Terms & Conditions

www.shadesofmom.com is an e-commerce platform owned by Shades of Mom under the Trademarked Brand Name “Shades of Mom”.

The following Terms and Conditions constitute a binding agreement between you and Shades of Mom hereunder referred to as (“Shades of Mom”, “www.shadesofmom.com”), (or “We”, “Us”, “Our”), a Sole Proprietorship company organized and existing under the laws of the Government of India and having its registered office in 20A, Perumal Kovil Street, Valliyur, Tamil Nadu - 627117, India.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms and Conditions of Sales apply to the offer and sale by Shades of Mom to you, referred to hereunder as “Terms and Conditions” on which We supply any of the Products (“Product(s)”) listed on Our Website http://www.shadesofmom.com (the Website) to you.

These Terms and Conditions constitute an agreement between you and Shades of Mom, regarding your access and use of the Website, all content, Products and services available on or through the Website and your purchase of any Products or service or placement of any order through the Website.

Your order is an offer to Us to purchase the Product(s) you selected in your order. You are deemed to have placed an order with Us by ordering via Our online checkout process on Our Website. After placing an order, you will receive an e-mail from Us acknowledging that We have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (“Order Confirmation”). Please note that the Order Confirmation is acknowledgment that We have received your order and does not mean your order has been accepted by Us. All orders are subject to Our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when We send you an e-mail confirming that the Product has been dispatched (“Dispatch Confirmation”).

We may refuse to accept your order:

• where the Product is not available;
• where we cannot obtain authorization for your payment;
• if there has been a pricing or Product description error (see ‘Price and Payment’ below); or
• if you do not meet the eligibility criteria set out in ‘Your Status’ above.
• The contract between Us (the “Contract”) will only be formed upon the earlier of i) when we send you the Dispatch Confirmation or ii) delivery of the Product(s).

Please read these Terms and Conditions carefully and understand them before ordering any Products from Our Website. You should understand that by ordering any of Our Products, you accept these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from Our Website. You may print a copy of these Terms and Conditions for future reference.

Service Availability

We accept orders from addresses all over India.

Your Status

By placing an order through Our Website, you warrant that:

• you are legally capable of entering into binding contracts;
• you are at the majority age under the Indian applicable laws; and have legal capacity to enter into these Terms and Conditions;
• You are purchasing Products for an address within the India only.

Conditions of Use

• By using the Website, and each time when you use the website, you are accepting and agreeing to be bound by these current Terms and Conditions on your own behalf or, as applicable, on behalf of the party or parties on whose behalf you are using the Website. If you do not agree with these Terms, then you may not use or visit the website.
• We may, in our sole discretion, revise these Terms and Conditions at any time without advance notice to you by posting the revised Terms and Conditions on the website. It is your responsibility to regularly review these Terms and Conditions. If you use the website after we make any changes, you will be accepting the changes and agreeing to be bound by the revised Terms and Conditions.
• If you place an order on our website, you will be bound by the Terms and Conditions posted on the website at the time you place such order. Your order will be deemed to have been placed at the time you complete our online checkout process.

User Accounts

To access some of the features of this Website, you can use your www.shadesofmom.com account log-in details. If you don’t have an account you may be required to register for a new user account with Shades of Mom ("Shades of Mom.in Account”). You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your account password secure. You agree to immediately notify Shades of Mom of any breach of security or any unauthorized use of your user account. We will not be liable for any losses arising from any unauthorized access to or use of your account.

Price and Payment

• The price of the Products will be as quoted on Our Website from time to time, except in cases of obvious error. Product prices include GST at the prevailing rate. The price quoted on Our Website for Products excludes delivery charges which are quoted separately on Our Website.
• Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
• Our Website contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on Our Website, We will normally, at Our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that We are rejecting it.
• Payment for all Products must be made by a valid credit or debit card. We accept payment by Visa and Mastercard Debit, and by Visa and Mastercard Credit. A payment by credit or debit card will only be charged at or shortly after the time you place your order. 
• You must retain a copy of transaction records, policies and rules provided by Us.

Shipping Policy

• We will deliver Products to valid shipping addresses located within the India only. You must provide a valid photo identification to receive your order. All orders will be delivered by our courier partner.  Delivery to some far areas will take longer than usual.
• Title to any Product purchased by you will pass to you once the Products are delivered to the delivery address specified in your order and payment for the said Product is complete. Except as otherwise provided in these Terms and Conditions, you accept all risk of loss, theft or damage to the Products you purchase once it has been delivered to the delivery address specified in your order.
• If you do not receive your order within the estimated delivery time specified in your shipping confirmation email, you can contact us with your tracking number.
• If you refuse or fail to accept delivery of any Products you order, with the exception of refusals related to visible carrier damages or due to any of the reasons stated in the Returns Policy set out below, any risk of loss, theft or damage will nonetheless pass to you, and not limiting any other rights or remedies We have, We:
1. will remain entitled to payment in full for the Products shipped to your delivery address, including shipping costs incurred and any installation charges if applicable; and
2. ae may effect delivery by whatever means it considers appropriate, and you will be liable for all additional costs incurred as a result of such refusal or failure to accept delivery.

Returns Policy

• In addition to rights you may have under applicable law, you may return any Product within fifteen (15) days from the date you receive it if:
1. the Product is sealed and accompanied by all original packaging, accessories, free items and other components or parts that accompanied the Product when it was delivered and the Product and/or packaging is undamaged.
2. The Serial number of the Product purchased is the same when any return is requested.
• Subject to applicable law, return requests made after the fifteen (15) days period will not be accepted. This provision applies notwithstanding any other term or condition of these Terms and Conditions.
• You can return Products by placing a return request on Shades of Mom. You must provide valid photo identification and your original receipt to return your Product.
• To request a return:
1. Please raise your return request on Shades of Mom of the purchased Product. You must also attach photos showing that the Product is still in a sealed condition and info@shadesofmom.com. In the absence of such proof, you agree that if the Product is not in a sealed condition or if the Product and/or packaging is damaged when it reaches Shades of Mom, the Product shall be returned back to you and the refund will not be processed.
2. If you purchased via credit/debit card and if you return request is approved, the refund will be credited to your respective payment method within ten (10) business days. It may take longer to reflect in your account depending on your bank.
3. No refunds will be done by cash.
• If you wish to return a Product that appears to be damaged or otherwise defective upon delivery:
1. Upon returning your Product to Shades of Mom, a diagnostics test will be performed to validate whether or not it is defective.
2. If the Product is found not to be defective (based on the reason you provided with the return request), your Product will be returned to you and no refund will be issued.
3. If a defect is found within fifteen (15) days. If the Product is found to be defective, a replacement will be provided.
• Upon receipt of your Product, please ensure you inspect its condition carefully. Should you identify a short or over-shipment and/or suspect part of the goods are missing, please contact Shades of Mom at info@shadesofmom.com within seven (7) days from when it was delivered. If the external carton of the Product shows any sign of damage (e.g., scratches, tears, stains, etc.), tampering (e.g., open Product, broken seals, re-taped, etc.) or abuse, please indicate the Product is damaged on the waybill and refuse the shipment. Shades of Mom shall not in any way be responsible for any damage, tampering or abuse not noted once a Product shipment has been accepted.
• With respect to suspect freight damage claims made after acceptance of the Product shipment, your request will be accepted only if the damage is reported within three (3) days of delivery, and the package is not moved from its original “ship to” location. Please include all parts, original shipping box and packing material with the Product. In the event that the inspection does not take place or your Product is not picked up within five (5) business days of you contacting Shades of Mom, please contact Shades of Mom at info@shadesofmom.com.
• Provided you comply with the terms of this Returns Policy, you will receive a full refund of the price you paid for the Product (including any taxes paid), subject to applicable local law. The refund will be credited to your respective payment method within seven (7) business days. It may take longer to reflect in your account depending on your bank. No refunds will be done by cash.

 

Exchanges

We accept exchange with 15 days if you are not happy with the purchase or if you receive damaged product.

Cancellation

You may contact us at any time prior to your Order being marked as “Processed" on our online Order tracking system to cancel or change it. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do our best to change it, subject to stock availability and any applicable price adjustment. If the Order has been processed, please await delivery and use the Returns process.

Title To Goods

Title to the items in your Order 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.

Ownership Of Website

• Shades of Mom owns or hold licenses/ authorizations in all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, designs and logos, graphic and graphical elements on the Website (the "Content”). Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content. The Website and the Content are protected by the India and international copyright, trademark and other intellectual property rights laws.
• You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of Our icons, logos or trademarks without Our prior written consent.

Trademarks

Nothing appearing on the Website or in these Terms and Conditions grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the "Marks”) and/ or the Content. The Marks are the registered or unregistered trademarks, service marks, tradenames and logos either owned by Shades of Mom or licensed/ authorized in favor of Shades of Mom. All/ any use, duplication, publication, reproduction, transmission, derivation, registration, modification or dissemination of the Marks by you is strictly prohibited.

Errors, Product Availability, Pricing Information and Orders

• We strive to ensure current and accurate information on Our Website. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect prices and/or specifications for Products. Shades of Mom does not guarantee that Products and services advertised on the Website will be available when viewed or upon subsequent visit to a retail location or thereafter.
• We endeavor to provide Our customers with an agreeable solution to their shopping needs. However, we do not warrant that the content of the Website including, without limitation to, Product descriptions, pricing or photographs, is accurate or complete.
• We reserve the right to revoke any stated offer on Our Website, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by law.

Changes to Website Content, Offers Or Orders

• We own or are licensed/ authorized users of all intellectual property rights in Our Website and all material and content on Our Website. You may use this site and the materials and content on Our Website for personal, non-commercial use only. All other use or reproduction of Our Website or materials or Content of Our Website is strictly prohibited.
• Our Website is provided on an 'as is' and 'as available' basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to Our Website. We make no warranty that Our Website will meet your requirements or will be uninterrupted, timely or error-free or that Our Website or the server that makes it available are free of viruses or bugs.
• While We endeavor to ensure that Our Website is normally available 24 hours a day, we will not be liable if for any reason Our Website is unavailable at any time or for any period. Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control as set out above.

 

Shades of Mom at all times reserves the right to:

1. correct any error, inaccuracy or omission in Website content at any time without prior notice or liability to you or any other person;
2. change at any time the Products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such Products and services, any promotional offers and any other Website content without any notice or liability to you or any other person;
3. limit quantities available for sale or sold; and
4. reject, correct, cancel or terminate any order, including accepted orders, for any reason, including but not limited to:
1. if the Product or service is not available;
2. if We do not receive confirmation of your payment from the relevant payment processing company;

• if there has been a Product or service pricing or description error, inaccuracy or omission; or

1. if you do not meet the eligibility criteria set out in these Terms and Conditions.

Promotions

You understand and agree that any promotional offers, as listed on the Website and in advertising, are limited time offers, may change at any time, and are subject to such additional Terms and Conditions that may be announced from time to time.

Personal Accuracy of Information

It is your responsibility to ensure that all information that you provide through the Website is accurate, complete and up-to-date, including information required to open a user account, payment information (credit card), contact information and all transaction information. You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.

Personal Information

• in collects your Personal Information to enable us, amongst other things, to provide the Website and our Services to you. We take all steps reasonably necessary to protect against the unauthorized access, use, alteration, disclosure or destruction of Personal Information. If Shades of Mom is sold to a third party, or Shades of Mom otherwise becomes subject to a merger, consolidation or acquisition, it would become necessary for us to transfer your Personal Information to a third party, and in such case Shades of Mom would require that the third party handles your Personal Information with no less care than taken by us.
• The email address you provide for order processing will only be used to send you information and updates related to your order. It may also be used to respond to your enquiries and requests. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. You can unsubscribe from our email list at any time by following the instructions included at the bottom of each email, or by contacting us via our Website.
• Other than as may be required in order to operate the Website, or as otherwise described in the Website Terms and Conditions or these Terms, we disclose your Personal Information to third parties only as reasonably required to protect the rights and safety of ourselves and Website users or as required by law enforcement authorities. Shades of Mom's operational purposes include, without limitation:
1. Shades of Mom use of other companies and/or individuals to perform functions on its behalf (e.g., processing credit card payments, providing customer service, logistics, domestic or international data hosting/storage services on cloud or otherwise), and in such circumstances these companies or individuals will be provided access to only such Personal Information required to fulfil their functions; and
2. Purposes intended to deliver publications to you, verify your account information, verify access to publications, determine whether you meet the minimum system requirements for use of the Service, provide you tailored content and instructions, targeted promotions, provide customer support, and seek your input regarding Shades of Mom and the Website.
• To keep your Personal Information safe, we ensure that sensitive and private data exchanges between you and Website happen over a Secure Sockets Layer (SSL)-secured communication channel, and are encrypted and protected with digital signatures. SSL-secured communication channels are specially designed to protect personal and sensitive information (payment details), which is sent over the internet.
• Apart from the aforesaid, we may use third party service providers to help us operate our business, the Website, or administer activities on our behalf, such as sending out newsletters or surveys. We will only share your information with these third parties for those limited purposes if you have given us your permission to do so.
• You may review, update or ask us to delete or remove your Personal Data that Shades of Mom holds in respect of your account by contacting Shades of Mom at info@shadesofmom.com

Limitation of Liability

While we will use reasonable endeavors to verify the accuracy of any information we place on our Website, we make no warranties, whether express or implied in relation to its accuracy or in relation to any transaction that may be conducted on or through the Website, in our stores or with customer services (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade). Although our Website follows high levels of Information Security Standards, we make no warranty that our Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms & Conditions.

Your Access To And Use Of The Website Is At Your Own Risk. The Website And Content Is Provided On An "as Is” And "as Available” Basis Without Any Representations, Warranties Or Conditions Of Any Kind, Whether Express Or Implied, And Including Without Limitation Implied Representations, Warranties Or Conditions Of Or Related To Accuracy, Accessibility, Fitness For A Particular Purpose, Merchantability, Performance Or Durability, All Of Which Are Disclaimed By Shades of Mom To The Fullest Extent Permitted By Law.
Shades of Mom Does Not Represent That The Website Or The Content Contained On The Website Will Be Uninterrupted Or Error-free, That Defects Will Be Corrected, Or That This Website Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components.
The Laws Of Certain Jurisdictions Do Not Allow Certain Exclusions Or Limitations Of Liability Or Certain Damages. If These Laws Apply to You, Some Or All Of The Following Exclusions Or Limitations May Not Apply To You, And You May Have Additional Rights. Shades of Mom, And Their Respective Employees, Agents, Affiliates, Assigns, Representatives, Related Parties, Officers And Directors Will Not Be Liable For Any Direct, Indirect, Incidental, Punitive, Consequential, Special, Exemplary, Or Other Damages, Including Without Limitation, Loss Of Revenue Or Income Or Profit, Loss Of Business Opportunity, Business Interruption, Loss Of Information, Costs Of Procurement Of Substitute Products, Pain And Suffering, Emotional Distress Or Similar Damages, Or Damages Resulting From Any (1) Errors Or Omissions In Content, (2) Unauthorized Access To Or Use Of Our Servers And/or Your Account And/or Any And All Personal Information And Or Financial Information Stored Therein, (3) Any Interruption Or Cessation Of Transmission To Or From Our Website, Or (4) Any Bugs, Viruses, Trojan Horses, Or The Like, Which May Be Transmitted To Or Through Our Website By Any Third Party. This Limitation Of Liability Applies Regardless Of The Legal Theory Giving Rise To The Damages (including Claims For Negligence Or Gross Negligence), And Even If Shades of Mom Has Been Advised Of The Possibility Of Such Damages. The Foregoing Limitation Of Liability Shall Apply To The Fullest Extent Permitted By Law In The Applicable Jurisdiction.

Termination

• We may, at Our discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it any time without notice or liability to you or any other person. We may also, at Our discretion and for any reason, terminate these Terms and Conditions or your permission to access and use the Website without any notice or liability to you or any other person.
• If your permission to use the Website is terminated for any reason, the remaining terms of these Terms and Conditions shall remain in full force and effect. The termination of these Terms and Conditions or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and Shades of Mom.

General Provisions

• These Terms and Conditions do not replace and are in addition to any other agreement you may have with Shades of Mom.
• You acknowledge and agree that Products, goods and services purchased or obtained through the Website, are subject to additional Terms and Conditions including, but not limited to, Terms and Conditions respecting payment of amounts due, purchase price, fees, and taxes and you agree to abide by all such Terms and Conditions.
• The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
• Any delay, omission or failure by Shades of Mom to exercise its rights, powers or remedies under these Terms and Conditions shall not constitute a waiver by Shades of Mom of those rights, powers or remedies.
• To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or any matter related to these Terms and Conditions will be governed by and construed in accordance with the Indian laws applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in India in any action to enforce (or otherwise relating to) these Terms and Conditions or the use of the Website.
• You may not assign these Terms and Conditions or assign any rights or delegate any obligations under these Terms and Conditions.
• Subject to any other agreement you have entered into with Us, these Terms and Conditions and any other notices or statements posted on the Website constitute the entire agreement between Us concerning the use of the Website, including the Content. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shades of Mom with respect to the Website and Content.

Applicable Law

Contracts for the purchase of Products through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of India. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts in India.