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Mayborn USA Inc. Terms and Conditions of Sale

These terms and conditions ("Terms") apply to the purchase and sale of products through www.tommeetippee.com/us (the "Website"). These Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

By placing an order for products from this Website, you accept and are bound by these Terms.

These Terms are an integral part of the Website’s Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products through this Website.

INFORMATION ABOUT US

We are Mayborn USA, Inc., a New York corporation (“we”, “us” or “our”) whose principal office is at 1010 Washington Boulevard, 11th Floor, Stamford, Connecticut 06901, USA.

You can contact us by telephoning our ParentHub Team (open Monday to Friday between 9am and 9pm EST) at 1-877-248-6922 or by writing to us at 1010 Washington Boulevard, 11th Floor, Stamford, Connecticut 06901, USA.

ORDER ACCEPTANCE AND CANCELLATION

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Mayborn USA, Inc., and you will not take place unless and until you have received your order confirmation email. 

OUR PRODUCTS

The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

The packaging of the product may vary from that shown in images on our website.

PRICES AND PAYMENT TERMS

All prices are in USD. All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept payment with Mastercard, Visa, American Express and PayPal®.

You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

SHIPPING

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process (including any state imposed taxes on postal costs).

Orders placed on this Website can only be delivered in the contiguous United States. We cannot deliver enhanced postal options to the following States: Hawaii and Alaska or Puerto Rico.

For orders to the United Kingdom, please visit our dedicated Website: www.tommeetippee.com/en-gb.

Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

RETURNS AND REFUNDS

Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition.

To return products, you must follow the five steps below:

Step 1 - Login to the "My Account" area of tommeetippee.com/en-us and select the order number (this can be found on your delivery note) and then choose the returns option and follow the process. 

If you have checked out as a guest, then please select this link and follow the steps above.

Step 2 - You will be issued with an email with a return order slip and a pre-paid return shipping label attached. Print out both. 

Step 3 - Place all items you wish to return with the return order slip in the parcel and seal.

Step 4 - Attach the returns label to the outside of the parcel. Make sure any other carrier labels are struck through with a marker pen. 

Step 5 - Your parcel is ready to return. You can take the parcel to:

·         any FedEx Office® location;

·         a participating FedEx location a selected pharmacy and grocery stores and more;

·         a FedEx approved drop box - Dropoff FedEx Express®, FedEx Ground® and FedEx SmartPost®

OR you can request a FedEx pick-up by creating an account with FedEx and following their instructions.

We will acknowledge receipt of your Return within 5 business days of receipt by us of the items.

You are responsible for all shipping and handling charges and taxes (if any) on returned items. You bear the risk of loss during shipment.

Refunds are processed within approximately 14 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website, unless we have agreed otherwise.

LIMITED WARRANTY

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.  WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

WHO MAY USE THIS WARRANTY?

This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product.

WHAT DOES THIS WARRANTY COVER?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Website.

WHAT DOES THIS WARRANTY NOT COVER?

This limited warranty does not cover any damages due to:

·         transportation;

·         storage;

·         improper use;

·         failure to follow the product instructions or to perform any preventive maintenance;

·          modifications;

·         combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Mayborn USA, Inc.,;

·         unauthorized repair;

·         normal wear and tear; or

·         external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

WHAT IS THE PERIOD OF COVERAGE?

This limited warranty starts on the date of your purchase and lasts for six months the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. 

HOW DO YOU OBTAIN WARRANTY SERVICE?

To obtain warranty service, you must call 1-877-248-6922 for our Customer Service Department during the Warranty Period to obtain a return address and return number and you must cover shipping charges for all returns.

LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

PRIVACY

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Website.

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

DISPUTE RESOLUTION AND BINDING ARBITRATION

YOU AND MAYBORN USA, INC., ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this clause. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

OTHER IMPORTANT TERMS

You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mayborn USA, Inc.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms, you must contact us as follows: by overnight courier or registered or certified mail to Mayborn USA, Inc., at 1010 Washington Boulevard, 11th Floor, Stamford, Connecticut 06901, USA. We may update the email or address for notices to us by posting a notice on the Website. Notices provided by registered or certified mail will be effective three business days after they are sent.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Our order confirmation, these Terms, the license agreement relating to any product you obtain on or through this Website, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.