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Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of www.mamasboobiebox.com (the “Site”), and any purchases of products you might make on the Site. This Site is an e-commerce site which is owned and operated by Mama's Boobie Box Limited, a company registered in Ireland under company number 681003 and with its registered office at Caherlohan, Tulla, Clare, Ireland (“we”, “us” or “our”).

 

These Terms and Conditions apply to any purchases of products you make on our Site and the terms that apply when you visit our Site. By using this Site and by making any purchases on it, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Products

 

On our Site, you can choose to purchase individual products, or giftboxes comprised of the products advertised on the Site.

 

Display of Products:

The images we provide of the products on our Site are for illustrative purposes only. We make every effort to display the colours and packaging accurately but we cannot guarantee that a device's display of the colours will reflect the actual products. Your products may therefore vary slightly from those images you have seen online.

Availability of Products:

As we work with other small businesses, there will be occasions where certain products are not available for the gift boxes. In the event of this happening either a like for like replacement will occur, or we will be in touch with you to clarify your options with your order.

 

Our supplier Mama Designs is no longer in business and we have limited stock of bamboo breast pads. So although images may appear of this product within our gift boxes, it is likely from 1st November 2022 this product will be replaced with Bamboolik Cotton Washable Breast Pads. Two of these come in a pack with a laundry bag.

 

Pricing of Products:

We check the prices before we accept your order. In the unlikely event that we’ve shown incorrect pricing information, we will email you to you to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the products at the correct price or to cancel your order (or the affected part of it). We won’t proceed with processing your order in this case until you respond. If we don’t receive a response from you within 14 days, we will treat your order as cancelled and will notify you of this by email.

If the price of the products you have ordered changes between your order being placed and us processing your order and taking payment, you will be charged the price shown on the Site at the time of placing your order.

The cost of delivery is not included in the price of products displayed on our Site.  Delivery options and related charges will be presented to you as part of the order process.

 

 

The legal contract:

No part of our Site forms a contractual offer capable of acceptance. Your order of our products forms a contractual offer that we can, at our sole discretion, accept or reject. If you acknowledge receipt of your order, that does not necessarily mean we have accepted it. Our acceptance of your order is shown when we send you the order confirmation by email. Only once we have sent you an order confirmation will there be a legally binding contract between us and you.

You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as we are not liable if you make a mistake and give the wrong address. If you do, you should let us know immediately so we can update the delivery address (if we are able to).

Payments

You must pay for the products in advance via our Site and you will be prompted to pay during the order process. The store on our Site is run by Wix. You should read their terms and conditions and privacy policy before making a payment on our Site. We accept all major credit or debit cards.

Delivery and Shipping

For full information about delivery and shipping, please refer to our Delivery & Shipping Policy.

 

Returns and Refunds:

For full information about returns and refunds, please refer to our Returns & Refunds Policy.

 

Title and Risk:

You will own the product once we have accepted your order and you have made payment of the cost of the product and the delivery charges. The risk of the product will pass to you once it is in your physical possession, the possession of someone else that you nominate (such as a neighbour), or has been left in a safe place (such as a porch) by the courier.

 

eGift Cards:

Where you choose to purchase an eGift Card on our Site, these terms will apply.

 

Once the purchase has been made on the Site, the eGift Card will be emailed to your chosen recipient. Our eGift Cards can be exchanged for products on our Site up to the value of the eGift Card and cannot be exchanged for cash or other vouchers. Where the value of the product purchased with an eGift Card is less than the value of the eGift Card, the balance will be available to use towards another purchase of eligible product.

 

eGift Cards will be valid for at least 5 years after purchase and failure to redeem the eGift Card in this time will render the eGift Card invalid.

 

Use of our Site

 

Accounts:
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

 

Intellectual Property:
All content published and made available on our Site is the property of Mama's Boobie Box Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use:
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Hack into the account of another user of the Site; or

  • Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Third Party Goods and Services:
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

 

Computer Misuse:

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence u. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

No text or data mining, or web scraping

You must not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising, or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information, or services accessed via the same.

  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Reliance:

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

 

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.

 

 

General Legal Terms

 

Limitation of Liability:
We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.

 

Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss. Our total liability to you for all other losses arising out of or in connection with your use of our Site, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to €500.

 

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products.

 

Nothing in these terms and conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); fraud or fraudulent misrepresentation; or any other matter in respect of which liability cannot be excluded or restricted by law.

 

Indemnity:
Except where prohibited by law, by using this Site you indemnify and hold harmless Mama’s Boobie Box Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or purchase of our products or your violation of these Terms and Conditions.

Data protection:

We comply with applicable data protection legislation, including the General Data Protection Regulations (EU) (2016/679) and the Irish Data Protection Act 2018. We will only use your personal information as set out in our privacy policy, available at https://www.mamasboobiebox.com/privacy-policy.  

 

Force Majeure:

We will not be liable for any failure or delay in performing our obligations under these terms where our failure or delay is due to a cause beyond our reasonable control (“force majeure event”).  Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.

If a force majeure event is likely to adversely affect our performance of any of our obligations under these terms:

  • we will inform you as soon as is reasonably possible;

  • we will take reasonable steps to minimise the delay;

  • to the extent that we cannot minimise the delay, our affected obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly;

  • we will inform you when the force majeure event is over and provide details of any new dates, or availability of the products as necessary; and

  • if the force majeure event continues for more than 60 days, we will cancel your order and the legal contract with you and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the legal contract is cancelled and will be made using the same payment method that you used when you ordered the products.

 

 

Applicable Law and Jurisdiction:
These Terms and Conditions, and any non-contractual obligations arising under them, are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction over any matter and proceedings arising out of these Terms and Conditions.

Severability:
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

 

Contact Details:
Please contact us if you have any questions or concerns. Our contact details are as follows:

089 4831921
mamasboobiebox@gmail.com
Caherlohan, Tulla, Co. Clare, Ireland

You can also contact us through the feedback form available on our Site.

Last updated on 24th November 2022

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