Terms of service
Terms of Service
General
This website is owned and operated by Mom’s Goods. Throughout the site, “we”, “us” and “our” refer to Mom’s Goods. We offer this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants and contributors of content. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the Service.
Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates or changes to the website. It is your responsibility to check this page periodically. Your continued use of the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
1. Online Store Terms
By agreeing to these Terms, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction when using the Service, including copyright laws. You must not transmit any worms, viruses or any destructive code. A breach of any Term will result in an immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without our express written permission. Section headings are included for convenience and will not limit or otherwise affect these Terms.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on material on this site is at your own risk.
This site may contain certain historical information which is not current and is provided for reference only. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Discounts or promotions are not cumulative.
5. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services that we offer. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion, and we reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address or phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and 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.
See our Returns & Refunds Policy for more details.
7. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure you are familiar with and approve the terms on which tools are provided by the relevant third-party providers. We may also, in the future, offer new services or features through the website which shall also be subject to these Terms.
8. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for third-party materials or websites, or for any other materials, products or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites. Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
9. User Comments, Feedback and Other Submissions
If, at our request, you send certain submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
10. Personal Information
Submission of personal information through the store is governed by our Privacy Policy.
11. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.
12. Prohibited Uses
In addition to other prohibitions set out in the Terms, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws or local ordinances, to infringe upon our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any prohibited use.
13. Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free, or that results obtained from the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.
You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Mom’s Goods, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content or product posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend and hold harmless Mom’s Goods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15. Severability
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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services or when you cease using the site. If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.
17. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Spain.
19. Changes to the Terms
You can review the most current version of the Terms at any time on this page. 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 website. It is your responsibility to check our website periodically for changes. Your continued use of the website or the Service following the posting of any changes constitutes acceptance of those changes.
20. Contact Information
Questions about the Terms should be sent to hello@momsgoodsbrand.com
