Terms of Service

TERMS AND CONDITIONS GOVERNING PURCHASES MADE THROUGH THE WEBSITE


Overview


This website is operated by Moms Do It Better LLC. Throughout these terms and conditions and the site, the terms “we”, “us” and “our” refer to Moms do It Better offers 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 purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms and Conditions”). These Terms and Conditions apply to all users of the site who purchase or place an order for a product through the website. Enquiries about these Terms and Conditions should be sent to contgact@momsdoitbetter.com
These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions: 1. “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site. 2. “Confirmation of Order” means our email to you confirming your order. 3. “Customer” means individual who places an Order on the Site. 4. “Order” means the order submitted by you to the Site to purchase a Product from us. 5. “Product” means the goods or services provided on the Site. 6. “You” means the Customer who places an Order. 7. “Site” means http://www.momsdoitbetter.com


To place an order with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You may not use our Product for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws).
These Terms and Conditions apply to all Orders made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.

 

Nothing in these Terms and Conditions affects your statutory rights under any laws.
These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed by us in writing.
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your Order by us is purely for information purposes and does not constitute the acceptance of Order. We may give you an Order reference number and details of the Product you have ordered, and to the fullest extent permitted by law, we may at our discretion refuse to accept an Order from you for any reason, including unavailability of supplies, or we may offer you an alternative Product (in which case we may require you to re-submit your Order).
To the fullest extent permitted by applicable law, we may cancel an Order if the Product is not available for any reason, and we will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product.


Payment

You must pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us. You may also pay by any other method that we have represented that is acceptable to us, but in any event we shall not be bound to supply the Product before we have received cleared funds in full.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.

Shipping

We are not responsible for any shipping deliveries that may be affected by damages or lost items that occurred during the shipping/transit process. Once items leave the Moms Do It Better warehouse all risk is then passed to you. We will not be liable for any damages, loss or destruction of product caused during the shipping process.

Delivery

We aim to deliver the Product to you at the place of delivery requested by you in your Order. We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date of delivery when you submit your Order. We always aim to deliver within a reasonable time from the date of any Order which we accept but we cannot guarantee any exact delivery dates.
We shall use our reasonable efforts to contact you if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery.
We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
All risk in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.


Fault

We warrant that: the Product will be delivered undamaged in the quantities ordered; and the Product will conform with the description as set out on the website at the time of your Order.
WE MAKE NO OTHER WARRANTIES AND REPRESENTATIONS AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

 

Limitation of Liability

You acknowledge and agree that we limit our liability in respect of all claims for a nonconforming or damaged Product, at our option, to replacement of the product or payment of having the Product supplied again.
You agree that our total aggregate liability for all claims relating to the Product is limited to the retail price and shipping costs paid by you to us for the product.
This Limitation of Liability shall not apply to claims for personal injury, willful conduct, gross negligence or fraud related to your use of a Product.
To the fullest extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms and Conditions.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.
To the fullest extent permitted by applicable law, we may cancel an Order by written notice to you for any of the reasons stated herein.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.


General Provisions

No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

User Content

You agree to have your images shared, that may be directly uploaded User Content or post User Content to Moms Do It Better social media accounts. By uploading User Content and posting User Content that you have tagged with the Moms Do It Better hashtags (#momsdoitbetter) to social media platforms as well as reviews left on the Moms Do It Better platform, you grant Moms Do It Better, its third-party service providers who provide content management services  the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Moms do It Better-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using the Services, you are consenting to Moms Do It Better collection of any personal information you provide, on behalf of the Licensed Parties for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the Services or otherwise provide Moms Do It Better with personal information. Your personal information may be transferred to servers located outside the country in which you live r to affiliates or other trusted third parties based in other countries so that they may process personal information on Moms do It Better and its customers’ behalf. By using the Services or otherwise providing Moms Do It Better with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.

The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.