Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you ("Customer") accept and agree to these terms and conditions. A binding contract will only be formed upon Earth Mama Angel Baby® giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.
In these terms and conditions: Earth Mama Angel Baby®, Inc. is referred to as “Earth Mama Angel Baby®”. “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this website or an Earth Mama Angel Baby® telephone call center, and whose order for Products is accepted by Earth Mama Angel Baby®; “Contract” is the contract containing these terms and conditions, formed by Earth Mama Angel Baby®’s acceptance of your order, and credit card or other payment details; “Products” are the products listed as items for sale on Earth Mama Angel Baby® websites; “Services” are any services available from Earth Mama Angel Baby® through Earth Mama Angel Baby® websites, for example, delivery or packaging services; “Terms” are these terms and conditions of sale; “Earth Mama Angel Baby® websites” are the websites operated by or on behalf of Earth Mama Angel Baby®; and “day” refers to a calendar day.
2. General – Application of Terms and Conditions
Customer's (your) purchase of Products, whether through an Earth Mama Angel Baby® website or a Earth Mama Angel Baby® telephone call center, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
A consumer is entitled to notify the seller that he withdraws from the sale, without penalty and without giving any reason within 30 days after the day of delivery. For further information on returns: See section 15 or phone Earth Mama Angel Baby® on the appropriate call center number listed on the web site.
3. Changes to Terms and Earth Mama Angel Baby® websites
Earth Mama Angel Baby® may amend these Terms, including payment, guarantee and warranty terms, without notice. Also Earth Mama Angel Baby® reserves the right to modify the terms of separate Product guarantees, at any time. Earth Mama Angel Baby® may provide notices of changes to Earth Mama Angel Baby® websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant Earth Mama Angel Baby® website.
Frequent review of Earth Mama Angel Baby® websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected.
Although care is taken to ensure the accuracy of the information on Earth Mama Angel Baby® websites, they could include inaccuracies or typographical errors, including pricing errors. Earth Mama Angel Baby® shall not be obliged to honor, nor be liable in respect of, such errors. Earth Mama Angel Baby® and third party suppliers may make improvements and/or changes in Products, Prices and other details described in Earth Mama Angel Baby® websites, at any time. Changes are periodically made to update Earth Mama Angel Baby® websites.
4. Product information and availability changes
Earth Mama Angel Baby® continually updates and revises Products. Earth Mama Angel Baby® may update, revise and/or discontinue Products and/or any peripheral products at any time. Earth Mama Angel Baby® may revise prices for Products listed as available items on Earth Mama Angel Baby® websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the Earth Mama Angel Baby® website displaying that price or the day on which Customer is informed of the price by Earth Mama Angel Baby® endeavors (through a telephone call center or otherwise). Earth Mama Angel Baby® displays current Products at http://www.tobordeaux.com and on local or country specific Earth Mama Angel Baby® websites, such as http://www.tobordeaux.com
Earth Mama Angel Baby® endeavors to maintain Product availability. However, Product availability constantly changes and different Products and Product groups may have different availabilities. All orders are subject to availability of the relevant Product(s). Earth Mama Angel Baby® reserves the right to prioritize orders and to allocate limited stock between orders as it deems fit.
Any weights and measurements stated on Earth Mama Angel Baby® websites are approximate,
The price of Products shall be Earth Mama Angel Baby®’s currently applicable price at the date and time of acceptance of the Customer’s order. This may be specified on Earth Mama Angel Baby® websites or at Product purchase “check-out”, but the definitive price shall be that which is notified to Customer by Earth Mama Angel Baby® on acceptance of the order by Earth Mama Angel Baby®. Any incorrect prices on Earth Mama Angel Baby® websites shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by Earth Mama Angel Baby® shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price.
Prices do not include shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable), as specified in the invoice issued by Earth Mama Angel Baby® after purchase of Products from Earth Mama Angel Baby®.
6. Manner of Payment
Earth Mama Angel Baby® accepts payment by approved credit card or debit card. Earth Mama Angel Baby® does not accept other means of payment (e.g. check) without Earth Mama Angel Baby®’s prior agreement through its telephone call center or otherwise. Payment options may vary from country to country.
7. Terms of Payment
Customer must tender payment (via an accepted credit card or other payment means accepted by Earth Mama Angel Baby®) on or before the delivery of Products unless otherwise agreed with Earth Mama Angel Baby®. Invoicing and payment collection by Earth Mama Angel Baby® may be effected through third parties.
For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant Earth Mama Angel Baby® website or to the telephone call center agent, when Customer orders Products. Earth Mama Angel Baby® will attempt to verify the validity of the credit card with the card’s issuer and may convey acceptance of the order (as set out below) to Customer if the credit card is accepted.
Earth Mama Angel Baby® will charge credit cards & debit cards on shipment, after a Contract has been concluded (i.e. after Earth Mama Angel Baby® has verified Product availability and accepted the Customer’s order and payment method).
8. Order Acknowledgment, Order Acceptance, Contract formation
All orders for Products placed by you with Earth Mama Angel Baby® are subject to acceptance by Earth Mama Angel Baby®. Earth Mama Angel Baby® may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
Earth Mama Angel Baby® may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone). Such an acknowledgement of receipt may be automatically generated and shall not constitute an acceptance of the order. Earth Mama Angel Baby® websites through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input error before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
If an order placed online through a Earth Mama Angel Baby® website, by e-mail or by telephoning a Earth Mama Angel Baby® call center is accepted, Earth Mama Angel Baby® may advise of its acceptance of the order by e-mail or other written form. Earth Mama Angel Baby® reserves rights to acknowledge or accept verbally (by telephone) telephone orders placed through its call center or similar facilities.
Any Contract is dependent and conditional upon Earth Mama Angel Baby®’s verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until Earth Mama Angel Baby® confirms acceptance of both of these items, Earth Mama Angel Baby® has no obligation to provide any Products. Where Customer has elected to make payment other than with a credit card (and Earth Mama Angel Baby® has accepted that payment option), Earth Mama Angel Baby® is entitled to consider an order or Contract cancelled with or without notice to Customer, if Earth Mama Angel Baby® does not receive that payment within 10 days of the date of the relevant order acknowledgement.
We maintain records of orders, order acknowledgements and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order acceptance, payment method acceptance and invoice as evidence of purchase.
9. Account Information
You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Earth Mama Angel Baby® website account details section or as requested by a Earth Mama Angel Baby® telephone call center agent (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other Earth Mama Angel Baby® websites. Earth Mama Angel Baby® shall not be liable for any unauthorized use of passwords.
Products will be delivered to delivery addresses within the US only, except as otherwise exceptionally agreed with Earth Mama Angel Baby®. Earth Mama Angel Baby® will use its discretion in selecting a reputable carrier and appropriate means of delivery. Earth Mama Angel Baby® may deliver Products by installments in any sequence.
11. Delivery Date
Earth Mama Angel Baby® aims to deliver promptly. However, there may be reasons for Earth Mama Angel Baby®’s inability to ship according to its target dates (most of which are beyond Earth Mama Angel Baby®’s control). Accordingly, any dates given by Earth Mama Angel Baby® for the delivery of Products are estimates only, and Earth Mama Angel Baby® cannot and does not undertake that delivery will occur on any specified dates.
However, you have the option of cancelling your order at any stage prior to dispatch of your Products by Earth Mama Angel Baby®. You may also have a right to return Products after they have been delivered (see ‘Your Right to Return and Returns Policy’ below).
If Products cannot be delivered by any estimated or target dates given by Earth Mama Angel Baby®, Earth Mama Angel Baby® may elect to cancel the order and refund any money paid by the Customer. If an order is cancelled, Earth Mama Angel Baby®’s only obligation shall be to refund any money paid by the Customer to Earth Mama Angel Baby®.
Earth Mama Angel Baby® retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. Earth Mama Angel Baby® reserves rights (subject to applicable law) to terminate Customer’s right to use, sell or otherwise deal in Products, and to enter the premises of Customer and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires Earth Mama Angel Baby® to return any payment made for the Products, for any reason.
13. Your Acceptance of Products
You have the responsibility for examining the Products on delivery and verifying their condition, and that the content of the Product package is complete. Products will be considered to have been accepted by you on delivery, as in good condition, and with all accessories, components and other products and content to be contained in or packaged with the Product, and as otherwise in accordance with the Contract, unless you have on delivery or promptly thereafter inspected the Products and notified Earth Mama Angel Baby® of any deficiencies or defects.
14. Your Right to Return and Returns Policy
You may return purchased Products for any reason for a full refund of the Product purchase price actually paid within 30 days following the date you receive the Products, subject to compliance with the following:
-You must obtain an Earth Mama Angel Baby® Return Merchandise Authorization number. This number may be obtained from Earth Mama Angel Baby® via telephone or email, via the standard contacts posted on the Earth Mama Angel Baby® website. You must return the Products to the address and in the manner indicated on the return documentation.
- The Earth Mama Angel Baby® return reference number must be prominently displayed on the outside of the package in which the Products are returned to Earth Mama Angel Baby®. Your Earth Mama Angel Baby® invoice must be enclosed with the returned Products.
- You must pay the return delivery charges and assume all risk of loss and damage to Products while in transit to Earth Mama Angel Baby®.
- Products must be returned in the original packaging, in “as new condition."
If you return Products (1) which have been damaged or used, (2) without an Earth Mama Angel Baby® Return Merchandise Authorization number, (3) after the 30 day returns period, (4) without proper or with missing packaging, (5) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, or (6) without pre-paid delivery, Earth Mama Angel Baby® retains the right either to refuse to refund Product purchase price (subject to applicable local law), or to charge you repair, restocking or related fees and delivery charges. Earth Mama Angel Baby® may in that case deduct those fees and charges from any payments to be refunded to you.
On return of Products, Earth Mama Angel Baby® will, subject to the above qualifications, repay the Product purchase price amount paid to Earth Mama Angel Baby®, less any fees and charges due to Earth Mama Angel Baby® (as per the above), by crediting your relevant credit card or bank account (or other means in which the Product was purchased). In the event that the return is due to an error by Earth Mama Angel Baby® then Earth Mama Angel Baby® will refund the total purchase price including postage paid to Earth Mama Angel Baby® by the customer.
The issue by Earth Mama Angel Baby® of a Return Merchandise Authorization number shall not constitute an acceptance or acknowledgment of any right to return Products, except to the extent that these Terms or mandatory applicable laws confer such a right.
In addition to the above Earth Mama Angel Baby®’s return procedure which can be found on the Earth Mama Angel Baby® website earthmamaangelbaby.com will apply.
15. Resale of Product
Customer shall not resell Products. Earth Mama Angel Baby® may (among other reasons) reject orders placed by Customer if Customer breaches this term (with regard to any Products) or if Earth Mama Angel Baby® reasonably suspects that Customer has breached or will breach this term.
16. Liability limitation
These Terms set out the full extent of Earth Mama Angel Baby®’s obligations and liabilities in respect of the supply of, or failure to supply, Products. Earth Mama Angel Baby® is not liable to you (or any other parties):
a. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (even if Earth Mama Angel Baby® have been advised of the possibility of such damages), however caused, through serious fault, Product unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases),
b. for 1) loss of the use of Products or inability to order Products via a Earth Mama Angel Baby® website or other media, 2) the cost of procuring substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through a Earth Mama Angel Baby® website or other media, 3) unauthorized access to or alteration of your transmission or data, or 4) statements or conduct of any third party regarding any matter relating to content downloaded from an Earth Mama Angel Baby® website or other media.
This clause and the limitations of liability apply also to Earth Mama Angel Baby® named as the guarantor or warrantor (if any), in the relevant Guarantee. If applicable law prevents, restricts or limits Earth Mama Angel Baby®’s ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit Earth Mama Angel Baby®’s liability to the maximum extent permissible.
This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.
Important Consumer Qualification
Nothing in these Terms limits, excludes or affects (and should not be read to limit, exclude or affect) Earth Mama Angel Baby®’s liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited.
Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force which apply to you. You may assert your rights at your sole discretion.
17. Data Protection and Privacy
General – data collection
By submitting orders:
- you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the “Personal Data” (or similarly entitled) section of the Earth Mama Angel Baby® website order submission form or the telephone call center ordering process.
- you acknowledge that the processing of your Personal Data is necessary for the performance of the Contract and you consent to such processing.
In certain circumstances Earth Mama Angel Baby® may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Earth Mama Angel Baby® it shall also be regarded as “Personal Data”.
Earth Mama Angel Baby® may share, make available or transmit Personal Data to other departments and divisions in Earth Mama Angel Baby® (subject to Earth Mama Angel Baby®’s strict compliance with applicable data protection laws).
18. Export Control
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.
19. Other – general
Notices and Communications
Each party (i.e. you or Earth Mama Angel Baby®) may send notices or communications to the other by personal delivery, e-mail, regular mail or fax. Notices or communications must be sent to the latest contact details specified by the receiving party.
Notices and communications will be considered received by the addressee (as applicable):(1) If by courier or other mode of personal delivery, on the date of personal delivery to such addressee's address as last specified by that addressee before dispatch; or (2) if by posting, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee's address last specified by the addressee before posting; or (3) if by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report. E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee’s e-mail address, or (3) the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by Customers via e-mail shall only be effective upon express acceptance thereof by Earth Mama Angel Baby®.
Earth Mama Angel Baby® may at its option accept orders and acknowledge, accept or effect other communications by telephone. Telephone communications by Earth Mama Angel Baby® shall be as effective as written communications.
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
20. Statutory rights
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.