Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you ("Customer") accept and agree to these terms and conditions. A binding contract will only be formed upon Earth Mama Organics giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.
In these terms and conditions: Earth Mama Angel Baby®, LLC. is referred to as “Earth Mama Organics”. “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this website or an Earth Mama Organics telephone call center, and whose order for Products is accepted by Earth Mama Organics; “Contract” is the contract containing these terms and conditions, formed by Earth Mama Organics’ acceptance of your order, and credit card or other payment details; “Products” are the products listed as items for sale on Earth Mama Organics websites; “Services” are any services available from Earth Mama Organics through Earth Mama Organics websites, for example, delivery or packaging services; “Terms” are these terms and conditions of sale; “Earth Mama Organics websites” are the websites operated by or on behalf of Earth Mama Organics; and “day” refers to a calendar day.
- Application of Terms and Conditions
Customer's (your) purchase of Products, whether through an Earth Mama Organics website or a Earth Mama Organics telephone call center, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
A consumer is entitled to notify the seller that he withdraws from the sale, without penalty and without giving any reason within 30 days after the day of delivery. For further information on returns: See section 15 or phone Earth Mama Organics on the appropriate call center number listed on the web site.
- Changes to Terms and Earth Mama Organics websites
Earth Mama Organics may amend these Terms, including payment, guarantee and warranty terms, without notice. Also Earth Mama Organics reserves the right to modify the terms of separate Product guarantees, at any time. Earth Mama Organics may provide notices of changes to Earth Mama Organics websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant Earth Mama Organics website.
Frequent review of Earth Mama Organics websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected.
Although care is taken to ensure the accuracy of the information on Earth Mama Organics websites, they could include inaccuracies or typographical errors, including pricing errors. Earth Mama Organics shall not be obliged to honor, nor be liable in respect of, such errors. Earth Mama Organics and third party suppliers may make improvements and/or changes in Products, Prices and other details described in Earth Mama Organics websites, at any time. Changes are periodically made to update Earth Mama Organics websites.
- Product information and availability changes
Earth Mama Organics continually updates and revises Products. Earth Mama Organics may update, revise and/or discontinue Products and/or any peripheral products at any time. Earth Mama Organics may revise prices for Products listed as available items on Earth Mama Organics websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the Earth Mama Organics website displaying that price or the day on which Customer is informed of the price by Earth Mama Organics endeavors (through a telephone call center or otherwise). Earth Mama Organics displays current Products at https://earthmamaorganics.com and on local or country specific Earth Mama Organics websites, such as https://earthmamaorganics.com
Earth Mama Organics endeavors to maintain Product availability. However, Product availability constantly changes and different Products and Product groups may have different availabilities. All orders are subject to availability of the relevant Product(s). Earth Mama Organics reserves the right to prioritize orders and to allocate limited stock between orders as it deems fit.
Any weights and measurements stated on Earth Mama Organics websites are approximate,
The price of Products shall be Earth Mama Organics’ currently applicable price at the date and time of acceptance of the Customer’s order. This may be specified on Earth Mama Organics websites or at Product purchase “check-out”, but the definitive price shall be that which is notified to Customer by Earth Mama Organics on acceptance of the order by Earth Mama Organics. Any incorrect prices on Earth Mama Organics websites shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by Earth Mama Organics shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price.
Prices do not include shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable), as specified in the invoice issued by Earth Mama Organics after purchase of Products from Earth Mama Organics.
- Manner of Payment
Earth Mama Organics accepts payment by approved credit card or debit card. Earth Mama Organics does not accept other means of payment (e.g. check) without Earth Mama Organics’ prior agreement through its telephone call center or otherwise. Payment options may vary from country to country.
- Terms of Payment
Customer must tender payment (via an accepted credit card or other payment means accepted by Earth Mama Organics) on or before the delivery of Products unless otherwise agreed with Earth Mama Organics. Invoicing and payment collection by Earth Mama Organics may be effected through third parties.
For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant Earth Mama Organics website or to the telephone call center agent, when Customer orders Products. Earth Mama Organics will attempt to verify the validity of the credit card with the card’s issuer and may convey acceptance of the order (as set out below) to Customer if the credit card is accepted.
Earth Mama Organics will charge credit cards & debit cards on shipment, after a Contract has been concluded (i.e. after Earth Mama Organics has verified Product availability and accepted the Customer’s order and payment method).
- Order Acknowledgment, Order Acceptance, Contract formation
All orders for Products placed by you with Earth Mama Organics are subject to acceptance by Earth Mama Organics. Earth Mama Organics may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
Earth Mama Organics may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone). Such an acknowledgement of receipt may be automatically generated and shall not constitute an acceptance of the order. Earth Mama Organics websites through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input error before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
If an order placed online through a Earth Mama Organics website, by e-mail or by telephoning a Earth Mama Organics call center is accepted, Earth Mama Organics may advise of its acceptance of the order by e-mail or other written form. Earth Mama Organics reserves rights to acknowledge or accept verbally (by telephone) telephone orders placed through its call center or similar facilities.
Any Contract is dependent and conditional upon Earth Mama Organics’ verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until Earth Mama Organics confirms acceptance of both of these items, Earth Mama Organics has no obligation to provide any Products. Where Customer has elected to make payment other than with a credit card (and Earth Mama Organics has accepted that payment option), Earth Mama Organics is entitled to consider an order or Contract cancelled with or without notice to Customer, if Earth Mama Organics does not receive that payment within 10 days of the date of the relevant order acknowledgement.
We maintain records of orders, order acknowledgements and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order acceptance, payment method acceptance and invoice as evidence of purchase.
- Account Information
You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Earth Mama Organics website account details section or as requested by a Earth Mama Organics telephone call center agent (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other Earth Mama Organics websites. Earth Mama Organics shall not be liable for any unauthorized use of passwords.
Products will be delivered to delivery addresses within the US only, except as otherwise exceptionally agreed with Earth Mama Organics. Earth Mama Organics will use its discretion in selecting a reputable carrier and appropriate means of delivery. Earth Mama Organics may deliver Products by installments in any sequence.
- Delivery Date
Earth Mama Organics aims to deliver promptly. However, there may be reasons for Earth Mama Organics’ inability to ship according to its target dates (most of which are beyond Earth Mama Organics’ control). Accordingly, any dates given by Earth Mama Organics for the delivery of Products are estimates only, and Earth Mama Organics cannot and does not undertake that delivery will occur on any specified dates.
However, you have the option of cancelling your order at any stage prior to dispatch of your Products by Earth Mama Organics. You may also have a right to return Products after they have been delivered (see ‘Your Right to Return and Returns Policy’ below).
If Products cannot be delivered by any estimated or target dates given by Earth Mama Organics, Earth Mama Organics may elect to cancel the order and refund any money paid by the Customer. If an order is cancelled, Earth Mama Organics’ only obligation shall be to refund any money paid by the Customer to Earth Mama Organics.
Earth Mama Organics retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. Earth Mama Organics reserves rights (subject to applicable law) to terminate CustomAnger’s right to use, sell or otherwise deal in Products, and to enter the premises of Customer and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires Earth Mama Organics to return any payment made for the Products, for any reason.
- Your Acceptance of Products
You have the responsibility for examining the Products on delivery and verifying their condition, and that the content of the Product package is complete. Products will be considered to have been accepted by you on delivery, as in good condition, and with all accessories, components and other products and content to be contained in or packaged with the Product, and as otherwise in accordance with the Contract, unless you have on delivery or promptly thereafter inspected the Products and notified Earth Mama Organics of any deficiencies or defects.
- Your Right to Return and Returns Policy
You may return purchased Products for any reason for a full refund of the Product purchase price actually paid within 30 days following the date you receive the Products, subject to compliance with the following:
- You must obtain an Earth Mama Organics Return Merchandise Authorization number. This number may be obtained from Earth Mama Organics via telephone or email, via the standard contacts posted on the Earth Mama Organics website. You must return the Products to the address and in the manner indicated on the return documentation.
- The Earth Mama Organics return reference number must be prominently displayed on the outside of the package in which the Products are returned to Earth Mama Organics. Your Earth Mama Organics invoice must be enclosed with the returned Products.
- You must pay the return delivery charges and assume all risk of loss and damage to Products while in transit to Earth Mama Organics.
- Products must be returned in the original packaging, in “as new condition."
If you return Products (1) which have been damaged or used, (2) without an Earth Mama Organics Return Merchandise Authorization number, (3) after the 30 day returns period, (4) without proper or with missing packaging, (5) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, or (6) without pre-paid delivery, Earth Mama Organics retains the right either to refuse to refund Product purchase price (subject to applicable local law), or to charge you repair, restocking or related fees and delivery charges. Earth Mama Organics may in that case deduct those fees and charges from any payments to be refunded to you.
On return of Products, Earth Mama Organics will, subject to the above qualifications, repay the Product purchase price amount paid to Earth Mama Organics, less any fees and charges due to Earth Mama Organics (as per the above), by crediting your relevant credit card or bank account (or other means in which the Product was purchased). In the event that the return is due to an error by Earth Mama Organics then Earth Mama Organics will refund the total purchase price including postage paid to Earth Mama Organics by the customer.
The issue by Earth Mama Organics of a Return Merchandise Authorization number shall not constitute an acceptance or acknowledgment of any right to return Products, except to the extent that these Terms or mandatory applicable laws confer such a right.
In addition to the above Earth Mama Organics’ return procedure which can be found on the Earth Mama Organics website earthmamaangelbaby.com will apply.
- Resale of Product
Customer shall not resell Products. Earth Mama Organics may (among other reasons) reject orders placed by Customer if Customer breaches this term (with regard to any Products) or if Earth Mama Organics reasonably suspects that Customer has breached or will breach this term.
- Liability limitation
These Terms set out the full extent of Earth Mama Organics’ obligations and liabilities in respect of the supply of, or failure to supply, Products. Earth Mama Organics is not liable to you (or any other parties):
- for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (even if Earth Mama Organics have been advised of the possibility of such damages), however caused, through serious fault, Product unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases),
for 1) loss of the use of Products or inability to order Products via a Earth Mama Organics website or other media, 2) the cost of procuring substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through a Earth Mama Organics website or other media, 3) unauthorized access to or alteration of your transmission or data, or 4) statements or conduct of any third party regarding any matter relating to content downloaded from an Earth Mama Organics website or other media.
This clause and the limitations of liability apply also to Earth Mama Organics named as the guarantor or warrantor (if any), in the relevant Guarantee. If applicable law prevents, restricts or limits Earth Mama Organics’ ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit Earth Mama Organics’ liability to the maximum extent permissible.
This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.
Important Consumer Qualification
Nothing in these Terms limits, excludes or affects (and should not be read to limit, exclude or affect) Earth Mama Organics’ liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited.
Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force which apply to you. You may assert your rights at your sole discretion.
- Data Protection and Privacy
General – data collection
By submitting orders:
- you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the “Personal Data” (or similarly entitled) section of the Earth Mama Organics website order submission form or the telephone call center ordering process.
- you acknowledge that the processing of your Personal Data is necessary for the performance of the Contract and you consent to such processing.
In certain circumstances Earth Mama Organics may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Earth Mama Organics it shall also be regarded as “Personal Data”.
Earth Mama Organics may share, make available or transmit Personal Data to other departments and divisions in Earth Mama Organics (subject to Earth Mama Organics’ strict compliance with applicable data protection laws).
Use of SMS/MMS Mobile Message Marketing Program:
- User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Earth Mama Organics and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
- Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Clackamas, Oregon before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Earth Mama Organics’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
- Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
- Export Control
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.
- Other – general
Notices and Communications
Each party (i.e. you or Earth Mama Organics) may send notices or communications to the other by personal delivery, e-mail, regular mail or fax. Notices or communications must be sent to the latest contact details specified by the receiving party.
Notices and communications will be considered received by the addressee (as applicable):(1) If by courier or other mode of personal delivery, on the date of personal delivery to such addressee's address as last specified by that addressee before dispatch; or (2) if by posting, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee's address last specified by the addressee before posting; or (3) if by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report. E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee’s e-mail address, or (3) the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by Customers via e-mail shall only be effective upon express acceptance thereof by Earth Mama Organics.
Earth Mama Organics may at its option accept orders and acknowledge, accept or effect other communications by telephone. Telephone communications by Earth Mama Organics shall be as effective as written communications.
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
- Statutory rights
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.