This website is operated by Mama Moments Limited. Throughout the site, the terms “we”, “us” and “our” refer to Mama Moments. Mama Moments 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/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1. SERVICE AVAILABILITY
Our service is currently only intended for use by people resident in the Republic of Ireland, Northern Ireland and the United Kingdom (Serviced Countries). We do not represent that content available on or through our website is appropriate for use or available in other locations.
2. YOUR STATUS
By placing an order through our site, you confirm that
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are resident in one of the Serviced Countries.
3. PRODUCTS AND SERVICES
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made 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.
4. VOUCHERS AND DISCOUNTS
We may offer discount promotions and other types of voucher/coupons (Voucher) which are required to be activated by entering a code during check out, unless part of our referral program, which will be automatically be added to your account as a credit. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
We reserve the right to withdraw or cancel any Voucher for any reason at any time.
Vouchers may only be redeemed through the website www.mamamoments.ie and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
Any discounts awarded to you as part of our referral program will be automatically credited to your Mama Moments online account, and will be deducted during your next billing cycle. If you cancel your subscription you will not receive a monetary refund for the credit amount in your account. These credits are non-transferrable.
5. CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
To cancel a Contract, you must log into to your Mama Moments account or email email@example.com. You must also return the Products to us as soon as reasonably practicable. You must pay the cost of returning the Products if they correspond to the goods you ordered. You have a legal obligation to take reasonable care of the Products while they are in your possession and products must be returned in the same condition in which you receive them. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Each individual skincare and consumable item provided by us as part of the Mama Moments subscription box should be reviewed by you before use. All ingredients are listed on the individual products and should be read carefully. People who have food allergies are not always allergic to the same items in skin care products. We would advise that before using any new skincare product that you perform a patch test for reactions or sensitivities. Food or drink products containing items you have a known allergy for should not be consumed.
8. PRICE AND PAYMENT
The price of the Products and our delivery charges will be as quoted on our site. Product prices include VAT.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders where we have already sent you a Dispatch Confirmation.
9. OUR RETURNS POLICY
Due to the mystery nature of the contents of our Mama Moments boxes, we are not able to accept returns. If you are unhappy with your subscription you can cancel at any time.
We only replace items from within the Mama Moments box if they are defective or damaged. If you have received a damaged or defective item then please send an email to firstname.lastname@example.org and we will see if we can resolve the situation. We may be able to exchange the item if we still have the same in stock or we may at our discretion replace for an item of similar value. We retain the right to request you to return the damaged goods at your own expense by recorded delivery. Please contact us for the return address.
10. OUR LIABILITY
If we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
Nothing in this agreement excludes or limits our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products.
All notices given by you to us must be given to Mama Moments Limited at email@example.com.