Terms & Conditions
Last Updated: June 20, 2025 | Effective Date: June 20, 2025
Welcome to MomStitched ("we," "our," or "us"). By accessing or placing an order on momstitched.com (the "Website"), you agree to be legally bound by these Terms & Conditions ("Terms"). Please read them carefully before using our services. If you do not agree with any part of these Terms, please discontinue use of the Website immediately.
These Terms apply to all visitors, customers, and other users of the Website regardless of their location.
1. Company Information
Business Name: MomStitched
Registered Address: Market, Lucknow, Uttar Pradesh, India – 256320
Email: momstitched.official@gmail.com
Phone: +91 85698 74589
2. Eligibility & Account Registration
- You must be at least 18 years old to create an account or make a purchase. Users between 13–17 may browse with verifiable parental or guardian consent and supervision.
- By registering, you represent that all information you provide is accurate, current, and complete.
- You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately at momstitched.official@gmail.com if you suspect unauthorized access.
- We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
- One account per person. Creating multiple accounts to abuse promotions or discounts is strictly prohibited.
3. Products, Pricing & Availability
- All products listed on MomStitched are subject to availability. We reserve the right to discontinue any product at any time without prior notice.
- Prices are listed in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise. For international customers, currency conversion rates and additional duties are the buyer's responsibility.
- We make every effort to display product colors, dimensions, and descriptions accurately; however, actual colors may vary slightly due to monitor settings. Custom/handcrafted items may have minor natural variations.
- We reserve the right to correct pricing errors. If a product is listed at an incorrect price, we will notify you before processing your order and give you the option to proceed at the correct price or cancel.
- Promotional prices and discounts are valid only for the stated period and cannot be applied retroactively.
4. Orders & Contract of Sale
- Placing an item in your cart does not constitute a binding order. A contract is formed only when you receive an order confirmation email from us.
- We reserve the right to refuse or cancel any order at our sole discretion, including orders suspected of fraud, incorrect pricing, or stock unavailability. A full refund will be issued in such cases.
- For custom or made-to-order products, cancellations may not be accepted once production has commenced.
- You are responsible for providing accurate shipping details. We are not liable for non-delivery caused by incorrect addresses.
5. Payments
- We accept payments via major credit/debit cards, UPI, net banking, and other methods displayed at checkout.
- All transactions are processed through PCI-DSS compliant payment gateways. We do not store your full card details on our servers.
- By submitting payment, you confirm that you are the authorized cardholder or account owner.
- In the event of a payment dispute or chargeback initiated without first contacting us, we reserve the right to suspend your account pending resolution.
- For international orders, your bank or card provider may charge foreign transaction fees. We are not responsible for such charges.
6. Shipping & Delivery
- We ship within India and to select international destinations. Delivery timelines vary by location and are estimates, not guarantees.
- Domestic orders are typically dispatched within 2–5 business days; international orders within 5–10 business days, subject to customs clearance.
- Shipping charges, if applicable, are displayed at checkout before payment.
- Risk of loss or damage passes to you upon delivery. If your package arrives visibly damaged, please refuse delivery and contact us within 24 hours.
- International customers are solely responsible for all import duties, VAT, GST, or customs fees imposed by their country.
- We are not responsible for delays caused by third-party carriers, customs, natural disasters, or other events beyond our control.
7. Returns, Refunds & Exchanges
- We offer returns within 7 days of delivery for items that are unused, unwashed, in original condition, and with all tags attached.
- Custom-made, personalized, or altered items are non-returnable unless they arrive defective or damaged.
- To initiate a return, contact us at momstitched.official@gmail.com with your order number and photos of the item.
- Approved refunds are processed within 5–10 business days to the original payment method.
- Return shipping costs are the customer's responsibility unless the return is due to our error (wrong item, defective product).
- Exchanges are subject to stock availability. If the desired item is unavailable, a store credit or refund will be offered.
- Consumer Protection Compliance: Our return policy is designed to comply with the Indian Consumer Protection Act 2019, EU Consumer Rights Directive, UK Consumer Rights Act 2015, Australian Consumer Law, and US FTC guidelines on refunds and returns. If your local consumer protection laws grant you stronger rights, those rights are not affected by these Terms.
8. Intellectual Property
- All content on this Website — including but not limited to text, graphics, logos, photographs, designs, product names, and software — is the exclusive property of MomStitched and is protected under applicable Indian and international copyright, trademark, and intellectual property laws.
- You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content without our prior written consent.
- Limited, non-exclusive, non-transferable permission is granted to access and use this Website for personal, non-commercial shopping purposes only.
- Any unauthorized use may result in legal action under the Copyright Act 1957 (India) and equivalent international statutes.
9. User Conduct & Prohibited Activities
You agree not to:
- Use the Website for any unlawful, fraudulent, or malicious purpose.
- Attempt to gain unauthorized access to our systems, servers, or databases.
- Transmit viruses, malware, or any other harmful code.
- Scrape, crawl, or data-mine the Website without express written permission.
- Post or transmit content that is defamatory, harassing, obscene, or infringes on any third party's rights.
- Impersonate any person or entity or misrepresent your affiliation with MomStitched.
- Engage in any activity that interferes with or disrupts the Website's operation.
10. Privacy & Data Protection
- Our collection and use of your personal data is governed by our Privacy Policy, which forms part of these Terms.
- GDPR (EU/EEA Customers): If you are located in the European Union or European Economic Area, you have the right to access, rectify, erase, restrict, or port your personal data, and to withdraw consent at any time. To exercise these rights, contact us at momstitched.official@gmail.com.
- CCPA (California Customers): California residents have the right to know what personal information we collect, to request deletion, and to opt out of the sale of personal information. We do not sell personal information to third parties.
- India (DPDP Act 2023): We comply with the Digital Personal Data Protection Act 2023 and process your data lawfully, fairly, and transparently.
- We use cookies and similar tracking technologies to improve your browsing experience. You may manage cookie preferences through your browser settings or our cookie consent banner.
11. Third-Party Links & Services
- Our Website may contain links to third-party websites or services (e.g., payment processors, social media platforms). These links are provided for convenience only.
- We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites.
- We encourage you to review the terms and privacy policies of any third-party services you access through our Website.
12. Disclaimer of Warranties
- The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
- Nothing in this clause affects your statutory rights as a consumer that cannot be excluded or limited by applicable law.
13. Limitation of Liability
- To the fullest extent permitted by applicable law, MomStitched, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or products.
- Our total liability to you for any claim arising out of or related to these Terms shall not exceed the total amount paid by you for the specific order giving rise to the claim.
- These limitations do not apply to death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless MomStitched and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website.
15. Governing Law & Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
- Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Lucknow, Uttar Pradesh, India.
- If you are a consumer based in the EU, UK, or Australia, mandatory local consumer protection laws of your country may also apply and are not overridden by this clause.
16. Dispute Resolution
- We encourage you to contact us first at momstitched.official@gmail.com to resolve any dispute informally within 30 days.
- If informal resolution is unsuccessful, disputes shall be settled by binding arbitration under the Arbitration and Conciliation Act 1996 (India), with a sole arbitrator mutually agreed upon.
- EU customers may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
- Class action waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class action lawsuits to the extent permitted by applicable law.
17. Force Majeure
MomStitched shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, war, civil unrest, power failures, internet outages, or strikes.
18. Modifications to Terms
- We reserve the right to amend these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date.
- For material changes, we will notify registered users via email at least 14 days before the changes take effect.
- Continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
19. Severability & Entire Agreement
- If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
- These Terms, together with our Privacy Policy, constitute the entire agreement between you and MomStitched regarding your use of the Website.
Contact Us
If you have any questions, concerns, or requests regarding these Terms & Conditions, please reach out to us:
- Email: momstitched.official@gmail.com
- Phone: +91 85698 74589
- Address: MomStitched, Market, Lucknow, Uttar Pradesh, India – 256320
Thank you for choosing MomStitched. We are committed to providing you with a safe, reliable, and enjoyable shopping experience.