Terms of service
TERMS OF SERVICE
OVERVIEW Welcome to Mama's Basement! The terms “we”, “us” and “our” refer to Mama's Basement. Mama's Basement operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Mama's Basement is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Mama's Basement reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Mama's Basement confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Mama's Basement may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail or billing address provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Mama's Basement, its affiliates or licensors and are protected by applicable patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Mama's Basement’s names, logos, product and service names, designs, and slogans are trademarks of Mama's Basement or its affiliates or licensors. You must not use such trademarks without prior written permission.
SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY Mama's Basement is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Mama's Basement. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mama's Basement, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Mama's Basement.
SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
SECTION 11 - FEEDBACK If you submit ideas, suggestions, feedback, or reviews (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display such Feedback in any medium for any purpose. We are under no obligation to maintain Feedback in confidence or pay compensation for its use.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES You may not use the Services for any unlawful purpose, to infringe upon our intellectual property, or to harass, abuse, or mislead others. We reserve the right to terminate your account for violating any prohibited uses.
SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services at our sole discretion at any time without notice.
SECTION 15 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY Mama's Basement, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Mama's Basement BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED.
SECTION 17 - INDEMNIFICATION You agree to indemnify and hold harmless Mama's Basement and Shopify from any claims arising out of your breach of these Terms or your violation of any law.
SECTION 18 - SEVERABILITY If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT Failure to enforce any right or provision of these Terms shall not constitute a waiver. These Terms constitute the entire agreement between you and us.
SECTION 20 - ASSIGNMENT You may not assign your rights under these Terms without our prior written consent.
SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of The Netherlands. You and Mama's Basement consent to the jurisdiction of the courts located in Amsterdam.
SECTION 22 - HEADINGS Headings are for convenience only and do not affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE We reserve the right to update or change any part of these Terms by posting updates to our website. Your continued use of the website following changes constitutes acceptance.
SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at getmeoutofmamasbasement@gmail.com. Our contact information is posted below:
Mama's Basement Email: getmeoutofmamasbasement@gmail.com
Address: Marnixstraat 259-3, 1015 WH Amsterdam, The Netherlands