MOMLY Terms and Conditions
Effective Date: 10.02.2023
Welcome to MOMLY! By accessing or using the website located at https://momlyus.com/ (the “Site”) and purchasing products from us, you agree to be bound by the following Terms and Conditions (the “Terms”). Please read these Terms carefully before using our Site. If you do not agree to these Terms, please do not use the Site.
1. General Terms
1.1. Operator: The Site is operated by MOMLY (“Company,” “we,” “us,” “our”). Throughout the Site, the terms “you” and “your” refer to the user or customer.
1.2. Acceptance: By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other agreements incorporated by reference.
1.3. Modification: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.
2. Products and Services
2.1. Product Information: We strive to provide accurate descriptions of products on our Site. However, we do not warrant that the product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free.
2.2. Availability: All products are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even after you have placed your order.
2.3. Pricing: Prices for our products are subject to change without notice. We reserve the right to modify or discontinue a product at any time without notice.
3. Orders and Payment
3.1. Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order at any time after receipt.
3.2. Payment Terms: Payment must be made in full at the time of ordering. We accept major credit cards and other payment methods as specified on the Site. By submitting payment information, you represent and warrant that you are authorized to use the payment method and that you authorize us to charge the full amount of the order to that payment method.
3.3. Billing Accuracy: You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4. Shipping and Delivery
4.1. Shipping Policy: Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. The risk of loss and title for products purchased from us pass to you upon our delivery to the carrier.
4.2. Delivery Times: We aim to ship your order within the estimated delivery times provided. However, we are not responsible for any delays in shipping or delivery that are outside of our control, including delays caused by the shipping carrier.
4.3. International Shipping: If applicable, international shipments may be subject to import taxes, customs duties, and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties, and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be fulfilled by the recipient.
5. Returns and Refunds
5.1. Return Policy: We accept returns for products purchased directly from us within 30 days of purchase, provided they are in their original condition and packaging. To initiate a return, please contact us at [email protected] with your order details and the reason for the return.
5.2. Refunds: Once we receive your return, we will inspect the item and notify you of the status of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within a certain amount of days.
5.3. Exchanges: We only replace items if they are defective or damaged. If you need to exchange it for the same item, contact us at [email protected].
6. Intellectual Property Rights
6.1. Ownership: All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of MOMLY or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2. Restrictions: You may not use, reproduce, distribute, create derivative works from, or otherwise exploit any of the content on the Site for commercial purposes without our express written consent.
7. Limitation of Liability
7.1. Disclaimer: To the fullest extent permitted by law, MOMLY shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or otherwise, arising from your access to or use of the Site.
7.2. No Warranty: The Site and all information, content, materials, products, and other services included on or otherwise made available to you through the Site are provided by MOMLY on an “as is” and “as available” basis, unless otherwise specified in writing. MOMLY makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products, or other services included on or otherwise made available to you through the Site, unless otherwise specified in writing.
8. Indemnification
8.1. Defense: You agree to indemnify, defend, and hold harmless MOMLY, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, losses, or damages (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of another.
9. Governing Law
9.1. Jurisdiction: These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of NC, United States, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in NC and waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Changes to Terms and Conditions
10.1. Updates: We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
11. Severability
11.1. Invalidity: If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
12. Contact Information
12.1. Support: For any questions or concerns regarding these Terms, please contact us at [email protected].