Terms and Conditions

 

Please read the following Terms of Service (“Terms”) carefully before using the Mon Coeur Bebe LLC (“Mon Coeur Bebe”, “we”, “our”, or “us”) website moncoeur.com and the services offered thereon (collectively, the “Website”). 

THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH MON COEUR BEBE REGARDING YOUR USE OF THE WEBSITE AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

(1) Your Use of the Website

We hereby grant you a non-exclusive, personal, non-transferrable, limited license to use and access the Website in accordance with these Terms. The Website is provided to you as a convenience and for your information only. Mon Coeur Bebe does not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Mon Coeur Bebe has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and (vii) any information obtained in response to questions asked through the Website is accurate or complete. Your use of the Website is solely at your own risk.  

(2) Use Restrictions

You may not use the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others. We reserve the right to terminate your use of the Website for violating any of the prohibited uses. You are also prohibited from using the Website to: (i) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (ii) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (iii) for resale, time-sharing or other similar purposes; (iv) stalk, harass or harm another individual; (v) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (vi) use any portion of the Website or any Website Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (vii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law.

(3) Account Information  

You have the option to create a unique username and password, and supply additional registration information (“Registration Information”), on the Website. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering an account. If any of your Registration Information changes, you must promptly update it. We shall have no liability associated with or arising from your failure to maintain accurate, complete or up-to-date Registration Information. We are not responsible for verifying your Registration Information.

You are solely responsible for maintaining the confidentiality of your Registration Information. You agree not to give or make available your password or other credentials that you use in connection with the Website to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such password or credentials. If you believe your password or credentials have been lost or stolen or that someone may attempt to use them, you must notify us immediately by using the contact information set forth at the end of these Terms. We reserve the right, under certain circumstances, to deny your access to the Website. For example, we may do so if we reasonably believe your password or other credentials have been or may be used by an unauthorized person(s).

(4) Online Ordering 

The products offered for sale on the Website are available while supplies last. These products may have limited quantities and are subject to return or exchange only according to our Return Policy and Exchange Policy (Section 5). Mon Coeur Bebe makes every effort to display as accurately as possible the colors and images of our products. The images and photographs are meant to assist you and are for informational purposes only. We reserve the right, but are not obligated, to limit the sales of our products to any person, by any quantity, and to any geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on our Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

(5) Billing and Payment

By ordering today, you authorize the payment card you provided to be charged. By clicking to order, you represent that you have read and agree to our Privacy Notice and Terms of Service. You understand that you will be liable for payment of product that is shipped to you.

We use a third party service provider to process payments made through our Website. When you make a payment, we will transfer you to a secure network provided by our third party processor through which all transactions are processed. We do not retain any of your credit card or other payment information. You agree to provide accurate purchase information, including your email address and payment method details, so that we (and our third party service provider) can complete your transactions and contact you as needed in connection with your transactions. By providing us, or our service provider, with a payment method, you (i) represent that you have authorized us to use that payment method; (ii) represent that any payment information you provide is true and accurate; and (iii) authorize us to charge you by using your selected payment method. Unless otherwise provided by law or pursuant to our Return Policy and Exchange Policy (Section 5), all purchases are final and non-refundable.

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase information for all purchases made through our Website. If your purchase information changes prior to the processing and receipt of your order, please contact us using the Contact Us details below.

(6) Return and Exchange Policy

All new and unopened products come with a 15-day, money-back guarantee based on the delivery date as provided by the shipper. To receive a refund or to make a return, please contact us atCustomerCare@moncoeur.com For products outside of the 15-day timeframe, all sales are final. Products must be returned prior to receiving a refund. You are responsible for return shipping costs. We are unable to process exchanges. If you would like to exchange a product for a different product, please return the original product for a full refund and place a new order. 

(7) Broken, Damaged or Missing Products

If any products arrive damaged, broken, or part of your order is missing, you must notify Mon Coeur Bebe atCustomerCare@moncoeur.com within 15 days of the delivery date as provided by the shipper. Please save all packaging materials and damaged goods and our team will work with you to get the issue resolved. 

(8) Shipping Policy

All Mon Coeur Bebe orders will ship via DHL, USPS, FEDEX and UPS. Please allow 3 days for order processing. We do not ship on holiday or weekends. Your Mon Coeur Bebe shipment confirmation will be emailed to you once your order ships. The order will contain your tracking number. 

(9) Lost Shipments

Please confirm the accuracy of your shipping address before you submit your order. Incorrect or partial addresses could result in delays or lost shipments. Mon Coeur Bebe is not responsible for orders lost due to incorrect or partial addresses.

(10) User-Provided Website Content 

The Website permits the submission of content, including, reviews, feedback, questions, comments, and suggestions (“User Website Content”). You hereby grant (and you represent and warrant that you have the right to grant) to Mon Coeur Bebe an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Website Content. You assume all risks associated with your User Website Content and shall be solely responsible for the User Website Content and the consequences of submitting it. Mon Coeur Bebe cannot guarantee any confidentiality with respect to any User Website Content.  

(11) No Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO WARRANTY THAT WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, IS OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. 

(12) Indemnification

You agree to defend, indemnify, and hold harmless Mon Coeur Bebe and our employees, service providers, clients, affiliates, subsidiaries, parents, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any dispute between you and a third party; and (v) your willful misconduct. 

(13) Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT AND/OR USER WEBSITE CONTENT PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY USER WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE. ADDITIONALLY, MON COEUR BEBE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS.  REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  WE ARE NOT RESPONSIBLE FOR (i) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE WEBSITE; (ii) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE WEBSITE; OR (iii) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER. 

(14) Intellectual Property

The Website and Website Content are owned and controlled by Mon Coeur Bebe. We expressly reserve all of our intellectual property rights in and to the Website and Website Content. No portion of the Website Content may be reproduced in any form or by any means, except as provided elsewhere in these Terms. We are the owner of, or are otherwise permitted to the use, all trademarks, service marks, and logos used and displayed on the Website. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mon Coeur Bebe’ trademarks, service marks, or copyrights without our prior written permission. You may copy or print a single copy of any page from one of our Website for non-commercial purposes if you do not remove, modify or alter any copyright or proprietary rights notices that may be present. You may not otherwise: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of our Website; or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website except as expressly permitted by Mon Coeur Bebe. 

(15) Copyright 

 If you believe that another user of the Website is unlawfully infringing copyrighted material(s), and wish to have the allegedly infringing material(s) removed, you must provide the following in the form of a notification pursuant to the Digital Millennium Copyright Act (DMCA): 

  • Identification of the copyrighted work(s) claimed to have been infringed;
  • Identification of the supposedly infringing material that is to be removed;
  • Information reasonably sufficient to permit us to locate the material on the Website;
  • Your address, telephone number, or email address;
  • A statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
  • A statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and
  • Your physical or electronic signature. 

The notification must be submitted to our Copyright Agent at: ejaffe@golenbock.com

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a written communication containing the following:

  • Identification of the supposedly infringing material that is to be removed;
  • A statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that You will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
  • The signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

(16) Errors, Inaccuracies, and Omissions 

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law.

(17) Governing Law

You agree that all matters relating to your access to or use of the Website will be governed by the laws of the State of New York, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of state courts located in New York, New York with respect to such matters. 

(18) Termination of Service
We may suspend or terminate your right to access the Website, at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Mon Coeur Bebe, to the business of our Internet service provider, or as we otherwise deem appropriate, in our sole discretion.

(19) Age Restrictions 

You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms and abide by and comply with these Terms. 

(20) Privacy

Mon Coeur Bebe collects and uses personal information about you when you access and use the Website in accordance with our Privacy Notice.

(21) Electronic Communications

By using the Website, you consent to receive electronic communications from Mon Coeur Bebe unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

(22) Third-Party Links

The Website may include links and Website Content provided by third parties (“Third-Party Website Content”). Third-Party Website Content is provided for your convenience and information only. Third-Party Website Content is not under our control and Mon Coeur Bebe is not responsible for the content of any Third Party Website Content. The inclusion of Third Party Website Content does not imply endorsement, affiliation, partnership, or sponsorship by Mon Coeur Bebe. Use of any Third Party Website Content is at your own risk.

(23) Local Laws 

Mon Coeur Bebe makes no representation that the Website or Website Content are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

(24) Export Restrictions 

The Website or Website Content may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website or Website Content, or any products utilizing such data, in violation of the United States export laws or regulations.

(25) Changes To These Terms

Mon Coeur Bebe may revise these Terms, the Website, the Website Content, or stop providing the Website and/or Website Content at any time and without notice to you. We encourage you to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting.

(26) Contact

If you have any questions about these Terms, please contact us at: bonjour@moncoeur.com

Effective as of July 16, 2020

 

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