TERMS AND CONDITIONS
1.Information about Tummy Calm & using our US Online Shop
1.1 Welcome to our online shop. This online shop and the website at www.tummycalm.com(our website) from which it operates, is owned and operated by CalmCo LLC. For further details about the CalmCo LLC, please see the end of these terms.
1.2 This page and any documents referred to on it tell you the terms and conditions on which we supply any of the products listed on our website to you. Please read these terms carefully before ordering any Products from our website as, by doing so, you accept these terms and conditions.
2.Product details, prices & delivery
2.1 We make every effort to be as accurate as possible in the Product descriptions and prices. However, these may change due to circumstances beyond our control.
2.2 Delivery is made via the use of USPS, UPS and FedEx and you are able to select your preferred method when checking out and placing your order.
3.How the contract is formed between you and us
3.1 After placing & paying for an order, you will receive an email from us acknowledging that we have received your order, this marks the acceptance of a sales contract between yourself & us.
3.2 The Contract will relate only to those Products indicated in the acknowledgement email. We will not be obliged to supply any other Products which may have been part of your order until acceptance of your order for those Products has been confirmed in a separate acknowledgement email.
4.Your rights as a consumer
4.1 You may cancel a Contract at any time with us provided we have not already dispatched your product for delivery. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in section 8 below).
4.2 To amend or cancel a Contract, please contact CalmCo by email [email protected].
4.3 To cancel an order that has already been dispatched to you, you will need to return the Product(s) to us immediately, in the same condition in which you received them, still sealed and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a legal right to claim compensation from you.
5.Availability, delivery, risk & title
5.1 We aim to process and ship your order the same day should we have received the order before 12pm Midday, alternatively it will be dispatched the next working day. Should your order be likely to be delayed, we will contact you. If you have any queries regarding the shipping of your order, please contact CalmCo on [email protected]
5.2 The Products will be at your risk from the time of delivery and ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. Payment must be made before products are dispatched
6.Price & payment
6.1 The price of any Products will be as quoted on our website (except in cases of obvious error) and will exclude delivery costs, which will be added to the total amount due as listed on our delivery charges page.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an acknowledgement email.
6.3 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 of such rejection.
6.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an acknowledgement email, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
6.5 Payment for all Products must be by credit or debit card. We accept all major credit and debit cards.
7.Our refunds policy
7.1 Whilst we hope you will be delighted with your order, if for any reason you are not completely satisfied, we will be happy to offer a refund, exchange or replacement on Products returned to us within 30 days of receipt. Your statutory rights are not affected. Opened products will not be accepted for return.
7.2 When you return a Product to us, we will issue the refund to you once the product has been receipted back into our warehouse. In this case, we will refund the price of the Product in full, excluding the delivery charges for sending the item to you. You will be responsible for the cost of returning the item to us.
7.3 When you return a Product to us for any other reason, (for example because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time.
7.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.1 We warrant to you that any Product purchased from us through our website is of satisfactory quality.
8.2 Our liability to you (whether in contract, tort (including negligence) or otherwise) is limited to the purchase price of the Product you purchased.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.
10.Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes (as well as others) such things as: terrorist attack, fire, flood or natural disaster, epidemics, impossibility of the use of means of public or private transport, or public or private telecommunications networks or the threat of any of these things.
10.3 Our obligations to you under any Contract are deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance of our obligations for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10.4 As much as we would love your parcel to reach you in the general quoted time, once the parcel is with our courier, delivery delays outside CalmCo Distribution Ltd’s control can happen. The would include delays with customs clearance for international orders, holiday delays, extreme weather, and workforce strikes.
11.2 Any Contract will be subject to the terms in force at the time that you order Products from us, unless any change to these terms is required to be made by law or governmental authority (in which case it may apply to orders previously placed by you).
12.Law & jurisdiction
These terms and Contracts for the purchase of Products through our website are governed by American law. Any dispute over or claims arising from these terms or any Contracts will be subject to the exclusive jurisdiction of the American courts, although we retain the right to bring proceedings against you for breaking these terms or any Contract in your country of residence or any other relevant country.
About CalmCo is Incorporated and registered in the United States.
If you have any concerns about material which appears on our website please contact [email protected]
Thank you for visiting our website.