Customer Terms & Conditions

 

Effective as of July 31, 2024

These Customer Terms & Conditions and any other rules posted on the website located at the URL https://www.hellomockingbird.com/  (the “Website”), including “Terms of Use,” “Privacy Policy” and “Warranty,” each of which is incorporated herein by reference (collectively with these Customer Terms & Conditions, the “Website Terms”), constitute an agreement between Baby Generation, Inc., operating under its tradename “Mockingbird” ( “we,” “our,” “us”) and you, the customer, governing your registration for an account (an “Account”) and the purchase by you of any product offered for sale by us (each, a “Product”) on the Website. 

WHEN YOU REGISTER FOR AN ACCOUNT OR PURCHASE A PRODUCT FROM THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE WEBSITE TERMS.  IF YOU DO NOT AGREE TO THE WEBSITE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE WEBSITE TERMS, YOU SHOULD STOP USING THE WEBSITE, TERMINATE YOUR ACCOUNT AND DISCONTINUE PURCHASING PRODUCTS FROM THE WEBSITE.

Your access to the Website, the use of your Account, and the right to purchase Products from us, is subject to your continued compliance with the Website Terms and all applicable laws.  Your right to access the Website and purchase Products will terminate immediately, without any further action by us, if you breach the Website Terms. 

We reserve the right to modify or update these Customer Terms & Conditions at any time for any reason, with or without prior notice to you, and any such changes to these Customer Terms & Conditions will supersede and replace any previous Customer Terms & Conditions effective immediately upon posting to this page. It is your responsibility to periodically review these Customer Terms & Conditions as posted here for any changes. Your continued use of the Website after the posting of changes to these Customer Terms & Conditions will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Customer Terms & Conditions.

Registration for an Account

To use some of the services or features made available to you on the Website, you may need to create an Account.  When you register for an Account, you are required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and email address. Users who have created an Account (“Registered Users”) are able to see and manage their account through the “Account” part of the Website after site login. Should any of your registration information change, please update your Account information or notify us immediately by message at support@hellomockingbird.com.  We reserve the right to change the registration requirements from time to time.  Please see “Terms of Use” for more information about maintaining and terminating your Account.  

Eligibility to Purchase Products

To make purchases on the Website, you must be 18 years of age or older (depending on the applicable laws of the jurisdiction in which you live), and be lawfully able to enter into contracts on the Internet under the laws of the state or other jurisdiction in which you live.

To make purchases on the Website if you are not a Registered User, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and email address and other requested information as indicated.  Furthermore, you will be required to provide payment details that you represent to be both valid and correct and confirm that you are the person referred to in the “Billing” information provided. You will also need to have been issued a valid credit/debit card by a bank acceptable to us, and have authorized us to process charges on your credit/debit card in the amount of the total purchase price for the Product(s) that you purchase. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes.  In addition, we reserve the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.

By making an offer to purchase Products, you authorize us to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency that may keep a record of that information. 

Please refer to our “Privacy Policy” for further information about how we use your personal information and data.

Orders

When placing an order, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us. All orders are subject to acceptance and availability and any Products in ‘Shopping Cart’ are not reserved and may be purchased by other customers until your order is complete and accepted by us.  

We offer Products for sale that are in stock and available for shipping. However, occasionally we may be waiting for a shipment from our suppliers. We may, in our discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to us, or (ii) register your email address for notification of the arrival of the selected Products not in stock.  Your rights regarding pre-orders are the same as those for any other purchase from us.

When you submit an order to us through the Website, you agree that you do so subject to the then current version of the Customer Terms & Conditions on the date you submit your order.  You are responsible for reviewing the latest Customer Terms & Conditions each time you submit an order.

Acceptance of Your Order

Once you place an order, you will receive an email acknowledging the details of your order.  An email, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute our acceptance of your order. When we send you an acknowledgement, we may give you an order reference number and details of the Product(s) you have ordered. 

We may, in our discretion, refuse to accept an order from you for any reason, including (i) if we are unable to obtain authorization for payment, (ii) shipping restrictions apply to a particular item, (iii) the Product(s) you order are out of stock, do not satisfy our quality control standards or are withdrawn, or (iv) you do not meet the eligibility criteria set out in these Customer Terms & Conditions. Under certain circumstances, we may offer you an alternative Product, in which case we will require you to re-submit an order for the alternative Product.  We will not be liable to you or any third party by reason of our: (i) withdrawal of any Product(s) from the Website, whether or not the Product(s) have been sold, removed, screened or any materials or content on the Website have been edited; or (ii) refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

We reserve the right under certain circumstances and in our discretion, to refuse to process your order at any time, and you reserve the right to cancel your order prior to the date that your order is shipped.  If you would like to cancel your order, or if you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately at support@hellomockingbird.com.

Prices

Prices shown on the Website are in US Dollars and are exclusive of taxes and delivery charges. Once you select a Product that you wish to order and place it in ‘Shopping Cart,’ you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “Checkout” in ‘Shopping Cart.’

All prices and offers remain valid as advertised from time to time, except in cases of error as set forth below.  If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price.  While every effort is made to ensure that details on the Website are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as reasonably practicable. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.

If you are a customer whose credit/debit card is not denominated in US Dollars, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.

Payment

Payment for Products can be made by a valid credit/debit card issued by a bank acceptable to us in our discretion, and by any other methods which may be provided on the Website from time to time.

We take reasonable care to make our Website secure. All credit/debit card transactions on the Website are processed using Stripe, a secure online payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transactions that you have initiated.  We do not store your credit card information on our Website but rely on Stripe to do so.  See https://stripe.com for more information on how Stripe protects your information. 

We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Website.

Delivery

We are responsible for each purchase that you make during the time it is in transit until we receive confirmation from the third-party carrier that it has been delivered to your designated delivery address. Although our goal is to deliver the Product(s) to you at the place of delivery designated in your order, please note that we do not deliver our Products outside of the United States and it may not be possible for us to deliver to certain locations within the United States. Should this be the case, we will inform you using your contact details and arrange for cancellation of your order or an alternative delivery address.

Delivery of any Product may require a signature acknowledging receipt to be delivered. Such Products cannot be left at your designated delivery address if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at your designated delivery address who is 18 years of age or older will be deemed to be authorized to accept delivery on your behalf. Once we receive confirmation from the third-party carrier that a Product has been delivered to your designated delivery address, or if a signature is required, delivery is signed for by someone at your designated delivery address, responsibility for your purchased Product(s) passes to you. 

Our goal is to ship all purchased Products as soon as reasonably practicable. If you have chosen to have an eligible Product monogramed or personalized, such monograming or personalization may increase the shipping time for such Product. Under certain circumstances, your order may be processed with multiple shipments.  Although it is our intention to deliver Product(s) in accordance with any confirmed delivery date we have given to you for any order, we cannot guarantee firm delivery dates.  We will endeavor to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but we will not be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. 

We might offer you an option for express delivery of your order.  The availability of express delivery will always be subject to our discretion, availability of stock, subject to a surcharge, and be dependent on your designated delivery location.

Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any obvious faults, defects or damage, and to notify us as soon as reasonably practicable to the extent that you discover any mistakes, faults, defects or damage.

With respect to Products that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at your designated delivery address on the designated delivery date, if you refuse to sign for delivery of the Product(s) on delivery or if you do not (within two weeks of our first attempt to deliver the Product(s)) accept delivery or collect the Product(s) from the third-party carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (x) charge you for our reasonable storage fees and other costs reasonably incurred by us, including redelivery costs; and/or (y) no longer make the Product(s) available for delivery or collection and notify you that we are cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).

Returns

If you have chosen to return a Product eligible for return, you are responsible for following our return policy and returning the Product not later than 30 days from the delivery date. The 30-day return period is only valid for products purchased directly from hellomockingbird.com.

To return a Product, start by clicking the yellow circular chat icon on the bottom right hand corner of this page, then clicking the “Chat” tab and selecting “New Conversation”. Select “Mockingbird gear I own” and then “Start a return”, and you’ll be taken through the steps to complete your return.

Returning Products is always at your risk.  If you return a Product for any reason, you must ensure that it is adequately packaged.  We will not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost while being returned to us.

Upon receipt of an authorized return of a Product in good, sellable condition, you will receive a refund that will be credited to the original payment method.  Refunds will be in the amount of the Product price plus taxes, if applicable, for each Product returned, but will not include the original shipping cost.  We will process the refund due to you as soon as reasonably practicable after the Product(s) have been returned to us. Please note that refunds can take up to ten working days to appear in your account due to varying processing times between payment providers. 

We will keep a record of your order and these Customer Terms & Conditions for one year after we have accepted your order. However, for your future reference we recommend that you print and keep a copy of these Customer Terms & Conditions, your order and the Confirmation of Order.

We offer a flexible return policy to make your online shopping experience even easier.  However, we do monitor the number of returns made and may refuse to accept orders at our discretion if Products are returned repeatedly.

Product Warranties

We proudly stand behind our Products. For specific warranty information applicable to our Products, please see “Warranty” (the “Product Warranties”). To the extent there is a conflict between the terms of any Product Warranty and these Customer Terms & Conditions, the terms of the applicable Product Warranty shall govern. If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at support@hellomockingbird.com.

Governing Law and Jurisdiction

These Customer Terms & Conditions and any dispute that may arise between you and us will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).  DISPUTES ARISING FROM THESE CUSTOMER TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW.  BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Customer Terms & Conditions and/or any Products or services purchased from the Website, you and we agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested.  You must send any notice of dispute to support@hellomockingbird.com. We will send any notice of dispute to you at the contact information we have for you. You and we will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent.  If we are unable to resolve a dispute by negotiation, you agree that such dispute must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Customer Terms & Conditions. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.  

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to support@hellomockingbird.com. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

You agree to arbitrate with us only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.  For certain claims, like violations of these Customer Terms & Conditions, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York.