Terms & Conditions

TERMS OF SERVICE

OPERATOR: This website is operated by MM Group USA Inc. (Marlo Kids), a Delaware corporation ("Company," "we," "us," or "our").

1. ACCEPTANCE OF TERMS

By accessing this website, purchasing products, or using our services (collectively, the "Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). WARNING: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 15 CAREFULLY.

If you do not agree to these Terms, you may not access the website or use the Service.

2. ONLINE STORE TERMS

2.1 Age Requirement. By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence.

2.2 Prohibited Conduct. You may not use our products for any illegal or unauthorized purpose. You must not transmit any worms, viruses, or destructive code.

2.3 Right to Refuse Service. We reserve the right to refuse service to anyone for any reason at any time.

3. PRODUCT ACCURACY AND PRICING ERRORS

3.1 No Warranty of Accuracy. We do not warrant that product descriptions, photos, pricing, or other content is accurate, complete, reliable, current, or error-free.

3.2 Colors. We have made every effort to display product colors accurately. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

3.3 Pricing Errors. In the event a product is listed at an incorrect price due to typographical error or systems error, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We have the right to cancel such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, we will issue a credit to your account in the amount of the incorrect price.

4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5. BILLING AND ACCOUNT INFORMATION

5.1 Order Limits. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5.2 Accuracy. You agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account information, including email address and credit card numbers, so that we can complete your transactions.

5.3 Taxes. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you.

6. SHIPPING AND RISK OF LOSS (IMPORTANT)

6.1 Delivery Estimates. Shipping dates are estimates only and are not guaranteed.

6.2 Risk of Loss. All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (e.g., FedEx, UPS, USPS). We are not responsible for lost or stolen packages once they have been tendered to the carrier.

7. RETURNS AND REFUNDS

All sales are subject to our Returns Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Return Policy, these Terms shall control.

8. OPTIONAL TOOLS AND THIRD-PARTY LINKS

8.1 Third-Party Tools. We may provide access to third-party tools "as is" without any warranties. Your use of such tools is entirely at your own risk.

8.2 Links. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials.

9. USER COMMENTS AND FEEDBACK

If you send us creative ideas, suggestions, proposals, plans, or other materials (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are under no obligation to maintain any Comments in confidence or pay compensation for them.

10. INTELLECTUAL PROPERTY

All content included on the site, such as text, graphics, logos, images, and software, is the property of Marlo Kids or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Marlo Kids

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

12. PROHIBITED USES

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; or (g) to interfere with the security features of the Service.

13. DISCLAIMER OF WARRANTIES

PLEASE READ THIS SECTION CAREFULLY. THE SERVICE AND ALL PRODUCTS DELIVERED TO YOU ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO CASE SHALL MM GROUP USA INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE LIABILITY.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

15. DISPUTE RESOLUTION: BINDING ARBITRATION & CLASS ACTION WAIVER

15.1 Binding Arbitration. Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by us, will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitration will be conducted by the American Arbitration Association (AAA).

15.2 No Class Actions. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

15.3 Governing Law. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of conflict of laws.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MM Group USA Inc. and our parent, subsidiaries, affiliates, partners, officers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

17. SEVERABILITY & ENTIRE AGREEMENT

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. These Terms constitute the entire agreement and understanding between you and us.

18. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@marlokids.com