Terms And Conditions
General Terms And Conditions
This website is operated by Colorfulmamas. Throughout the site, the terms “we”, “us”
and “our” refer to Colorfulmamas. Colorfulmamas offers this website, including all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes. Our store is hosted on WordPress Inc. They provide us with the online e commerce
platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province 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 our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to
return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials
from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address,
pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, charm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and
‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Colorfulmamas, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Colorfulmamas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of these Terms of Service
or the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
SECTION 15 – SEVER-ABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of
Dallas, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION
21 – ITEMS ON SALE
All discounts and sale items are on sale for a limited time only. The sale dates
will clearly be displayed on the product page. Codes may be used for these sales,
or may be automatically discounted as appropriate. Codes will expire as per listed.
WHOLESALE TERMS AND CONDITIONS
These conditions apply to all sales of goods by Colorfulmamas (“the Seller”) to any purchaser (“the Buyer”) and override the Buyer’s terms and conditions and any assumptions or common wholesale practice unless specifically agreed in writing by the Seller.
- SELLING
1.1 The Seller is only allowed to sell the goods to individual customers (as opposed to organisations) via the sales channel / premises which has been agreed at the time of the opening order. If subsequent premises are opened, approval from the Seller is required in advance. One-off fairs and markets do not require special approval.
2) TITLE & RISK
2.1 Full and complete title of the goods remains with the Seller until payment in full from the Buyer to the Seller. Until such payment the Buyer shall have possession of the goods as fiduciary agent for the Seller and must store goods in such a way as to enable them to be identified as the property of the Seller.
2.2 The Seller reserves the right to repossess any goods in respect of which payment is overdue and thereafter to resell those goods. For this purpose the Buyer hereby grants an irrevocable right and licence to the Seller’s servants and agents to enter its premises during normal business hours. This right shall continue to subsist notwithstanding the termination of the contract for any reason and is without prejudice to any accrued rights of the Seller thereunder or otherwise.
2.3 Risk in the goods shall pass on delivery – if goods are damaged while under the care of the Buyer but before the payment has been made, then the payment to the Seller is still due in full.
2 3. DELIVERY
3.1 Whilst every effort will be made to meet delivery dates mentioned in correspondence such dates are approximate only and not of any contractual effect. The Seller shall not incur any liability by reasons of failure to deliver on any particular date or dates.
3.2 Delivery shall be at the Buyer’s usual business premises unless otherwise stipulated or agreed by the Seller.
3.3 Any delivery discrepancy must be notified to the Seller in writing within 72 hours of the delivery. If no notification is made within 72 hours the Seller will be under no obligation or liability to make right alleged defaults.
3.4 Orders will be sent via a trackable delivery method, which will require a signature on arrival. Either the Buyer or their representative must be present to receive the goods. This agreement is between the Buyer and the Seller. Neither the Seller or the third party delivery company that has been contracted by the Seller to carry out the delivery will be held liable if the Buyer relies on a third party contractor to accept, receive and sign for the handover of goods without checking for defects of packaging, damaged items or shortage of goods. Nor can the Seller be responsible for any signature discrepancies if a third party has been instructed by the Buyer to take delivery of the goods.
3.5 Should the delivery be missed by the Buyer, it is the Buyer’s responsibility to contact the delivery company to re-arrange delivery at an appropriate time.
3.6 All import duties and taxes are not included in the price and the buyer is responsible for these
- PRICES
4.1 The prices payable for goods shall be those stated in the Seller’s Price List. Stated prices apply only to the stipulated quantities.,
4.2 Unless otherwise specified VAT and any other tax or duties payable by the Buyer shall be added to the price.
4.3 Delivery to mainland USA is free on orders over $69. Orders under this amount to mainland USA will be charged a standard rate of $4.99 All deliveries to non-mainland USA addresses are charged at cost and will be agreed with the Buyer before the goods are dispatched.
- TERMS OF PAYMENT
5.1 Opening orders are on a pro-forma basis, and will not be dispatched until payment has been made in full. Thereafter payment terms may be agreed between the parties but unless otherwise agreed by the Seller in writing, payment must be made within 30 days of the date of invoice by BACS.
5.2 Any extension of credit allowed to the Buyer may be changed or withdrawn by the Seller at any time.
5.3 The Seller reserves the right to charge interest on overdue accounts at the rate of 8% over Bank of England base rate to run from the due date for payment thereof until receipt by the Seller of the full amount or not after judgement.
- Invoices shall be paid in full without any deductions.
6) THIRD PARTY RIGHTS
6.1 No condition warranty or representation whether express or implied is given by the Seller that the goods will not infringe the rights of any third party when exported to or used or resold in any country outside the USA The Buyer shall be solely liable for establishing whether goods may lawfully be so exported, used or resold, and shall indemnify the Seller against any and all liabilities, claims, losses and costs arising by reason of any infringement or alleged infringement of third party rights by reason of any such export use or resale.
- LIABILITY
7.1 The Seller shall not be liable to the Buyer:
- i) for shortages in quantity delivered unless the Buyer notifies the Seller of any claim for short delivery within seventy-two hours of receipt of the goods,
- ii) for damage to or loss of the goods or any part thereof in transit (where the goods are carried by the Seller’s own transport or by a carrier on behalf of the Seller) unless the Buyer notifies the Seller of any such claim within seventy-two hours of receipt of the goods or fourteen days of the date of dispatch shown in the Seller’s advice notice, whichever shall be earlier,
iii) for defects in the goods caused by any act, neglect or default of the Buyer or of any third party.
7.2 Where the Seller is found to be liable under Clause 7.1 i) or ii) above the Seller’s sole obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate replace or repair any goods found to be damaged or defective and/or to refund to the Buyer the net price paid for the damaged, defective or undelivered goods. Goods which are the subject of a claim must be stored free of charge by the Buyer pending inspection by the Seller.
7.3 The Seller’s aggregate liability to the Buyer whether for negligence breach of contract misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods determined by net price invoiced to the Buyer in respect of any occurrence or series of occurrences. In no case will the Seller have any liability for indirect or consequential loss or loss of profit.
- GENERAL
7.1 Failure by the Seller to exercise or enforce any rights here-under shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
7.2 This contract may not be assigned by the Buyer without the prior written consent of the Seller.
7.3 Notices shall be deemed to have been duly given if sent by First Class post to the party concerned at its last known address. Notices sent by post shall be deemed to have been given three days after dispatch.
7.4 This contract shall be governed by and construed in all respects in accordance with the Laws of the USA and the parties agree to submit to the non-exclusive jurisdiction of the American Courts.