3 ELIGIBILITY TO PURCHASE
By agreeing to these TOS, you represent that you are at least the age of majority in your state or province or country of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use the Site if you breach the TOS, if your permission to use the Site has been suspended or terminated by MAMA KID, or if the TOS as they apply to you have been terminated.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card or PayPal account.
5 PRICING AND AVAILABILITY
Prices are shown on the site in Hong Kong Dollars (HKD). Prices displayed on the site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appearing on the site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
MAMA KID attempts to be as accurate as possible. However, MAMA KID does not warrant that product descriptions, prices, and details are accurate as errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. Product availability is not guaranteed. If a product is not available when you order processes we will notify you by email.
6 ACCEPTANCE OF OUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and MAMA KID will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Hong Kong and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We accept payments made by Visa, MasterCard, American Express, China Unionpay (CUP).
By placing an order using one of the above credit/debit card and online payment methods, you confirm that the credit/debit card(s) or PayPal account used is yours and that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to Mama Ltd., we will not be liable for any delay or non-delivery. For China Unionpay payments, payment will be debited immediately when the order is placed. For all other payments, payment will only be debited and cleared from your account once your order has been accepted and dispatched.
To help ensure that your shopping experience is safe, simple, and secure, MAMA KID takes reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
8 PROMOTION CODES
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
9 INSURANCE & DELIVERY
MAMA KID insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MAMA KID, and transfer of responsibility in the same way. Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. MAMA KID is not responsible for any delays caused by destination customs clearance processes.
10 RETURNS & EXCHANGES
You may return an item purchased from MAMA KID within 10 days of receiving your original order. If you wish to return an item, you must request your Returns Authorisation Number (RAN) and return your unwanted items within 10 days, for a refund of the value of the item only. We do not offer merchandise exchanges. Simply place a second order of the item you wish to exchange. Once we receive your return, we will process your refund. Please refer to our Returns & Exchanges policy for further information. Please note original shipping charges are non-refundable.
Please note that all undergarments, swimwear, headwear, leggings, hosiery, socks, accessories (jewelry, keychains, watches, umbrellas, sunglasses, hair accessories, brooches), books and prints (stickers, temporary tattoos, stationary), and toys (including plush) are a final sale. Unfortunately, no exchanges or returns will be accepted on these items. Sale/discounted items are a final sale and may not be returned or exchanged.
Items should be returned unworn, in perfect condition and with all MAMA KID and designer garment tags still attached. Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Where provided, any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return. All items returned should have a Return Authorisation Number (RAN) to allow easy identification and prompt processing. Unidentified returns may be returned to the sender. Shoes should be returned unmarked and in their original and undamaged packaging as this is considered part of the product. All shoes should be tried on a carpeted surface before wear. Faulty goods are faulty if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund. We have made every effort to display as accurately as possible the colors of our products that appear on MAMA KID. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
11 INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including MAMA KID Software and all HTML and other code contained in this Site, shall remain at all times vested in MAMA KID and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by MAMA KID and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. MAMAKID.COM tries to ensure that the information on this site is accurate and complete. MAMA KID does not warrant or represent that MAMA KID’s Content is accurate, error-free or reliable or that your use of MAMA KID’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. MAMA KID does not warrant that the functional aspects of the Web Site or MAMA KID’s Content will be error free or that this Web Site, MAMA KID Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or MAMA KID’s Content results in the need for servicing or replacing property, material, equipment or data, MAMA KID is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “MAMA KID IS” AND “MAMA KID AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. MAMAKID.COM and its suppliers make no warranties about MAMAKID.COM.COM Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. MAMAKID.COM reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that MAMAKID.COM is not liable to you or any third party for any such withdrawal.
13 NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14 GOVERNING LAW JURISDICTION
The T&C’S together with all our policies and procedures will be governed by and construed in accordance with the laws of Hong Kong SAR. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim.
Registered Limited Company: Mama Ltd
Business Registration Number: 51884186-001-03-15-5
Registered Address: 12/F, Wilson House, 19-27 Wyndham Street, Central, Hong Kong