Terms of Service

 

1. SUBJECT OF CONTRACT

These general conditions of sale define the rights and obligations of môme care® and of the Customer in regards to the products presented by môme care® on its website www.momecare.com (hereinafter referred to as "the Site"). They apply exclusively between the company môme care®, 185 Alewife Brook Parkway, Cambridge MA 02138, EIN: 33-1227911 (hereinafter referred to as "môme care®") and any physical human consumer visiting or making a purchase via the website itself (hereinafter referred to as "the Customer").

On the Site, môme care® allows the customer to order online products from the brand môme care® (hereinafter referred to as "the Product(s)") according to the present terms and conditions.

Any order placed via môme care® therefore entails the unconditional acceptance by the Customer of these conditions. môme care® reserves the right to modify the current general conditions at any time without notice; the applicable conditions are those in effect on the date of the order by the Customer.

2. PRODUCTS AND COMPLIANCE

2.1. The products on sale are presented on the website of môme care® and accompanied by a description.

2.2. Products offered by môme care® comply with the applicable standards in United-States and Europe.

Elements such as images, text, graphics and all the information and characteristics illustrating and/or accompanying the products are not contractual, which the Customer acknowledges.

As such, môme care® does not incur any liability for error or omission of any of these items or in case of modification of said elements by suppliers and/or publishers.

3. CLIENT'S OBLIGATIONS 

3.1. The Customer declares be at least 18 years of age and to have the legal capacity or hold parental permission allowing themselves to place an order on the Site.

3.2. The Customer undertakes to provide môme care® elements of real and necessary information for the performance of the intended service of the present conditions as requested online and relevant to their situation, including a valid first name, last name, address, phone and email address.

The Customer is responsible for any consequences deriving from any false or inaccurate information transmitted in which the return might be unlawful.

3.3. Once the order has been placed, môme care® addresses an email to the Customer confirming it. It informs of the sending of the Products.

3.4. The Customer may modify their personal information under the "My Account" section.

4. ORDERS

4.1. All orders will be confirmed after acceptance of payment.

4.2. môme care® reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.

4.3. môme care® can accept orders within the limits of available stocks. It informs the Customer of the availability of products sold on the Site at the time of order confirmation.

If, despite the vigilance of môme care®, products are unavailable, môme care® will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and refund, if applicable, the amounts already paid.

The permanent or temporary unavailability does not in any way engage the responsibility of môme care®, nor does it imply any right to compensation or damages in favor of the Client.

5. PRICES

5.1. The prices displayed on the Site are indicated in Dollars including US taxes, excluding shipping costs, order processing costs and packaging costs.

The shipping costs, order processing costs and packaging costs will be included in the basket of the Customer, before final confirmation of the order.

Prices can be modified at any time without notice and especially in the event of change of tax or economic data. The items will be billed based on rates in effect at the time of registration of the order.

5.2. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

Important Kentucky sales tax information regarding the tax you may owe directly to the state of Kentucky. We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue's Internet Web site.

6. DELIVERY

6.1. môme care® delivers its products in the United States of America, in France and can deliver on demand to all countries of the European Union or worldwide.

Products are shipped with the delivery form to the shipping address provided by the customer when ordering. The delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are target dates, corresponding to the average processing time and delivery. So that these deadlines are respected, the Customer must ensure that you have provided complete and accurate information concerning the delivery address (such as including: street number, building, stairs, access codes, names and/or interphone numbers, etc.).

In case of late delivery of more than 7 working days, if the product has not been shipped, the Customer may terminate the order by registered letter with acknowledgment of receipt and request a refund of his order.

 If the item was shipped before receiving the order cancellation for late delivery of more than 7 days, môme care® will refund the item and shipping charges upon receipt thereof, complete in its original condition and with all labels intact.

môme care® undertakes to inform the Customer of the evolution of the order processing.

In case of damaged delivery (already open, missing products...), the Customer shall notify the carrier and môme care®, by any means, under all reserve within 3 days of receipt of the product.

môme care® cannot be held responsible for consequences due to delayed delivery that are not of their making.

7. PAYMENT

Full payment must be made when placing an order. At no time may payments be considered as a deposit or instalments. Customers can pay their order by credit card (Visa, Eurocard/MasterCard) in accordance with the provisions of this Article.

For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and the security code on the back of the card (last three digits).

The communication by the Customer of his or her credit card number is authorization for môme care® to debit its account by the amount of the order.

No sending of cash on delivery will be accepted, whatever the reason.

môme care® retains ownership of the item until full payment by the Customer has been made. Purchases are made in a secure manner. Payment solutions adopted by môme care® are 100% secure. For payments by a banking card (credit or debit card), all the information that Customers communicate with môme care® are strictly protected and guarantee the accuracy and security of each transaction.

8. EXCHANGE AND RETURNS OF PRODUCTS 

RIGHT OF RETRACTION

Within thirty (30) days from receipt of the order, the Customer may request môme care® to return or exchange of the Product(s).

To do this, the Customer must first request a return or exchange e-mail.

If the return request is validated by môme care®, and that the customer had paid fees of shipments during the initial delivery, môme care® will send a pre-paid and pre-filled label for the shipping and handling charges to be born by môme care®.

However, if the Customer had received free delivery for the initial delivery, the shipping fee to return items are to be taken charge of by the Customer.

The return or exchange is at the risk of the Customer. The Product must be returned within a week in its original packaging, in its original condition, new, unopened, accompanied by the return notice, to the following address:

For US returns:                                     For France or European Union returns:

Môme Care                                              Môme Care

10 White Pine Lane                                  132 rue de la Roquette

Lexington MA 02421 - USA                      75011 Paris - France

If the item is not returned by the Customer within one week after receipt of the postage label, the return is considered canceled and the Customer must keep the product.

The returned Product will be refunded within a maximum of fifteen (15) days of its receipt by môme care® by a credit of the amount to be reimbursed to the bank account of the Customer.

The return costs are to be born by the customer unless môme care® delivered a damaged or different item from the item ordered, or if the Customer had not benefited from free delivery at the initial delivery.

Upon non-compliance by the Customer of these conditions, notably of the conditions of return or exchange, môme care® will not proceed with the refund for the Products concerned.

9. International Users

If you are visiting one of our Websites from a location outside of the United States, please keep in mind that it is a US based web and/or commerce site. This privacy policy governs the information collected by or on behalf of our Websites irrespective of where you are located when you access it, browse it, interact with it, and make purchases through it (including those that are shipped to addresses outside the US). If, for any reason, you are accessing a country specific website for a country in which you are not located (e.g. utilizing a proxy server) please contact Customer Service to view the policies and terms specific to your jurisdiction.

With respect to personal information you provide to môme care® on the Social Media Pages, once received from the social media sites, it is maintained and processed by us on servers and internal systems located in the United States. This means your personal information may be stored outside of the province, state, and/or country in which you reside, and processed by us, an affiliate or a third party service provider as described in this privacy policy. Moreover, governmental bodies that have jurisdiction over us in the United States (e.g., courts and law enforcement agencies) may be entitled to access your personal information.

10. Privacy of Children

Our Websites are not directed toward children under the age of thirteen (13) years. Furthermore, we do not knowingly collect any personal data from children under the age of thirteen (13) years. The children's products that we offer for sale on our Websites are intended for purchase by adults only. No one under the age of thirteen (13) years should provide any personal data on our Websites and/or at our stores. In the past, our affiliated company, môme care®, collected personal data from children under the age of thirteen (13) years with the consent of the children's parents or guardians. Any such personal data collected by môme care® has been deleted, and môme care® no longer possesses any personal data in regards to children.

11. GUARANTEES AND RESPONSIBILITY

môme care® only has, for all stages of access to the site, the ordering process for the shipping of the package or subsequent services, an obligation of means. The responsibility of môme care® cannot be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.

12. INTELLECTUAL PROPERTY

In no case the customer is allowed to download or modify all or part of the Site and its contents (listed products, descriptions, images, videos ...).

This Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of môme care®.

In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, will remain the full property of môme care®.

The Customer is therefore obliged to respect intellectual property rights and will not in any way use the trademarks appearing on the Site and on the Products in any eventuality, or deposit a trademark that would prejudice the rights of the owner, unless otherwise stated by contract.

It is the same for any other right of intellectual property.

13. GUARANTEES AND RESPONSIBILITY

môme care® agrees to only use the confidential information of its Customers in the case of operation of its website.

In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge.

As such, the information may be disclosed to the technical providers of môme care®.

Moreover, môme care® is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.

14. FORCE MAJEURE

In the event of a force majeure event, the party concerned shall notify the other within fifteen (15) days from the occurrence of the event by registered letter with acknowledgment of receipt.

Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the course of jurisprudence and French and American courts, total or partial strikes, lockouts, riots, boycotts or other actions in industrial or disputes commercial, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, telecommunications blocking, including wired and wireless telecommunications networks, and other cases independent of the will of the parties preventing normal execution of the contractual relationship.

All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned shall be terminated automatically without indemnity to one or other of the parties.

15. GENERAL PROVISIONS

13.1. NON PARTIAL VALIDITY OF CLAUSE

If any provision of these present conditions is declared invalid or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of other stipulations.

      13.2. UPDATING

These general conditions can be modified at any time without notice by môme care®, the applicable conditions are those in effect on the date of the order by the Customer.

These general conditions of sale are available permanently at the following address: https://www.momecare.com, so the Customer may reproduce or save them at any time.

   13.3. Governing Law 

JURISDICTION

The laws of the State of Massachusetts shall govern these Terms without regard to conflict of laws provisions.

15. Disputes

Any dispute relating in any way to your visit to, or use of the Site , to the products you purchase through the Site, or to your relationship to môme care® shall be submitted to confidential arbitration in Boston, Massachusetts; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of Boston. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU AND MOME CARE® AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and môme care® agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Questions: Should you have any questions regarding these Terms you may contact us at icare@momecare.com