Terms & Conditions

TERMS OF USE

Last Updated on 5th April 2021

Please read these terms and conditions carefully.

Mom Store General Trading LLC, doing business as Mom Store, and its affiliates and subsidiaries (collectively “Mom Store” “we”, “us" or "our") owns and operates the Internet e-commerce website at www.momstore.com (or any successor site) and its related sub-domains, sites, online applications, services and tools (“Platform”). The Platform is provided as a service to you (“you”, “your” or "users") and is intended to allow you and other users to browse and order products and other goods or services (“Products") offered for sale on the Platform.

These terms and conditions, Terms of Sale, Privacy Notice and Cookie Policy (“Terms”) set out the basis upon which you can access and use the Platform and place orders for Products. The Terms apply regardless of how you access the Platform, including any technologies or devices by which Mom Store makes the Platform available to you.

In addition to our Terms, you may also find it helpful to visit the Help Section of the Platform. Here you will find useful information on such things as our cancellation, delivery, returns and refund policy, (as well as helpful information relevant to other questions you may have).

If you cannot find an answer to your query, then please feel free to contact us at the email address specified in the Contact section below.

1. TERMS

   1. By accessing, browsing, using, registering with, or placing an order on the Platform, you confirm that you have read, understood and agree to these Terms. If you do not agree with the Terms in their entirety, please do not to use this Platform
   2. Mom Store may amend these Terms at any time by posting an updated version. Mom Store encourages you to check the Terms regularly for any amendments to it. Your continued use of the Platform will constitute your express consent to these Terms. The “Last Updated” legend above indicates when these Terms were last changed.
   3. Additional terms and conditions apply to purchases of Products and to specific portions or features of the Platform, including our Terms of Sale, all of which terms are made a part of these Terms. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to agree such terms and conditions.
   4. Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.

2. ACCOUNTS

   1. You do not have to register to explore the Platform or to purchase Products through it, but registering and creating an Account with us will allow you to access some Products and features on our Platform. When you register you consent to providing us information about yourself. Please see our Privacy Policy to see how your Personal Information will be used and stored.
   2. To open an Account, you must be at least 21 years of age and are required to provide true, accurate, complete and current information (including Name, Date of Birth, Email Address, Credit Card details, and other details) as requested during the Account creation. If you are below 21 years of age, you may not register an Account and instead you can consider asking a parent or guardian to register his or her own Account on the Platform.
   3. By registering yourself on the Platform, you warrant that the details you provide to Mom Store are correct and complete and you agree that you will inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the “My Account” area of the Platform. You authorise us to use any information provided to us in registering to verify your information (including any updated information). Your application for registration must otherwise be acceptable to us in our own absolute discretion.
   4. You are responsible for maintaining the confidentiality of your Account user name and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your Account. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform Mom Store immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner. Mom Store will never request your Account user name or password through electronic messages.
   5. You will not be charged by Mom Store for registering an Account or browsing the Platform. You will only be responsible for making payment for any purchases through the Platform (including any tax on the purchase price, if any).
   6. Mom Store reserves the right to refuse access to the Platform, terminate Accounts, remove or edit content, or cancel orders at our discretion. If Mom Store cancels an order, it will be without charge to you.

3. PRIVACY POLICY

   1. The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of these Terms.

4. YOUR USE OF THE PLATFORM

   1. You may only use the Platform for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
   2. You may not copy, modify, distribute, sell, or lease any part of the Platform. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for that purpose (for example, you may not “scrape” the Platform through automated means or “frame” any part of the Platform), and you may not interfere or attempt to disrupt the Platform.
   3. You may have the option of accessing the Platform through a downloadable software and this software may update itself automatically on your device. Some software or portions of the software, in the Platform may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control, but only with respect to the software, or portion of the software, to which it applies.
   4. Except where otherwise specified on this Platform, the materials on this Platform are displayed solely for the purposes of promoting Products available in the UAE. However, Mom Store may accept orders for delivery to locations outside of the UAE subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Platform from locations outside the UAE or place orders for delivery to locations outside the UAE are responsible for compliance with local laws, if and to the extent local laws are applicable (and any related costs and/or expenses).
   5. You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
   6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to the Platform or to us.
   7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on Platform or with any other person’s use of the Platform.
   8. We reserve the right to restrict or terminate your access to, or use of, the Platform or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law.

5. MATERIALS AVAILABLE ON WEBSITE

   1. We and our suppliers and/or licensors may make available various merchandise information, product descriptions, reviews, and other information, data, content, and materials on the website (“Materials”). The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance of any Materials, you should confirm any facts that are important to your decision. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Platform, we would appreciate it if you let us know by contacting us at [Contact Us or 800 -Moms].
   2. If you have any concerns or questions about your health or the health of a dependent family member, please seek and rely on the advice of an appropriately qualified health-care professional. The information related to health, fitness and wellness contained in or made available through our Platform (including but not limited to information contained on videos, blogs, comments, in emails, in text files, or in chats) is designed for informational purposes only. You should not rely on such information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Platform. Nothing stated or posted on the Platform is intended to be, and must not be taken to be, the practice of medicine or counselling care (including psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counselling or providing health care treatment, diagnosis, prognosis or advice). Developments in medical research may impact the health, fitness and nutritional topics discussed on the Platform and no assurance can be given that the information contained in the Platform will always include the most recent findings or developments with respect to the particular material. Your access or use of the Platform does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers and/or licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Platform. If you rely on any of the information provided on the Platform, you do so solely at your own risk.

6. USER CONDUCT AND USER GENERATED CONTENT

   1. You agree that you will not use, sell or supply any Product purchased from Mom Store in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
   2. The Platform may at times provide opportunities for users to submit comments or questions, or other information (“Generated Content”) on it. You warrant that any such User Generated Content submitted by you to the Platform is original (and does not infringe the copyright of others), and you hereby grant Mom Store a perpetual, irrevocable, non-exclusive, royalty-free licence to use such User Generated Content so submitted for any purpose without restriction. You waive any moral rights in such User Generated Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law. Mom Store has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content, and takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party.

7. CHANGE OF WEBSITE AND CESSATION OF OPERATIONS

   1. We reserve the right to change or correct any errors or omissions on the Platform, and to alter, limit or discontinue the provision of any of the services provided through the Platform at any time without prior notice to you.

8. LINKS

   1. The Platform may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Mom Store does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies of all third party websites you visit to understand their procedures.
   2. If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Mom Store does not endorse and is not responsible for the use of, or the content of, any third party websites. Mom Store is not responsible for anything that may happen when you use them.
   3. Neither you nor any third party acting on your behalf may link to any page of this Platform.
   4. You or third parties acting on your behalf may not (i) use our or our licensors proprietary marks and logos as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Platform, without our prior written consent.

9. INTELLECTUAL PROPERTY

   1. Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
   2. We, together with our suppliers and/or licensors expressly reserve all intellectual property rights in all programs, products, processes, technology, content (that is graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Platform or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission.

10. DISCLAIMER OF WARRANTY

    1. The Platform is provided on an “as is” and “as available” basis. Mom Store, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights.

11. LIMITATION OF LIABILITY

    1. To the maximum extent permissible by applicable law, Mom Store, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
       

       (a).are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Mom Store is advised of the possibility of such damages; and

       (b).exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform.

    2. Where it is not possible to exclude liability under applicable law, you agree that the Mom Store’s maximum liability for any corresponding claim shall be limited to an amount of AED 100.

12. INDEMNITY

    1. You agree to hold harmless and indemnify Mom Store, its parents, subsidiaries, affiliates, and their respective suppliers (including, without limitation, Authorised Suppliers), and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Platform.

13. ENTIRE UNDERSTANDING

    1. These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Platform (including any amendments made from time to time as contemplated by these Terms) sets out the entire understanding and agreement between you and Mom Store with respect to the use of the Platform.

14. TERMINATION

    1. If we believe that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of Mom Store or any third party, we may terminate or suspend your access to all or part of the Platform, without Court order and without prior notice. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights.

15. ELECTRONIC COMMUNICATIONS

    1. To fulfil our obligations to you under these Terms, we may wish to communicate with you by email. Other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications which need to be in writing.

16. GENERAL TERMS

    1. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
    2. No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
    3. Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

17. GOVERNING LAW, JURISDICTION AND LANGAUGE

    1. The Terms shall be governed by the laws of the Dubai International Financial Center (“DIFC”). Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai. All contracts for the purchase and sale of Products from the Platform shall be concluded in the language of these Terms.
    2. These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.

18. CONTACT

    1. Mom Store General Trading LLC, Commercial License No. 914028 and having its principal place of business at Dubai, United Arab Emirates. You can contact us regarding the Platform, or these Terms, on [care@momstore.com] and telephone number 800- Moms (800-6667).

19. TERMS APPLICABLE TO SPECIAL MOM STORE SERVICES

    iOS Mom Store App

    1. In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the Mom Store App compatible with the iOS operating system of Apple Inc.(“Apple”).
    2. Apple is not a party to these Terms and does not own and is not responsible for any Mom Store App. Apple is not providing any warranty for the iOS Mom Store App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the iOS Mom Store App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Mom Store App, including any third-party product liability claims, claims that the iOS Mom Store App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the iOS Mom Store App, including those pertaining to intellectual property rights, must be directed to Mom Store.
    3. The right you have been granted in these Terms is limited to a non-transferable licence to use the Mom Store App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the “Usage Rules” set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mom Store App, such as your wireless data service agreement.

    Android Mom Store App

    4. Mom Store, and not Google Inc (“Google”), is solely responsible for the Android Mom Store App. Google has no obligation to provide maintenance and support for the Android Mom Store App.
    5. Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by your or any third party for allegations relating to the Android Mom Store App, or your possession and/or use of the Android Mom Store App, including but not limited to: (a) product liability; (b) any failure of the Android Mom Store App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights.
    6. You as user of the Android Mom Store App represent and warrant that: (a) the Android Mom Store App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties.
    7. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Android Mom Store App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Android Mom Store App to conform to any warranty. Google shall not be required to provide a refund to you under any circumstances.

TERMS OF SALE

Last Updated on 5th April 2021

Mom Store General Trading LLC, doing business as Mom Store, and its affiliates and subsidiaries (collectively “Mom Store”; “momstore.com” “we”, “us” or “our”) owns and operates the Internet e-commerce website at www.momstore.com (or any successor site) and its related sub-domains, sites, online applications, services and tools (“Platform”). The Platform is provided as a service to you (“you”, “your” or “users”) and is intended to allow you and other users to browse and order products and other goods or services (“Products”) offered for sale on the Platform.

These provisions apply to purchases of products on the Platform for delivery in UAE only.

Please read the following terms of sale ("Terms of Sale") carefully before purchasing any Products on the Platform. By purchasing any Products using the Platform, you agree to be bound by these Terms of Sale.

Additional terms and conditions as set out in the policies referred to in these Terms of Sale (“Policies”) may apply to purchases of Products, all of which terms are made a part of these Terms of Sale. If there is any inconsistency between the Policies and the Terms of Sale, then the order of precedence shall be: (a) the provisions of these Terms of Sale; and then (b) the Policies.

1. PLACING AN ORDER

   1. To place an order, you can open an account with us (“Account”) which will require you to provide some compulsory Personal Information. By creating an Account, you can store information for easier and faster checkout, maintain an address book, review your order history and edit billing or delivery information. Shopping will be easier and your entire experience with us will become customised over time. Please see our Terms of Use regarding opening an Account.
   2. Alternatively, you can choose to place your order via the guest checkout. When you order through the Platform via our guest checkout you will still need to provide us with certain compulsory Personal Information in order for us to process your order. However, you can choose to register an Account with us after submitting your order. Please see our Privacy Policy to see how your Personal Information will be used and stored.
   3. To open an Account, you must be at least 21 years of age and you must provide true, accurate, complete and current information (including Name, Date of Birth, Email Address, Credit Card details, and other details) as requested during the Account creation. If you are below 21 years of age, you may not open an Account and instead you can consider asking a parent or guardian to register his or her own Account on the Platform.
   4. By placing an order through the Platform you warrant that you are at least twenty-one (21) years old and that you are capable of entering into legally binding contracts.

2. PRODUCTS

   1. The Platform may make available listings, descriptions, and images of Products. Such Products are made available by us or our suppliers. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Platform). Such information and the availability of any Products are subject to change at any time without notice.
   2. We have made efforts to accurately display the attributes of Products, including the applicable colours. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect actual product colour or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
   3. Some Products we sell are for children’s use; however, these Products are intended for sale to adults only.
   4. We are not responsible for and cannot guarantee the performance of Products provided by third parties, including any supplier, our advertisers, or other third parties to whose sites we link. We do our best to ensure that information provided on the Platform is accurate, but we do not warrant that it is accurate, complete, reliable, current, and/or error-free. For Products, you should not rely solely on the information presented on the Platform, and you should read labels, warnings and directions provided with the Products.

3. PRICES

   1. All prices shown on the Platform are in AED and inclusive of Value Added Tax (“VAT”) at the applicable rate. If your chosen payment method is not denominated in AED, the final price of any products you purchase will be calculated in accordance with the exchange rate on the date your payment provider processes your payment.
   2. Prices listed do not include delivery or assembly fees (if an assembly service is available). Delivery and assembly fees will be added to the total price of your order. You will be shown the charges for delivery and assembly before we ask you to confirm your order.
   3. Delivery fees will be calculated in accordance with our Shipping & Delivery Policy depending on your location, measurements, weight, size, nature and the value of the Product you have ordered. For more information concerning delivery fees please refer to our Shipping & Delivery Policy.
   4. Prices are subject to change without notice. Prices may change at any time due to markdowns or price changes advised by the suppliers. These price changes can reflect at any time throughout the day and may result in the price of a Product increasing or decreasing. Pricing or availability errors may occur on the Platform. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

4. PROMOTIONAL CODES

   1. From time to time we may offer certain promotions for eligible purchases or eligible customers. Please ensure that you read the terms of the promotion and enter any applicable Promotional Code on the payment page. If your Promotional Code qualifies, your deduction will be displayed in the payment summary. Only one Promotional Code per order will be accepted. Please note that we reserve the right to cancel orders in the event that an unauthorised Promotional Code is used. A Promotional Code cannot be applied retrospectively to orders that have already been placed.
   2. Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

5. GIFT CARDS

   1. The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to our Gift Card Policy.
   2. When you choose to use our services to send a Gift Card to anyone, you represent that you have their consent to provide us their name, email address and/or mobile number. We will automatically send the receiver of Gift Card an email or mobile SMS informing them of the received Gift Card. Unless we are authorized by your friend, we will only use the receiver’s name, email address and/or mobile number for the purposes of sending this email and reminder emails for using the Gift Cards and maintaining an activity log of it.

6. ORDERS AND PAYMENT

   1. Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase Products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch the Products that you ordered from us. Prior to the dispatch of the Products, we have the right to decline an order for any reason, including legal and regulatory reasons.
   2. The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the Products.
   3. If we cannot supply you with the Products you ordered, we will not process your order, we will inform you of this in writing (including email or other electronic messaging) and, if you have already paid for the Products, refund you in full as soon as reasonably possible.
   4. During the checkout process, you will be asked to enter your payment details. We offer customers various payment methods including cash on delivery, credit card and debit card in accordance with our Payment Policy.
   5. Where you pay by credit card, you agree, understand represent and warrant that the credit card details provided by you are correct, accurate and current and that you are lawfully authorized to provide us the details and use such credit card to make purchases on the Platform. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
   6. For your convenience, your credit or debit card information can be stored in your Account. For more information, see our Payment Policy. For added security, the billing address you provide must exactly match the address on file at your debit or credit card. The processing of your order may be delayed if these addresses are different.
   7. We may request a pre-authorisation for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
   8. While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
      

      (a).lack of authorization for any transaction/s;

      (b).exceeding the pre-set limit mutually agreed by you and between your "Bank/s",

      (c).any payment issues arising out of the transaction; or

      (d).decline of transaction for any other reason/s.

   9. All payments made against the purchases/services on website by you shall be compulsorily in AED. The Platform does not accept any other form of currency with respect to the purchases.
   10. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
   11. Whilst your payment is being authorized, look out for https// in the address line of the page you are directed to. This indicates that your data is being transferred using Secure Socket Layer (SSL) protection. We use industry standard data encryption to make sure no unauthorized parties can access your payment details. We have also introduced secure code services for customers using Visa and Mastercard to shop on website.
   12. The Products are not intended for reselling. We reserve the right, at our sole discretion, to prohibit sales to resellers. For the purposes of these Terms of Sale, “reselling” will be defined as purchasing or intending to purchase any Products from Mom Store for the purpose of engaging in a commercial sale of the same Products to a third party.
   13. By confirming your purchase at the end of the checkout process, you agree to accept and pay the full amount payable for the Products as well as all shipping and handling charges, assembly charges (where assembly is offered and ordered) and applicable taxes. Full payment is required before an order can be dispatched to you. In the event that the sum due from you for your order cannot be debited or charged for whatever reason, your order will be cancelled. The only exception is if you have opted to pay cash on delivery in accordance with the Payment Policy.
   14. We provide you with access to the Platform on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind that access to the Platform will be uninterrupted or error-free. Where any errors in transmission result in the interruption of your purchase, you agree to cooperate with us to resolve such issues, and you agree that us shall have full discretion to determine the appropriate resolution in such cases.
   15. Please note that Mom Store does not guarantee the security of data that you send to Mom Store by email or other form of electronic messaging. Accordingly, please do not send to Mom Store any payment information using email or electronic messaging. Only uses the payment gateway on our Platform. Unless Mom Store acts either fraudulently or negligently, Mom Store will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us when placing an order.
   16. Title to the Products will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your order passes to you on delivery to the address detailed in the order.
   17. In case of fraudulent activities in relation to use of our Platform, we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent activities relating to use of the Platform and any other unlawful acts or omissions in breach of these Terms. We will prosecute any fraudulent activities relating to any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.
   18. Suspicious customers or customers with fraudulent history are required to be blacklisted in the payment gateway admin portal using their email ID, card number or IP address.
   19. “Phishing” refers to the practice of fraudulently contacting people and asking them to provide confidential information, such as bank details, home address and date of birth. From time to time, we may contact our customers asking them to confirm personal details relevant to their order, such as shipping address or telephone number. If you are in any doubt about whether an email or other electronic message you have received is in fact from us, please contact our Customer Service Team at 800-Moms (800-6667) before replying, so we can confirm that the email or electronic message was in fact sent by us.

7. SHIPPING AND DELIVERY

   1. We will only deliver Products to addresses within the UAE. Orders that are placed for delivery to addresses outside the UAE will be automatically rejected during the order process.
   2. Delivery charges and timescales vary depending on the type of Products ordered, the service you select and the delivery address. For further details of our delivery service please see our Shipping & Delivery Policy.
   3. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained in our Shipping & Delivery Policy. All deliveries are made pursuant to a shipping contract with our courier partner, and, as a result, for products once they have been dispatched and are in the possession of the carrier.
   4. We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.

8. CANCELLATIONS

   1. If you wish to cancel your order, please see our Cancellation Policy. As Mom Store tries to process orders immediately it may not always be possible to prevent an order from being dispatched.
   2. Please note that once Mom Store has dispatched the Product to you (that is the Product is out for delivery with our courier service partner), you will not be able to cancel your order. If Mom Store receives notice of your cancellation of a Products before dispatch, Mom Store will cancel the order and refund the relevant part of the purchase price of that Products in accordance with our Refunds Policy and Clause 10 (Refunds) of these Terms of Sale.

9. RETURNS

   1. In addition to your statutory rights, including statutory rights relating to faulty or mis-described goods, we also operate a “goodwill” Returns Policy If for any reason you are not satisfied with any Product purchased via the Platform, you may return them to us within 14 days of your receipt of such Products for a refund, provided they are returned in accordance with these criteria detailed in our Returns Policy. Mom Store reserves the right to refuse to provide a refund for any Products in the circumstances described in our Refunds Policy and Clause 10 (Refunds) of these Terms of Sale.

10. REFUNDS

    1. For delivered Products, we will refund to you the Products price amount (excluding the amount paid for the original shipping fees) in full plus the cost of return, if applicable, where:
       

       (a).If the Products are faulty or not as described on our Platform;

       (b).If your reason for return is due to an error on our side, such as an error in pricing or description; or

       (c).Where we are otherwise required to provide a refund under applicable law.

    2. In all other circumstances, we will refund the Product price amount (excluding the amount paid for the original shipping fees and excluding any bank, financial institutions charges or applicable third-party charges).
    3. For Products not delivered, you will receive a full refund (excluding any bank, financial institutions charges or applicable third-party charges).
    4. Orders can be cancelled before under our Cancellation Terms without any charges (except any bank, financial institution, or third-party charges).
    5. We will not refund any delivery and assembly costs you have paid in case you requested to return goods already delivered to your home/place of delivery. As a general policy we will not accept any refund request for Products which fall under the installation category, however based on our evaluation of item condition and our sole discretion, we may refund the product value.
    6. We issue the refund to the payment method that you chose when you made your order (except Gift Card and Cash On Delivery (“COD”)), as follows:
       • If you paid by COD and you return your entire order and not part of your order, we would issue a refund to your Account on the Platform, which must be used within a maximum period of 6 months from the date of refund to your Account, else it will expire. If you do not have an Account with us, we will issue you a store credit by way of a return voucher/coupon (“Return Voucher”) with a validity of 6 months from the date of issuance. The Return Voucher will be sent to you by email. If you return only part of your order, your COD charges will not be refunded; or
       • If you paid by Gift Card, we will issue a refund to your Account on the Platform, which must be used within a maximum period of 6 months from the date of refund to your Account, else it will expire, if you do not have an Account with us, we will issue you Return Voucher with a validity of 6 months from the date of issuance; or
       • If you paid partly by credit or debit card and partly by Gift Card, we will issue you Return Voucher with a maximum validity of 6 months from the date of issuance for the same value you used the Gift Card for during the order, and rest of the payment will be refunded to your credit or debit card.
       • Any Return Voucher issued by us will be sent to you by email.
    7. Refunds will usually be processed in 2 - 3 weeks from the date of our receipt of the returned product or receipt of your cancellation request (as applicable). For returns your refund will be initiated once your Products are received by us and inspected and approved by our team in accordance with our Returns Policy. The final refund will be received by you (excluding deductions if any and all applicable charges and fees (such as shipping, handling fees, banks, financial institutions, any other third party charges) as follows:
       • If the refund is to a credit or debit card all correctly returned Products will be refunded to the original purchaser as credit to the relevant credit or debit card or bank account used for the transaction after deducting the applicable bank charges (if any).
       • If your refund is to Account on the Platform, you will receive the refund immediately after your Products are received back by us and inspected and approved by our team in accordance with our Returns Policy; or
       • If you have cancelled your order before dispatch under our Cancellation Terms, an automated refund will be provided back to you to the payment method chosen by you (your unpaid COD charges will not be refunded).
       • If you think that we have provided you with an incorrect refund, please contact us immediately on 800 – Moms.
    8. All the terms and conditions stated in this Clause 10 (Refunds) above are subject to the following:
    9. Returns need to comply with our Returns Policy.
    10. If the refund is to a Credit or Debit Card, all correctly returned products will be refunded to the original purchaser as credit to the relevant Credit or Debit Card or bank account used for the transaction after deducting the applicable bank charges (if any).
    11. Please note credit or debit card refunds may take up additional time depending on your bank processing time. This can vary greatly between credit or debit card issuers, and we shall not be liable for any delays in refund by credit or debit card companies. We offer no guarantees whatsoever for the accuracy or timeliness of the refund reaching your credit or debit card /bank accounts. This delay can arise as a result of various events, including but not limited to the various intermediaries involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
    12. Nothing in this Clause 10 (Refunds) is intended to affect any consumer rights that you may have under UAE law.

11. LIMITATION OF LIABILITY

    1. Please note that nothing in these Terms of Sale affects your statutory rights as a consumer.
    2. Except any case in which it was illegal to exclude, limit or attempt to exclude or limit our liability, or where expressly provided otherwise in these Terms of Sale, our liability regarding any Products acquired on our Platform shall be limited strictly to the price of purchase of said Products.
    3. Neither Mom Store nor any of its affiliates will be liable to you for any indirect or consequential loss or damage incurred by you under these Terms of Sale in connection with your purchase of any Products through the Platform. We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including without limitation, act of God, explosion, flood, war and civil disturbance, strike, industrial action or stoppages of work, force majeure.
    4. You must follow any advice we or our suppliers give you to keep Products we supply to you safe (including any instructions or product manuals provided with the Products). We cannot accept liability for damage to Products we have supplied which is caused by your failure to follow this advice.
    5. Nothing in these Terms of Sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable law.

12. CUSTOMER ASSISTANCE

    1. If you have any questions, comments or complaints about the goods you have ordered, please contact us at:
       Customer Care Number: 800- Moms (800-6667)
       E-mail Address: care@momstore.com
       Registered Address: Momstore General Trading LLC, Al Qusias, Dubai, United Arab Emirates

TERMS OF WARRANTY

For certain Products (as defined in the Terms of Use) we offer a warranty in addition to your statutory rights and any manufacturer’s warranty. Where applicable the particular warranty period will be specified along with the description of the Product on the Product description page.

In addition to your rights at law, if your purchase appears to have a manufacturing defect during the warranty period, we will repair or replace the Products at our discretion.

You are requested to present the original receipt as proof of purchase when returning an item under warranty.

If your Product is repaired or replaced, the limited warranty will not be renewed.

Warranty does not cover for the following:

• Normal wear and tear or damage from misuse is not covered;
• Damages caused directly or indirectly to the Products after the delivery, improper assembling or usage;
• Coverage of damage related to climate conditions including heat, light, and humidity levels, such as fading, color change, stretching, or shrinking;
• Parts which have to be replaced on a regular basis or which have a short life cycle (e.g. batteries, bulbs or other consumables); and
• Faults caused by non- cautious treatment, poor maintenance by you or by a third party, abnormal use or a use of the Products contrary to the instructions of the manufacturer.

Disclaimer

We expressly disclaim any liability to you or other end users of our Products for special, incidental or consequential damages including damage to or loss of other property or equipment, or cost of other damages arising out of or in any way connected with the sale or use of our Products. Our maximum liability if any, for any damages hereunder is limited to the purchase price of the defective or non-conforming Products sold pursuant to your order. Any action arising hereunder must be brought within the applicable warranty period from the date of sale of the relevant Product. This disclaimer will apply to the maximum extent permitted by applicable law. You may have statutory rights and warranties at law. Nothing in these “Terms of Warranty” affects such rights.

Influencer Offer

1. The promotional code is only valid on orders placed on www.momstore.com and it is applicable on any product sold online, except products which are related to infant milk formula and Gift Cards.
2. The promotional code entitles you to 10% off on the final bill and the maximum discount value allowed is AED 100 per order.
3. The promotional code is non-refundable.
4. The promotional code cannot be exchanged for cash or store credit and cannot be partially redeemed.
5. The promotion code is not valid in conjunction with any other promotion.
6. Mom Store reserves the right to change or cancel the terms of this discount policy at any time without notice.
7. Mom Store does not accept any responsibility or liability for the loss, theft, damage of the promotional code and no replacement will be provided in these circumstances.
8. Mom Store reserves the right, without any reason, to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
9. Return and Refund is possible for qualifying products within 14 days from the date of purchase with original receipt. Products must be returned unused and in their original condition. For more information on exchange or refund, please inquire in-store or visit www.momstore.com
10. If case of any conflict in the provision of this discount policy and any other provision provided anywhere else, the provision of this discount policy shall prevail.

WELCOME10 Offer

1. The promotional code entitles you to 10% off your cart subtotal value.
2. To redeem the offer, register and sign-in and use the code WELCOME10 at checkout.
3. The code is applicable till 21st feb 2022.
4. The promotional code is non-refundable and non-transferable.
5. The promotional code cannot be exchanged for cash or store credit and cannot be partially redeemed.
6. The promotion code is not valid in conjunction with any other promotional codes.
7. Mom Store reserves the right, without any reason, to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
8. Mom Store reserves the right to change or cancel the terms of this discount policy at any time without notice.
9. Exchange or Refund is possible within 14 days from the date of purchase. Products must be returned unused and in its original condition. For more information on exchange or refund, please inquire in-store or visit www.momstore.com
10. If case of any conflict in provision of this discount policy and any other provision provided anywhere else, the provision of this discount policy shall prevail.

APP DOWNLOAD OFFER (APP20)

1. The promotional code entitles you to 20% off your cart value.
2. The promotional code is valid only on the Mom Store App.
3. The promotional code is not applicable on select brands like 4MOMS, Babybjorn, Babyzen, Besafe, Bugaboo, Childhome Citron, Cybex, Dockatot, Doomoo, Doona, Easywalker, Ergobaby, iCandy, Leclerc, Maxi cosi, Medela, Skip Hop, Sophie la giraffe.
4. The promotional code is non-refundable. redemptions allowed.
5. The promotional code cannot be exchanged for cash or store credit and cannot be partially redeemed.
6. The promotion code is not valid in conjunction with any other promotional codes.
7. Mom Store reserves the right to change or cancel the terms of this discount policy at any time without notice.
8. Mom Store reserves the right, without any reason, to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
9. Return and Refund is possible for qualifying products within 14 days from the date of purchase with original receipt. Products must be returned unused and in their original condition. For more information on exchange or refund, please inquire in-store or click here
10. If case of any conflict in the provision of this discount policy and any other provision provided anywhere else, the provision of this discount policy shall prevail.

Back-to-School Offer

1. The promotional code entitles you to AED 50 discount when you purchase products from the Back-to-School collection worth AED 250.
2. The promotional code is valid on orders placed on www.momstore.com, Mom Store iOS and android app.
3. The promotional code is non-refundable. Multiple redemptions allowed.
4. The promotional code cannot be exchanged for cash or store credit and cannot be partially redeemed.
5. The promotional code is valid until the 4 th September 2022.
6. The promotion code is not valid in conjunction with any other promotional codes.
7. Mom Store reserves the right to change or cancel the terms of this discount policy at any time without notice.
8. Mom Store reserves the right, without any reason, to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
9. Return and Refund is possible for qualifying products within 14 days from the date of purchase with original receipt. Products must be returned unused and in their original condition. For more information on exchange or refund, please inquire in-store or visit www.momstore.com
10. If case of any conflict in the provision of this discount policy and any other provision provided anywhere else, the provision of this discount policy shall prevail.