About these terms
These Terms of Use (“Terms”) apply to the Banala website and purchases made directly from Banala Inc. (“Banala,” “we,” “our,” or “us”), a U.S. company. They explain the conditions for using our website, placing orders, and submitting content.
Please read these Terms before using our website or placing an order. By using the website or placing an order after these Terms have been brought to your attention, you agree to them to the extent permitted by applicable law. If you do not agree, please do not use the website or place an order.
Additional terms may apply to a particular product, promotion, app, or service. Where specific terms conflict with these Terms, the specific terms govern that subject. Our Privacy Policy explains our handling of personal information. Nothing in these Terms excludes a consumer right or obligation that cannot lawfully be excluded.
Using our website
You must be at least 13 years old to use the website and legally able to enter into a binding agreement to place an order. If you act for a business or another person, you must have authority to do so. Provide accurate information and protect any account credentials you create.
You may use the website for lawful purposes. You must not:
- Attempt to access another person’s account, private data, or systems without authorization.
- Introduce malware, bypass security controls, overload the website, or disrupt its operation.
- Use false identities, stolen payment information, fraudulent transactions, or deceptive submissions.
- Misappropriate website content or use automated collection in a way that infringes rights, bypasses access restrictions, or interferes with the service.
These restrictions do not prevent activities protected by applicable law. Contact support@banala.life if you suspect unauthorized use of your account.
Product information and pricing
We aim to describe products, prices, availability, and features accurately. Images are illustrative; appearance may vary with lighting and screen settings. We may correct errors and update information, including prices and availability.
The price, currency, and applicable charges presented for your order should be reviewed before you submit it. Updates to website information do not by themselves change an existing order or remove rights relating to an inaccurate description. If an error affects your order, we may contact you to clarify it or, where legally permitted, cancel the affected order and refund the payment for it.
Product availability and features may differ by model or destination. Please check the information for the specific product you intend to purchase.
Orders and payments
Orders are subject to acceptance and availability. You are responsible for providing accurate billing, shipping, and contact details and for using an authorized payment method. Payment processing is provided by third-party providers under their applicable terms.
To the extent permitted by law, we may refuse, limit, or cancel orders for reasonable grounds, including suspected fraud, unauthorized payment, incorrect order information, unavailable stock, or a pricing or technical error. If we cancel an order after taking payment, we will refund the amount paid for the canceled items and any associated charges that must be refunded.
If you need to correct or cancel an order, contact support@banala.life promptly. Whether a requested change can be made depends on the order’s status, the applicable policies, and your legal rights. This does not restrict a cancellation right provided by law.
Shipping, returns, and warranty
Our Shipping Policy and Returns & Support information explain delivery, returns, refunds, replacements, and warranty support. The terms presented for your purchase and any applicable written product warranty also apply. Please review them before ordering.
Delivery estimates may be affected by factors described in the Shipping Policy. If a shipping delay requires notice, your agreement, a cancellation option, or a refund under applicable law, those requirements continue to apply.
Nothing in these Terms cancels or reduces an applicable written product warranty, an express product commitment that is legally binding, or an implied warranty or statutory remedy that cannot lawfully be excluded. Purchases through a retailer, marketplace, or crowdfunding platform may also be subject to that seller’s or platform’s terms. Contact us if you need help identifying the appropriate support route.
Product use and individual experience
Banala products are designed for everyday sleep, focus, relaxation, or well-being, as described for each model. Use the product according to its instructions, including the recommended volume, power supply, charging, and care guidance.
Individual experiences vary, and we do not guarantee that every user will achieve a particular result. A customer’s review or testimonial describes that person’s experience and is not a guarantee of the same outcome for someone else.
Information on our website is general information, not personalized medical advice. Our products and website do not replace professional evaluation, advice, or treatment. If you have a health concern or questions about suitability, seek guidance from a qualified healthcare professional. This section does not limit product warranties or mandatory consumer rights.
Our content and intellectual property
Website text, images, videos, graphics, designs, software, logos, and other materials are owned by Banala or the relevant rights holders and are protected by intellectual property laws. The Banala name, dolphin logo, and related brand identifiers may not be used in a way that suggests unauthorized sponsorship or affiliation.
You may view our website and download materials made available for that purpose, such as product instructions, for lawful personal use. Keep any copyright or proprietary notices intact. Unless we give written permission, you may not reproduce, distribute, sell, or commercially exploit protected content beyond what applicable law permits.
No ownership of our intellectual property transfers to you through website access or a product purchase. These Terms do not restrict fair use or other rights that applicable law preserves.
Reviews and other submissions
You retain ownership of content you submit. When you intentionally submit a review or other content for publication on our website, you give us a nonexclusive, royalty-free permission to host, reproduce, format, and display it for that purpose, together with the name or profile details you choose to make public. This does not transfer ownership of your review to us.
Any further use of identifiable testimonials, photos, or videos in advertising or other channels is subject to the permissions provided and applicable law. A private support message does not, by itself, give us permission to publish it as a testimonial.
Your submissions must reflect your genuine experience, be lawful, and respect other people’s rights. Do not include confidential information, impersonation, spam, or material you are not authorized to provide. Disclose any material connection to Banala where required.
We may moderate content that is unlawful, contains private information, infringes rights, is fraudulent or unrelated, or otherwise falls within grounds permitted by law. We do not remove or suppress reviews solely because they are negative. Nothing in these Terms prohibits or penalizes lawful, honest consumer reviews. Formatting or editing must not misrepresent the reviewer’s opinion or experience.
Third-party websites and services
Our website may link to or use services provided by other organizations, including payment, delivery, social media, and commerce services. Their independent websites and services may have their own terms and privacy notices. We do not control their independent content or practices, and a link does not by itself imply endorsement.
This does not remove our responsibilities for your order or for service providers where applicable law places those responsibilities on Banala.
Promotions and special offers
Promotions, discounts, bundles, and special offers may have additional conditions, availability limits, or expiration dates disclosed with the offer. Please review those conditions before participating.
We may correct, suspend, or withdraw an offer where reasonably necessary, including because of error, misuse, or fraud, subject to applicable law and any commitments already made for accepted orders. An update to an offer does not automatically change an existing purchase.
Website availability
We work to keep the website useful and available, but access may be interrupted by maintenance, updates, technical problems, or circumstances beyond our reasonable control. We may change or discontinue website features and may restrict access where reasonably necessary to address security risks, unlawful activity, or a material breach of these Terms.
To the extent permitted by law, the website and its general informational content are provided on an “as available” basis, without a guarantee of uninterrupted access, complete security, or freedom from errors. This qualification concerns website operation; it does not replace product warranties, excuse obligations for accepted orders, or exclude nonwaivable rights.
Limitations of liability
To the fullest extent permitted by applicable law, Banala and its officers, employees, affiliates, and suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from the website, products, or services.
Subject to the exceptions below, our total liability for a claim related to a product purchase will not exceed the amount you paid for the product giving rise to the claim, to the extent that such a limit is lawful and enforceable.
These exclusions and limits do not apply to fraud or fraudulent misrepresentation, willful misconduct, or death or personal injury caused by negligence where liability cannot lawfully be limited. They also do not limit any liability, warranty, remedy, or consumer right that applicable law does not allow us to exclude or restrict. If a limitation is not permitted in your jurisdiction or circumstances, it applies only to the extent permitted.
Responsibility for misuse
To the extent permitted by law, you agree to indemnify Banala for reasonable losses, liabilities, and costs arising from a third-party claim caused by your unlawful misuse of the website, your material breach of these Terms, or content you submit that infringes another person’s rights.
This responsibility applies only to the extent the claim is attributable to your conduct. It does not require you to cover losses caused by Banala’s own negligence, misconduct, or breach of law, or claims arising from your lawful exercise of consumer rights or publication of an honest review.
Governing law and consumer rights
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, except where applicable law requires otherwise. If you are a consumer, this choice does not deprive you of mandatory protections that apply in your place of residence.
Please contact contact@banala.life about a concern relating to these Terms so we can try to resolve it. Contacting us is not a condition of exercising a legal right.
Changes and general provisions
We may update these Terms as our website, services, or legal requirements change. We will post the revised version and update the effective date. Where required, we will provide additional notice or obtain agreement before a change takes effect. Changes apply prospectively and do not alter an existing order unless you agree or applicable law permits it.
If a provision is held unenforceable, the remaining provisions continue to apply to the extent permitted by law. A decision not to enforce a provision on one occasion does not waive our ability to enforce it later.
Contact us
For questions about these Terms, contact Banala Inc. at contact@banala.life.
For orders, delivery, returns, or product support, email support@banala.life. Include your order number and the details needed to help with your request.
Mailing address: Banala Inc., 1178 Broadway, 3rd Floor #1552, New York, NY 10001, USA. This is a mailing address; contact our support team before sending any product.
