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Terms Of Service (ToS)

Terms Of Service (ToS)

Introduction

By visiting and/or using the www.maternitymiraclesshop.com website and its associated services and functions (“Website”) you agree to be bound by (“agreement”). If you do not agree to any provisions of this agreement, you must not use the Website. We reserve the right to make changes to this agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering products, to acquaint yourself with the current versions of those documents.

Registration

In order to make purchases and access some features of the Website, you may need to be a registered member. You may not use another member’s account without their permission.

When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you agree to notify us immediately.

If and to the extent we consider necessary, including if you make or seek to make purchases of a high value, you authorize us to perform credit checks, to transmit or obtain information about you from third parties, including credit providers, to authenticate your identity and/or to authorize individual transactions.

Orders

The promotion and listing of a product on the Website does not constitute an offer to sell or guarantee the availability of products. It is an invitation to treat only. Orders placed by you are offers to purchase under the terms and conditions in this agreement and our other terms and conditions at the price specified (including delivery and other charges). We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.

You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. Once your order has been accepted, you will receive an order confirmation via email. Please check this confirmation carefully.

Payment must be effected in the manner described on the Website and must be received in full prior to dispatch of product by us. Title in the goods does not pass to you until payment has been received. There may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.

If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your
payment details before dispatching products. Risk of loss or damage to the goods passes to you upon dispatch.

High Risk Orders

Thank you for your purchase with Maternity Miracles. Please be aware that if your order is classified as high risk by our Merchant Processor, our Risk Team will need to verify your order details before it is dispatched from our warehouse. Please kindly note that your order will not be shipped out until confirmation is received. To ensure there are no delays, please check your email and phone messages regularly for any correspondence from us.

Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Coupons, vouchers and gift certificates

If available you may purchase gift vouchers for yourself or for a third party. We may also send promotional vouchers from time to time. Gift and promotional vouchers may be emailed by us and it is your responsibility to ensure that you have provided the correct email address, whether it be for you or for a gift recipient. We do not accept responsibility for loss or failure of transmission due to your provision of incorrect email addresses.

Promotional coupons, vouchers and gift certificates may be used as payment for products listed on the Website. Gift vouchers and promotional coupons may be allocated an expiry date, after which time they will be unable to be redeemed.

You may purchase a product using partly voucher, coupon or gift certificate credits and the balance of the purchase price using other accepted payment methods if there are insufficient credits to cover the cost of your order.

If we reasonably believe that fraud or deception or other suspicious activity occurs in connection with the actual or attempted transfer or redemption of vouchers or coupon, we may prevent you from accessing your account, require alternative means of payment or take such other action as we deem appropriate.

Price and Fees

Prices are current at time of display but are subject to change. Pricing information including tax, duty and shipping charges, which are calculated for your shipping destination, is available on the Website and will be displayed on the order summary page.

Import Taxes and Duties

Please note that we are not liable for any import taxes, customs duties, or fees that may be imposed upon delivery in your country. These charges are the responsibility of the buyer and vary depending on local regulations. We recommend checking with your local customs office for more information on potential fees before making a purchase.

Delivery

Delivery times will depend on the products ordered and the delivery location. These will be calculated and you will be advised of their amount before you finalize and submit your order. You understand that we will use our best endeavors to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.

While we insure each purchase during the time it is in transit from us to your delivery address, to the extent permissible and except as set out hereunder, we disclaim liability for loss, damage or theft of items once they are dispatched by us. We suggest that you insure your items. We also strongly recommend that you have your products shipped to a business address. We do not allow personal pick up of products.

Returns, exchanges, damaged or faulty goods

Products purchased at a discounted or sale price can only be returned if defective or if otherwise required by law.

To arrange a return, please email [email protected] You must not attempt to return any products before having first arranged a return with us. Where we accept such returns, you agree to follow any directions regarding postage and packaging in relation to the item in question.

Where your product arrives damaged through delivery, please notify us immediately. We may require you to provide us with photographs of the damage for our further assessment. We will liaise with you to discuss the return process for damage that we believe was caused during delivery.

Where you claim a product is defective, unless the law requires us to do otherwise in the circumstances, we will at our election arrange a replacement, give you a store credit for the purchase price or give you a refund, provided that you notify us at [email protected] of a defective product within 30 days of purchase.

We will be under no obligation to replace products or provide a refund where the product has become of unacceptable quality due to circumstances such as misuse, failure to use in accordance with reasonable instructions, using the product in an abnormal way or failing to reasonably care for the products.

Intellectual property

“Maternity Miracles”, including any logo version of that trademark, is our trademark or used exclusively under license and may not be used by you without our prior written consent.

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website. If you provide us with any material or content (which may include text, data, files, images, photographs and audio/visual material) (“User Content”) for inclusion on the Website or for inclusion in or reproduction on any product, you grant us a royalty-free license to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights.

Legal Capacity

By making an on-line purchase or setting up an account you accept these terms and conditions and acknowledge that:

  • you are entering into a legal contract with us; and
  • If you are a company, you are authorized to bind the company to the terms of this agreement.

Disclaimer

We do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

Errors, mistakes or inaccuracies on the Website:

You acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website; Personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website; Any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers; Any interruption or cessation of transmission to or from our Website; Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
Failures or deficiencies in relation to the merchantability or fitness for any purpose of any product appearing on any linked sites not operated by us or our related entities.

Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorized web addresses.

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

Use of Website by you

You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation. You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related
features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein. You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Transfer and Assignment

In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

Force majeure

We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

Waiver

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

Compliance with Safety Standards

Maternity Miracles is a global distributor specializing in high-quality travel systems often packaged with stroller seats that also function as car seats. We are committed to providing our customers with reliable products that meet various international safety standards. However, due to the diverse regulations governing car seat standards across different countries and even within different states of the same country, it is crucial for our customers to be aware of and comply with their local requirements.

Car seat safety standards differ significantly across jurisdictions. For example, car seats in Australia must comply with the Australian/New Zealand Standard AS/NZS 1754, while European Union countries adhere to ECE R44/04 or ECE R129 (i-Size) standards. Similarly, the United States follows FMVSS 213 standards. These standards ensure that car seats meet specific safety, design, and performance criteria to protect children during transportation.

Customers must be aware that using our stroller seats as car seats when they do not meet their local mandatory standards can have serious legal and insurance consequences. In many jurisdictions, non-compliant car seats may not only be illegal but also affect the validity of insurance claims in the event of an accident.

By purchasing our products, customers confirm they have conducted due diligence and assessed the relevant safety standards applicable to the car seats they intend to use. Customers agree to the following:

1. Due Diligence: Customers acknowledge that they have researched and understood the mandatory safety standards for car seats applicable in their jurisdiction.

2. Compliance Verification: It is the customer's responsibility to ensure that the stroller seat they purchase from Maternity Miracles complies with the local safety regulations and standards where they reside when intending to use the stroller seat as a car seat.

3. Indemnification: Customers agree to indemnify Maternity Miracles against any liability, legal or otherwise, arising from the misuse of our products. This includes any consequences resulting from the misuse of stroller seats that do not meet the mandatory standards for car seats in the customer's location.

Maternity Miracles will not be held responsible for any illegal, negligent, or mistaken use of our products. Customers are solely responsible for ensuring that the products they use comply with all applicable laws and safety standards in their respective jurisdictions.

By purchasing from Maternity Miracles, customers agree to this policy and accept full responsibility for compliance with local laws and regulations. Customers understand that failure to comply with these standards can lead to legal and insurance repercussions, for which they will hold Maternity Miracles harmless.

By purchasing our products, you acknowledge that you have read, understood, and agree to this policy.

 Questions about the Terms of Service should be sent to us at: 

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