Tabare Group LLC dba Baretique SMS/MMS Content Policy Terms and Conditions

When you opt-in to SMS/MMS Messaging, you confirm that you are a US resident, 16+, and (1) agree to Tabare Group LLC dba Baretique Terms of Service and (2) have read and acknowledge the Tabare Group LLC dba Baretique Privacy Policy. Tabare Group LLC dba Baretique uses personal information it collects and processes to provide you with tailored and personalized content, order updates, follow-up to your requests, offers and other marketing and promotional communications.  We do not share your personal data with any other third party or other company brands.

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Tabare Group LLC dba Baretique, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Tabare Group LLC dba Baretique reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Tabare Group LLC dba Baretique also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Tabare Group LLC dba Baretique, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Tabare Group LLC dba Baretique Terms of Service and Tabare Group LLC dba Baretique Privacy Policy.

Introduction
Tabare Group LLC dba Baretique ("we," "us," or "our") is committed to maintaining the highest standards of integrity and transparency in our communications. This SMS/MMS Content Policy outlines the terms and conditions under which we send and manage text messages to our users. By opting in to receive text messages from us, you agree to the terms and conditions set forth below. 

User Consent and Opt-In
Users must provide explicit consent to receive SMS/MMS messages from Tabare Group LLC. Consent is obtained through user-initiated actions such as filling out a form on our website, sending a request to our customer service, or by other direct interaction where the user voluntarily provides their phone number and agrees to receive messages. We do not send any SMS/MMS messaging to anyone who has not opted-in to this service.

Purpose of Messages
We send SMS/MMS messages for the following purposes:

• **Order Updates** Notifications regarding the status of your orders or shipping delays.
• **Responses to Questions or Comments** Replies to inquiries or feedback you have requested or relevant to your account with us.
• **Surveys or Promotions** Information about surveys or promotions that you have specifically requested or expressed interest in, such as, your satisfaction with the ordering process or the product(s) purchased from us.

We do not use text messages for any unsolicited promotions or marketing activities.

Data Privacy
We respect your privacy and are committed to protecting your personal information. We do not share your phone number or any other personal information with third-party companies for their own marketing purposes. Your data is used solely for the purposes outlined in this policy.

Compliance with Carrier Policies
Tabare Group LLC adheres to all carrier SMS/MMS policies and regulations. We comply with industry standards and legal requirements to ensure our messaging practices are lawful and respectful of user preferences.

Message Frequency and Bulk SMS
We do not engage in bulk SMS texting. The frequency of messages will vary based on your interactions with us, such as the number of orders placed, inquiries made, or surveys/promotion requests.

Standard Carrier Fees
Standard message and data rates may apply for any messages sent to you from us and to us from you. These rates are determined by your mobile service provider and not by Tabare Group LLC. We are not responsible for any charges incurred from your mobile carrier as a result of our SMS/MMS communications.

Opt-Out Process (Cancellation)
You can opt out of receiving SMS/MMS messages from us at any time by replying with "STOP" or "Unsubscribe" to any message you receive. Upon receiving your opt-out request, we will send a confirmation message and promptly remove your number from our SMS/MMS list.

CUSTOMER CARE
If you are experiencing any problems, please visit https://baretique-shop.myshopify.com/pages/contact-us and submit the form with details about your problem or your request for support, or email hello@baretique.com. This message program is a service of Tabare Group LLC, located at 2321 4th Street, Suite 103, Tucker, Georgia 30084.

Changes to This Policy
We may update this SMS/MMS Content Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify users of any significant changes by posting the new policy on our website or through other appropriate communication channels.

Contact Information
If you have any questions or concerns regarding this SMS/MMS Content Policy, please contact us at:

Tabare Group LLC dba Baretique
2321 4th St, Suite 103 
Tucker, GA 30084
hello@baretique.com
678-884-0556 (North America) or 1-866-969-4840 (Toll-Free USA)  or +27(10)1435534 (South Africa)

By opting in to receive SMS/MMS messages from Tabare Group LLC, you acknowledge that you have read, understood, and agree to the terms and conditions outlined in this policy.

Dispute Resolution

  a. General. In the interest of resolving disputes between you and Tabare Group LLC dba Baretique in the most expedient and cost-effective manner, you and Tabare Group LLC dba Baretique agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Tabare Group LLC dba Baretique or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Tabare Group LLC dba Baretique or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Tabare Group LLC dba Baretique ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

  b. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Tabare Group LLC dba Baretique to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

  c. Arbitrator. Any arbitration between you and Tabare Group LLC dba Baretique will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Tabare Group LLC dba Baretique. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

  d. Notice; Process. If you or Tabare Group LLC dba Baretique intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Tabare Group LLC dba Baretique address for Notice is: 2321 4th Street, Suite 103, Tucker Georgia 30084, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Tabare Group LLC dba Baretique will make good faith efforts to resolve the claim directly, but if you and Tabare Group LLC dba Baretique do not reach an agreement to do so within 30 days after the Notice is received, you or Tabare Group LLC dba Baretique may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Tabare Group LLC dba Baretique must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Tabare Group LLC dba Baretique will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance- based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Tabare Group LLC dba Baretique for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Tabare Group LLC dba Baretique agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Tabare Group LLC dba Baretique made within 14 days of the arbitrator's ruling on the merits.

  e. No Class Actions. YOU AND Tabare Group LLC dba Baretique AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tabare Group LLC dba Baretique agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

  f. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Tabare Group LLC dba Baretique makes any future change to this arbitration provision, other than a change to Tabare Group LLC dba Baretique address for Notice, you may reject the change by sending us written notice within 30 days of the change to Tabare Group LLC dba Baretique address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Tabare Group LLC dba Baretique.

  g. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.


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