Mama Healthy Online Policy and Procedure
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By accessing the Site, you confirm having read and understood these conditions. If you do not wish to be bound by these terms and conditions, you cannot use the Site to order products from.
1. GENERAL TERMS OF SALE
1.1 Price
1.1.1 The purchase price for each product ordered is the one that appears directly facing that product on the Site.
1.1.2 The cost of delivery and all applicable sales taxes are over and above the product price.
1.1.3 Mama Healthy reserves the right to change the price of any product offered on the Site at any time and without prior notice.
1.1.4 All prices are in US dollars.
1.2 Product Returns
1.2.1 You may return any Mama Healthy product at any time up until the 15th day after their receipt on the strict condition that the product has not been removed from its original packaging and that this packaging has not been damaged (unless the product is defective).
1.2.2 For defective or damaged products during shipment, Mama Healthy will exchange the product. You must notify Mama Healthy within 24 hours of receipt of a defective or damaged product. Defective and damaged shipments must be available for inspection.
1.2.2 You must assume the cost and risks of product returns, unless Mama Healthy failed to deliver the product ordered or if the product delivered is defective or damaged during shipment. In such a case, Mama Healthy will assume the costs and risks related to transportation provided that you use a transportation company and method pre-approved by Mama Healthy.
1.2.3 Upon receipt of returned products, any amount debited on your credit card or PayPal account to the order of Mama Healthy with regard to said products (except for the cost of delivery) will be credited within 15 business days, upon the condition that said products are received by Mama Healthy in the same condition in which they were delivered to you.
1.3 Product Availability
1.3.1 Mama Healthy does not under any circumstances guarantee the availability of any product listed on the Site. If Mama Healthy cannot deliver any product ordered because of a lack of inventory, you will be notified by e-mail once the relevant inventory becomes available. You will then have the following options:
1.3.1.1 Request that we deliver said products until all the products of the entire order are available, in which case your credit card or PayPal account will be debited before the products are forwarded to you.
1.3.1.2 Request that we deliver said products in partial shipments, receiving a partial shipment of the in-stock items first and the out-of-stock items when they are available. Note that you may incur additional shipping charges for partial shipments. Your credit card or PayPal account will be debited before the products are forwarded to you.
1.3.1.3 Refuse delivery or canceling out of stock items, in which case no charges will be applied to your credit card for cancelled items. You must notify Mama Healthy in writing your intention to refuse delivery, in which case no charges will be applied to your credit card or PayPal account.
1.3.2 Mama Healthy is at no time responsible for any damages that you may incur as a result of a lack of inventory.
1.4 Product Delivery
1.4.1 Mama Healthy will deliver orders to the address provided by the customer upon ordering.
1.4.2 Delivery costs vary depending on the order (weight, volume, destination, speed of delivery).
1.4.3 Mama Healthy must obtain full payment of products before shipment.
1.4.4 The delivery will be made by Mama Healthy upon approval of your order using the mode of delivery selected on the Site. The cost and speed of delivery may vary depending on the time of day the order is placed, destination, the mode of delivery, as well as product availability. The delivery time is calculated as of the product's date of departure from Mama Healthy offices.
1.4.5 Products are deemed your property upon their release by Mama Healthy to the transport company. As of such time, you assume all risks, and Mama Healthy is no longer responsible for the loss or destruction of the products.
1.4.6 In the case of products destined to deliver outside the United States, you are responsible for any customs and excise charges, as well as any and all export costs.
1.4.7 No delivery shall be made to a post office box.
1.4.8 Product delivery is subject to the corporate policies governing the delivery companies used by Mama Healthy. Moreover, product delivery is subject to corporate policies governing other delivery companies used by Mama Healthy from time to time. You will also be subject to policies concerning the signature of waybills. If you are absent from the location provided to Mama Healthy for product delivery, it is your responsibility to pick up the undelivered products from any of the above-mentioned companies in accordance with said company's policies.
1.5 Responsibility
1.5.1 In the event that Mama Healthy's responsibility towards you is confirmed, said responsibility would be limited to an amount equal to the price of the returned product.
1.5.2 Notwithstanding the foregoing, nothing in the present article can have the effect of limiting any right you may have as a consumer pursuant to any public laws which may apply to you.
1.6 Force Majeure
Mama Healthy shall not be held responsible for a failure to execute, in whole or in part, any of its obligations towards you, nor for losses or damages that could result from such failure to execute, if said failure is as a result of conditions beyond Mama Healthy’s reasonable control, including, but not limited to, Acts of God, fire flood, windstorm, acts of governmental authorities, strikes shortage of raw materials, breakdown, shortage or non-availability of transportation facilities or equipment or any similar event not within Mama Healthy’s control.
2. CONDITIONS OF SITE USE
2.1 Location of Site Operation
Mama Healthy operates the Site from its offices in the State of California, USA. Any claim regarding the Site and its contents, or ensuing as a consequence of the use of the Site, is governed by the laws applicable within the State of California.
2.2 Restrictions Related to Site Use
Unless otherwise indicated in one section of the Site or another, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way without prior written consent from Mama Healthy. It is permitted to display or download items from the Site for non-commercial purposes only, and provided that said items are not modified and that all related copyrights are respected.
2.3 Trademarks
The trademarks (registered or not) logos and photos used or displayed on the Site belong exclusively to Mama Healthy or third parties. Nothing on the Site may be interpreted in any way that would allow, directly or indirectly, the use of a trademark shown on the Site without prior written consent from the owner of that trademark.
2.4 Liability Limitations
The Site and its contents are supplied as shown, without any implicit or explicit warranty. Subject to any public legislation to the contrary, Mama Healthy declines any responsibility and provides no warranties, particularly with regards to marketable quality or suitability for any particular use. Moreover, Mama Healthy makes no representation regarding the use, validity, accuracy or reliability of the items displayed on the Site, or with respect to the results ensuing from the use thereof. Although Mama Healthy takes every possible measure to avoid any errors on the Site, it waives any responsibility regarding any such errors that may appear. No related company, executive, employee, representative or agent of Mama Healthy can be held liable under any circumstances for damage related directly or indirectly to use of the Site, including the loss of data or profit as a consequence of the use of the Site's contents or inability to use said items.
2.5 User-Transmitted Information
As a Site user, you hereby acknowledge that all items, information and opinions transmitted to Mama Healthy by any means will become the complete and exclusive property of Mama Healthy, and you hereby waive all moral rights related thereto. Mama Healthy hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish and license by any means and to whomever it sees fit any items you may have transmitted to it. Furthermore, you are not permitted to transmit any items to Mama Healthy that may be illegal, slanderous, obscene or contrary to any applicable law. By transmitting any content, you hereby represent to Mama Healthy that you own any and all relevant rights to such content, including copyrights. Mama Healthy reserves the right, at its sole discretion, to refrain from publishing or to retract any item you may have transmitted to it.
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