Términos y condiciones

CGC - Terms of Service

GENERAL TERMS AND CONDITIONS OF SALE

0. PRE-CONTRACTUAL INFORMATION

Set forth below, for your review and understanding, are these General Terms and Conditions of Sale (the “General Terms”), which apply to all remote commercial purchase and sale transactions for items and/or products carried out electronically through the website https://www.soymomo.us (the “Website”), from the moment the WEBSITE OWNER sends the CUSTOMER these General Terms in the order confirmation document, and not at any earlier time.

These General Terms will remain in force and valid for as long as they are accessible through the Website. If you do not agree with them, you should not use this Website.

The WEBSITE OWNER reserves the right to modify these General Terms in whole or in part at any time, as well as any legal notices, guidelines, and/or rules of use contained on the Website, which, as applicable, will replace, supplement, and/or amend these General Terms, without affecting items and/or products purchased prior to such modification.

Such modifications may be made through the Website by any means permitted by law and will be binding for as long as they are published on the Website and until validly replaced by subsequent modifications.

The WEBSITE OWNER informs the CUSTOMER that the CUSTOMER may access the General Terms by clicking the “General Terms and Conditions of Sale” link. We recommend that the CUSTOMER review the General Terms periodically, as they may be amended. The current version of these terms may be consulted at any time at https://www.soymomo.us/pages/terms-of-service.

Notwithstanding the foregoing, the WEBSITE OWNER reserves the right to apply, in certain cases, specific terms and conditions in preference to these General Terms whenever deemed appropriate, announcing them in due time and form.

In the event of any conflict between the terms stated in these General Terms and any specific terms, the terms agreed in the latter will prevail with respect to those incompatible provisions, and only with respect to those items and/or products subject to such specific terms.

Acceptance of this contractual document means that the CUSTOMER:

  • Has read, understands, and accepts everything stated herein.
  • Is a natural person or represents a legal entity with sufficient legal capacity to enter into a contract.
  • Accepts all conditions and obligations set forth herein.

1. PARTIES AND IDENTITY OF THE PARTIES

On the one hand, the WEBSITE OWNER is SOYMOMO US, operator of the Website https://www.soymomo.us, with customer support available at contact@soymomo.com.

On the other hand, the CUSTOMER is the user who places an order through the Website, whether as a registered user or as a guest user without registration, and who bears full responsibility for the use and safekeeping of any credentials used, and for the accuracy of the personal data provided to the WEBSITE OWNER.

Only a natural person or legal entity that adequately proves its identity and accepts these General Terms and any applicable Specific Terms, together with the Legal Notice, Privacy Policy, and Cookie Policy governing the commercial relationship, shall be considered a CUSTOMER, from the moment the WEBSITE OWNER sends the General Terms in the order confirmation document, and not at any earlier time.

If you do not agree with any part of these terms, you may not purchase any items and/or products offered on the Website.

If you are an individual, the purchase of products by persons under 18 years of age is expressly prohibited. Orders placed through the Website by a minor who provides false information will be deemed to have been made under the supervision and authorization of such minor’s parents, guardians, or legal representatives.

2. PURPOSE OF THE CONTRACT

These General Terms govern the commercial relationship arising between the WEBSITE OWNER and the CUSTOMER for purchases of items and/or products made through the Website.

Accordingly, the CUSTOMER shall only be bound by the General Terms from the moment the CUSTOMER receives from the WEBSITE OWNER all of the purchase terms in the order confirmation document.

The contract entails delivery, in exchange for payment of a certain price publicly displayed on the Website, of a specific item and/or product.

These Terms and any document expressly referred to in them constitute the entire agreement between the CUSTOMER and the WEBSITE OWNER in relation to the sale and purchase and supersede any prior oral or written agreement, arrangement, or promise between the same parties.

The CUSTOMER and the WEBSITE OWNER acknowledge that they have entered into the contract without relying on any statement or promise made by the other party except as expressly set forth in these Terms.

3. CONDITIONS OF ACCESS TO AND USE OF THE WEBSITE

Access to the Website is free of charge, except for any telecommunications connection costs supplied by the user’s internet access provider.

Access to most Website content is completely free and does not require prior registration, without prejudice to the fact that the WEBSITE OWNER may condition the use of certain services offered on the Website on completion of the corresponding form and, where applicable, payment of certain amounts.

Access to the Website by persons under 18 years of age is prohibited. However, if a minor accesses the Website, such access will be presumed to have taken place with the prior and express authorization of the minor’s parents, guardians, or legal representatives, without prejudice to the WEBSITE OWNER’s right to carry out any verification it deems appropriate.

Under no circumstances shall the WEBSITE OWNER be responsible for the truthfulness of the data provided by the user, and the user shall be solely responsible for ensuring that the information provided to the WEBSITE OWNER is appropriate, accurate, and precise, or, failing that, for any consequences resulting from the poor quality of the data or false or inaccurate statements.

3.1. Requirements to Obtain Guest User Status

The purchase of items and/or products made available by the WEBSITE OWNER may be carried out as a guest user, without prior registration.

Guest users may be natural persons over eighteen (18) years of age and legally constituted legal entities with sufficient capacity to contract, provided that they supply through the Website all information required as mandatory regarding identification, delivery address, billing information, and chosen payment method.

4. DESCRIPTION OF ITEMS AND/OR PRODUCTS

In compliance with applicable law, the WEBSITE OWNER provides, in each section of the Website and depending on the type of item and/or product concerned, information about such item and/or product, its features, and prices, including:

  • Smartwatches / GPS watches for kids
  • Tablets for kids with integrated parental control app
  • Baby monitors
  • Headphones
  • Product accessories: screen protectors, replacement chargers, straps

The items and/or products offered, as well as any others that may be offered through the Website in the future, shall be delivered in exchange for the corresponding payment by the CUSTOMER and shall confer on the CUSTOMER a right of use subject to the time periods, conditions, and terms of these General Terms and any Specific Terms that may apply.

However, the WEBSITE OWNER reserves the right to withdraw, replace, or change the items and/or products offered through the Website by simply changing the content thereof.

Accordingly, the items and/or products offered on the Website at any given time shall be governed by the General Terms in force in each case. Likewise, the WEBSITE OWNER may cease offering, without prior notice and at any time, access to the aforementioned products.

The descriptions established in each case shall govern the provision by the WEBSITE OWNER of the items and/or products offered to the CUSTOMER.

4.1. Availability of Items and/or Products

The availability of items and/or products offered by the WEBSITE OWNER through the Website may vary depending on CUSTOMER demand. Although the WEBSITE OWNER updates stock periodically, the product requested by the CUSTOMER may be out of stock at that time. In such case, the WEBSITE OWNER will contact the CUSTOMER by email or telephone to resolve the issue, offering a similar alternative item and/or product, the option to wait until the selected item and/or product becomes available again, or the cancellation of the order.

4.2. Pricing and Validity of Prices

Prices for items and/or products are shown in U.S. dollars (USD) and include any applicable sales tax only where required by law and where such tax is collected at checkout. Unless expressly stated otherwise, prices do not include shipping, handling, packaging, shipment insurance, or any additional services related to the purchased item and/or product.

Shipping costs are borne by the CUSTOMER and will be added to the total amount of the selected items and/or products. The CUSTOMER will be informed of such costs before confirming the order and completing the checkout process.

The prices shown on the Website apply exclusively to items and/or products offered through the Website and only for as long as they remain published and automatically applied during the final stage of checkout.

The WEBSITE OWNER expressly reserves the right to modify prices at any time without prior notice. However, in all cases, the rates in force at the time the corresponding order is placed shall apply.

Every payment made to the WEBSITE OWNER shall give rise to the issuance of an invoice or purchase receipt in the name of the CUSTOMER. Such invoice or receipt will automatically be sent to the email address provided by the CUSTOMER and/or included with the purchased item and/or product where applicable.

By accepting these General Terms, the CUSTOMER authorizes and expressly consents to the WEBSITE OWNER issuing and sending the purchase invoice or receipt by email in electronic format (.pdf), except where the CUSTOMER expressly requests a paper copy by postal mail.

To request a paper invoice or receipt, the CUSTOMER may contact Customer Service at contact@soymomo.com.

For any information about an order, to change a shipping or billing address, or to correct errors in the information provided to process a purchase request on the Website, the CUSTOMER must contact the WEBSITE OWNER at contact@soymomo.com, providing the order number assigned and indicated in the purchase confirmation email.

Promotional Codes: Terms and Conditions

The WEBSITE OWNER may issue single-use promotional codes as an incentive for customers.

Where the WEBSITE OWNER reasonably believes that a customer has intentionally circumvented measures established to restrict such use, the WEBSITE OWNER may adjust that customer’s subsequent order accordingly. When using promotional codes, CUSTOMERS are responsible for ensuring that the relevant promotion or discount is correctly reflected at checkout and during the applicable promotional period.

CUSTOMERS must contact the WEBSITE OWNER immediately if they detect any error or if a promotional code is not correctly applied to a purchase.

The types of offers and promotions offered by the WEBSITE OWNER may vary depending on business needs. Each promotional code made available to CUSTOMERS will specify the purchases to which it may be applied, the benefit conferred, and its expiration date.

The offer is subject to valid checkout information and acceptance of the Website’s standard terms and conditions.

Promotional codes are non-transferable and may not be sold or redeemed for cash. Only one promotional code may be used per customer and only for purchases of items and/or products made through the Website. Use of any promotional code constitutes acceptance of these terms and conditions.

5. PURCHASE PROCESS

The checkout process on the online store may be completed in English.

To access the items and/or products offered by the WEBSITE OWNER as a guest user, without registration, the CUSTOMER must freely and voluntarily provide the personal data required in the order form.

Once the checkout process is complete, the WEBSITE OWNER’s platform will inform the CUSTOMER by email of all the characteristics, price, shipping method, date of purchase, and estimated delivery period for the purchased item and/or product.

The contracting procedure is as follows:

  1. The CUSTOMER, as a guest user, must select the item(s) and/or product(s) to be purchased and add them to the shopping cart by clicking the “Add to Cart” button.
  2. The CUSTOMER may verify that the selected item(s) and/or product(s) have been correctly added to the shopping cart.
  3. The CUSTOMER will then be shown an electronic form to complete with full personal information, full delivery address for shipment, and full billing address, if different from the delivery address.
  4. The CUSTOMER will select the shipping option to be used for receiving the order.
  5. The CUSTOMER will choose one of the payment methods established by the WEBSITE OWNER on the Website.
  6. Before submitting the order, the CUSTOMER must carefully read these General Terms and the basic privacy information made available and accept them in full by checking the relevant box.
  7. A detailed summary of the order will then be displayed for review, including:
    • Product image
    • Product description
    • Unit price
    • Quantity
    • Subtotal
    • Shipping address
    • Billing address
    • Order summary
    • Total amount due
  8. The order will be processed once the CUSTOMER clicks the “Confirm Purchase” button.
  9. Once the purchase has been made, the CUSTOMER will receive, at the email address provided for that purpose, confirmation of the purchase (“Proof of Purchase”), which will serve as evidence of the transaction and may be printed. The order confirmation and Proof of Purchase do not constitute an invoice.

Communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and stored in the WEBSITE OWNER’s computerized records in order to constitute proof of the transactions, always subject to reasonable security conditions and applicable laws and regulations, particularly those relating to data protection and privacy.

6. PAYMENT METHODS

To proceed with payment, the CUSTOMER must follow each and every instruction displayed on the Website. Payment for items and/or products may only be made using the payment methods indicated on the Website at any given time.

In the case of payment by credit and/or debit card, payment will be subject to checks and authorization by the issuing entities. If such entity does not authorize payment, the purchase procedure may not continue, the order will be automatically cancelled, and the sale of the requested product shall be deemed not completed. The amount of the item and/or product price, as well as any applicable taxes, will be displayed at the time the order is finalized.

The payment methods available on the Website may include:

  • PayPal: The CUSTOMER may pay the amount of the shopping cart through PayPal’s payment gateway. If this option is chosen, the CUSTOMER may also use a credit or debit card through PayPal where available.
  • Stripe: The CUSTOMER may pay the amount of the shopping cart through Stripe’s payment platform.
  • Bank Transfer: The CUSTOMER may choose to pay for the order by bank transfer by following the instructions provided on the Website and in the email received after selecting this method.
  • Klarna

The CUSTOMER’s purchase may be delayed for anti-fraud verification and may also be suspended for a longer period for more rigorous investigation in order to prevent fraudulent transactions.

7. SALES TAX

Sales tax will be applied in accordance with applicable U.S. federal, state, and local tax law based on the shipping destination and other relevant tax rules in effect at the time of purchase.

The CUSTOMER acknowledges that orders shipped to certain jurisdictions may be subject to local taxes, duties, customs charges, or other governmental fees, which may be charged at checkout or collected upon delivery depending on applicable law and logistics arrangements. Unless expressly stated otherwise, the CUSTOMER is responsible for such destination charges.

For more information, the CUSTOMER should contact the relevant tax or customs authority in the destination jurisdiction.

8. ORDER PROCESSING

Once payment for the item and/or product has been verified for the full amount indicated during checkout, the WEBSITE OWNER will begin processing the order.

The WEBSITE OWNER does not guarantee the price offered in an order for more than five (5) days from the date of the order. If payment is not made within five days by the established methods, the price may be modified.

The CUSTOMER consents to the invoice or receipt being sent by the WEBSITE OWNER in electronic format to the email address provided. The CUSTOMER may revoke this consent at any time by sending an email to contact@soymomo.com to request a paper copy.

The CUSTOMER is advised to print and/or save a copy of these sales terms when placing the order, as well as the order acknowledgment sent by the WEBSITE OWNER by email.

The WEBSITE OWNER will deliver the items and/or products substantially as described on the Website.

Merchandise may travel insured to its destination where applicable, with the cost of such insurance included in the corresponding handling and shipping charges where so indicated.

In the event of any issue detected in the delivery of the merchandise, the CUSTOMER must contact the WEBSITE OWNER using the contact methods provided, describing all aspects related to the delivery incident.

9. SHIPPING CONDITIONS FOR ITEMS AND/OR PRODUCTS

Items and/or products purchased through the Website will be shipped to the postal address indicated in the order form. Orders may not be shipped to P.O. Boxes or public places such as streets, squares, stations, airports, or similar locations unless expressly permitted by the Website at checkout.

Shipping carriers and delivery methods may vary depending on destination, product type, and logistics availability.

Delivery time for items and/or products will depend on the shipping destination and, in any case, will begin to run from the time the WEBSITE OWNER receives payment for the order. However, the WEBSITE OWNER shall not be liable for failure to meet such dates when caused by circumstances beyond the WEBSITE OWNER’s reasonable control.

If the contract cannot be performed by the WEBSITE OWNER because the purchased item is unavailable, the CUSTOMER will be informed of such unavailability by email and the WEBSITE OWNER will refund the sums paid without undue delay.

9.1. Delivery Timeframes

Orders placed through the Website may currently be shipped to destinations within the United States, subject to product availability and shipping restrictions disclosed at checkout.

Once payment for the order has been confirmed, if the requested items and/or products are available, orders will be shipped from the WEBSITE OWNER’s warehouse to the delivery address specified by the CUSTOMER.

Delivery times depend on the CUSTOMER’s physical location, or on the locations of any recipients where applicable, as well as on the time the order is placed.

Estimated delivery times shown at checkout are estimates only and are not guaranteed unless explicitly stated otherwise.

As a general rule, and unless circumstances arise from product customization or unforeseen or extraordinary circumstances occur, the order consisting of the selected item(s) and/or product(s) will be delivered within the indicated estimated delivery periods and, in any event, within a maximum of thirty (30) business days from the date of order confirmation, unless otherwise required by applicable law.

If shipment is delayed and the WEBSITE OWNER cannot meet the estimated delivery period, the WEBSITE OWNER will contact the CUSTOMER by email or telephone to resolve the issue, offering a similar alternative item and/or product, the option to wait until the selected item and/or product is ready for shipment, or order cancellation.

9.2. Shipping Charges

Shipping charges for orders, including any corresponding taxes, will be displayed during the purchase process before the order is finalized.

9.3. Impossibility of Delivery

If delivery of your order proves impossible, Customer Service will contact the CUSTOMER to arrange a new delivery date if the CUSTOMER will not be present at the delivery location at the agreed time.

If, after fifteen (15) days from the date your order is available for delivery, the order has not been delivered for reasons not attributable to the WEBSITE OWNER, we will understand that you wish to withdraw from the contract and it will be deemed terminated. As a consequence of the termination of the contract, all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), will be refunded without undue delay and, in any event, no later than fourteen (14) days from the date on which we deem the contract terminated. Please note that transportation resulting from the termination may involve an additional cost, and we may pass through such costs where permitted by law.

If for any reason we are unable to meet the delivery date, we will inform you and give you the option either to continue with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid.

For the purposes of these Terms, “delivery” or an order being “delivered” shall be understood to have occurred at the moment you, or a third party indicated by you, acquire physical possession of the products.

The WEBSITE OWNER assumes no liability whatsoever where delivery of the order cannot be completed because the information provided by the CUSTOMER is false, inaccurate, or incomplete, the CUSTOMER assuming any responsibility related to non-delivery on that basis.

If the CUSTOMER does not receive the order within the delivery periods established in these Terms, counting from the date of dispatch from the warehouse, the CUSTOMER may contact the WEBSITE OWNER at contact@soymomo.com.

The WEBSITE OWNER will make every reasonable effort to comply with the indicated delivery period and, if it becomes aware that it will not be able to do so for any reason, will inform the CUSTOMER by email or telephone.

The WEBSITE OWNER will inform the CUSTOMER of the unavailability of the item and/or product as soon as it has been informed by the supplier or otherwise becomes aware of the impossibility of supplying the requested product.

The CUSTOMER may decide whether to cancel the order request or request a quotation for an alternative product of similar characteristics.

10. ORDER CANCELLATION AND STATUTORY RIGHT OF WITHDRAWAL

10.1. Information About the Exercise of the Legal Right of Withdrawal

If the CUSTOMER is a consumer and the contract is concluded without the simultaneous physical presence of the CUSTOMER and the WEBSITE OWNER (distance sale), the CUSTOMER shall enjoy the withdrawal right described in this section to the extent required by applicable law.

The CUSTOMER has the right to withdraw from the purchase made through the Website and therefore, if not satisfied, and provided that the nature of the purchased product so permits, may return it within a maximum period of fourteen (14) calendar days from the date of delivery of the order to the indicated address and without giving any reason, where required by applicable law.

The period for exercising this right is fourteen (14) calendar days from receipt of the product by the CUSTOMER or from conclusion of the contract in the case of services, without penalty for exercising it.

To exercise the right of withdrawal, the CUSTOMER must notify the WEBSITE OWNER of the decision to withdraw from the contract by means of a statement made in any legally admissible form. The CUSTOMER may use the model withdrawal form set out below, although its use is not mandatory.

10.2. Model Withdrawal Form

Website Owner Details
SOYMOMO US
Email: contact@soymomo.com

I hereby give notice that I withdraw from my contract of sale for the following item and/or product: _ purchased on _

  • Consumer name
  • Consumer address
  • Signature (if submitted on paper)
  • Date

To exercise the right of withdrawal, the CUSTOMER must notify the WEBSITE OWNER of the decision to withdraw from the purchase contract through written communication sent by email to contact@soymomo.com. If you use this option, we will promptly acknowledge receipt of such withdrawal by email.

10.3. Consequences of Withdrawal

In the event of withdrawal, the WEBSITE OWNER will reimburse the consumer for the total amount of the purchase, that is, the price of the item and/or product plus the initial shipping costs paid when making the purchase, before fourteen (14) calendar days have elapsed from the date on which the WEBSITE OWNER was informed of the consumer’s decision to withdraw from the contract, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any costs as a result of the reimbursement.

The refund of the purchase amount will be made through the same payment method with which the item and/or product was purchased by the CUSTOMER.

The WEBSITE OWNER may withhold reimbursement until it has received the items and/or products, or until the CUSTOMER has supplied reliable and verified proof of their return, whichever occurs first.

The exercise of the right of withdrawal shall not be subject to any formality, although the consumer may be required to return the item and/or product in proper condition, without limiting the use of the product beyond what is necessary to establish the nature, characteristics, and functioning of the product.

For purposes of the right of withdrawal, it is not essential that items and/or products be returned in their original packaging.

The CUSTOMER shall be liable for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics, or functioning.

In all cases, for purposes of exercising the right of withdrawal, it is essential that the items and/or products be in proper usable condition. Before returning the item and/or product, the CUSTOMER must ensure that it is duly protected so that it does not suffer damage during transport.

The CUSTOMER is informed that, when exercising the right of withdrawal, the shipping costs for returning the purchased items and/or products from the CUSTOMER’s address to the WEBSITE OWNER’s warehouse shall be borne by the CUSTOMER unless applicable law provides otherwise.

To meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of this right to be sent before the corresponding deadline expires.

10.4. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to those items and/or products for which, by their nature, it is impossible to carry it out, without prejudice to any corresponding claim for damages, including, specifically but not exclusively:

  1. Products made to the consumer’s specifications or clearly personalized, or which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
  2. Sealed items and/or products not suitable for return for health protection or hygiene reasons once unsealed and/or used after delivery.

The CUSTOMER’s withdrawal right shall terminate early if the WEBSITE OWNER, with the CUSTOMER’s express consent or at the CUSTOMER’s initiative, has fully performed the contracted service before the withdrawal period expires.

Accordingly, the CUSTOMER does not have a right of withdrawal if the WEBSITE OWNER supplies items and/or products manufactured according to the CUSTOMER’s specifications, clearly designed based on the CUSTOMER’s needs, unsealed and/or used after delivery, or if the CUSTOMER has requested the provision of a service before the withdrawal period expires.

11. CONTRACTUAL EXTENDED RETURN RIGHT

To help ensure CUSTOMER satisfaction, the WEBSITE OWNER may accept the return by mail of products ordered through the Website beyond the legal withdrawal period described above, subject to the conditions set out below (the “contractual extended return right”).

11.1. Time Period for Exercising the Contractual Extended Return Right

The CUSTOMER has one (1) month from the date of receipt of the order to return the items and/or products.

11.2. Exercise of the Contractual Extended Return Right

The method for exercising the contractual extended return right is the same as described in Section 10.2 of these General Terms.

11.3. Products Excluded from the Contractual Extended Return Right

The contractual extended return right may not be exercised in the exceptions described in Section 10.4 of these General Terms.

Accordingly, the CUSTOMER is advised that the contractual extended return right may not be exercised with respect to unsealed items whose resale by the WEBSITE OWNER would involve risks for hygiene or consumer health reasons.

Likewise, the CUSTOMER may not exercise the contractual extended return right with respect to products that have been customized at the CUSTOMER’s request. These provisions apply without prejudice to the warranties established in Section 12 of these General Terms, which remain fully applicable.

11.4. Consequences of Exercising the Contractual Extended Return Right

Where products are eligible for the contractual extended return right, the CUSTOMER who exercises such right in accordance with this section, both in time and manner of return, may choose between:

  • Replacement of the returned products with other products sold by the WEBSITE OWNER.
  • Reimbursement by the WEBSITE OWNER of the returned products, as well as the shipping costs of the order.
11.5. Return Shipping Costs Under the Contractual Extended Return Right

Return shipping costs shall be borne by the CUSTOMER except in the case of lack of conformity of the delivered products with the order or in the case of damaged products.

12. WARRANTIES APPLICABLE TO ITEMS AND/OR PRODUCTS

The items and/or products on the Website are original and come with a two (2) year limited warranty, beginning on the date the product is delivered to the customer, to the extent required by applicable law or expressly offered by the WEBSITE OWNER. Proof of purchase shall serve as the warranty document and must be retained.

This warranty applies only to the original purchaser of the product, purchased through the Website or through one of the WEBSITE OWNER’s authorized distributors, and covers manufacturing and material defects provided that the instructions for use are followed.

This warranty does not apply to:

  • Normal wear and tear (including cosmetic damage such as scratches, dents, chips, and rust);
  • Defects or damage caused by misuse, accident, food or liquid spills, fire, natural events, or external causes, abuse, unusual stress, or improper storage;
  • Alteration, modification, testing, improper or unauthorized repair;
  • Use not in accordance with published guidelines;
  • Damage caused by the use of improper accessories, non-original chargers, or software; and
  • Any force majeure event.

Our sole responsibility under this warranty shall be to repair or replace (at our sole discretion) any defective product within the warranty period. If repair or replacement is not possible, a refund will be issued.

To make a warranty claim, you may send us an email at contact@soymomo.com indicating all details of the claimed defect and attaching your proof of purchase. The WEBSITE OWNER will send you a shipping label so that you may send the product for inspection at no cost where applicable.

To request technical assistance for issues not covered by the warranty, you may follow the same procedure, and we will inform you of the repair/replacement measures together with the associated cost. In such cases, you will be responsible for all shipping costs, and we recommend using a tracked shipping service to ensure the product reaches us safely.

For assistance regarding problems with an item and/or product, you may contact our CUSTOMER SERVICE AND AFTER-SALES SUPPORT at contact@soymomo.com.

13. RETURNS

If you are not satisfied with your order, you may return it within 30 calendar days, by exercising your withdrawal or return rights as applicable. This period begins on the day you receive your order.

Products to be returned must be in proper condition, in their original packaging where possible, and with all included accessories.

Return of items and/or products in their original packaging is not mandatory. However, if items and/or products are not returned in the original packaging, the goods may suffer depreciation.

To request a return, you must do so by sending an email to contact@soymomo.com indicating your order number (or proof of purchase), full name, and contact phone number. Additionally, although not mandatory, we would appreciate it if you indicate the reason for the return so we can improve our service, and where relevant, provide photos showing any damage or defect.

Once the request is received, we will send return instructions through the same channel. Where the return is approved and a prepaid label is offered, you must affix the label to the package and deliver it to the designated carrier location.

When the order arrives at the WEBSITE OWNER’s facilities, the condition of the returned products will be inspected. If the return is accepted, the purchase amount will be refunded in full through the same method used for payment. The refund will be made once it has been verified that the returned products meet the above conditions, within a maximum of seven (7) calendar days from receipt of the returned package, subject to payment processor timelines.

For assistance with returning an item and/or product damaged during shipping, incorrect, or defective, you may contact our CUSTOMER SERVICE AND AFTER-SALES SUPPORT at contact@soymomo.com.

14. SIM SUBSCRIPTION SERVICES

The user acknowledges and accepts that, together with the SoyMomo app and devices, the user may access ancillary services offered on a monthly or annual subscription basis, consisting of mobile connectivity plans through a SIM card.

Subscription to these services is voluntary and subject to the specific terms of each plan, including technical requirements, commercial conditions, and billing policies communicated by SoyMomo.

I) BILLING AND AUTOMATIC RENEWAL

All SIM subscriptions automatically renew at the end of each billing cycle unless the user requests cancellation at least five (5) business days before the start of the new cycle.

Renewal implies continuity of the service and automatic acceptance of the charges corresponding to the new period.

Once a new cycle has begun, no refund or retroactive cancellation requests will be accepted, even if the user no longer uses the device or service.

II) CANCELLATION AND REFUNDS

Only the account holder subscribed to the service may request cancellation of the SIM subscription.

Requests made by third parties or persons other than the registered subscriber will not be processed or considered valid.

Requests must be made exclusively through contact@soymomo.com.

It is the subscriber’s responsibility to provide the information necessary to verify account ownership and to request confirmation of receipt and processing of the cancellation. SoyMomo shall not be responsible for requests sent through other channels or for cancellations that are not confirmed.

No refunds will be issued for charges correctly made in accordance with the automatic renewal terms or for partial use of a billing cycle.

SoyMomo may, at its sole discretion, offer temporary pauses or credits for future cycles, without this implying any obligation to issue a refund.

Early Cancellation: If the user cancels the subscription before completing 12 months of service, an early termination charge of $0.45 USD for each remaining month required to complete such minimum period shall apply. This charge corresponds to the cost required by the connectivity service provider and will be billed at the time of cancellation.

III) MODIFICATIONS AND PRICING

SoyMomo may update the prices or conditions of SIM plans by informing the user at least 10 days in advance.

Continued use of the service after such notice implies acceptance of the new conditions.

IV) LIMITATION OF LIABILITY

SoyMomo shall not be responsible for interruptions, failures, or deficiencies in the connectivity service caused by the mobile operator, coverage problems, force majeure, or external causes beyond SoyMomo’s reasonable control.

SoyMomo’s maximum liability to the user shall not exceed the amount paid for the current billing cycle of the SIM service.

15. INFORMATION ABOUT THE DISPOSAL OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)

Electrical and electronic equipment (“EEE”) must not be disposed of in household waste containers or any other container not specifically intended for that purpose, nor in public spaces. Batteries and accumulators not fixed to the EEE must be separated from it. The user may deliver batteries, after use and at the user’s option, to specific collection points.

If the user has purchased electrical or electronic equipment through the Website and has old equivalent equipment that the user wants recycled, the user may request collection at the time the new product is delivered, where such service is available.

Accordingly, when purchasing a product that qualifies as EEE, the user may deliver equivalent WEEE to the WEBSITE OWNER at the point of delivery of the new product or at the user’s address where the new product is supplied, where permitted by applicable law and logistics arrangements.

If the user requires WEEE collection at home, the user must contact Customer Service at contact@soymomo.com.

The user must safely package the EEE for transport, using a stable package that prevents movement of internal components, and must ensure that removable batteries and accumulators are separated from the equipment and that all personal data has been removed.

If the user chooses not to have the old equipment collected, the user may dispose of WEEE free of charge at designated collection points established by local entities, manufacturers, retailers, or other authorized programs in accordance with applicable law.

16. INFORMATION ON THE PROCESSING OF PERSONAL DATA

In accordance with applicable privacy and data protection law, the WEBSITE OWNER informs CUSTOMERS and/or USERS of the Website that all personal data provided through contact or registration forms on the Website, or by sending emails to addresses under the soymomo.com domain, forms part of the WEBSITE OWNER’s records of processing activities and may be used by the company’s departments for the purpose of providing services, processing transactions (management, billing, and shipment of purchased items and/or products), sending newsletters about offers, promotions, and recommendations of the WEBSITE OWNER, as well as sending commercial communications about our items and/or products by mail, telephone, email, SMS/MMS, WhatsApp, Telegram, or other equivalent electronic means, provided that the data subject has consented where such consent is required.

The legal basis for processing is the performance of a contract to which the data subject is a party or the application of pre-contractual measures at the data subject’s request, and/or the obtaining of the data subject’s express consent where required. We will retain personal data for as long as there is a mutual interest in doing so, from the time consent is given until it is withdrawn or restriction of processing is requested, and thereafter in blocked form for the legally required periods. Data will not be disclosed to third parties except where required by law or as described in the Privacy Policy.

By entering data into the electronic forms on the Website, the CUSTOMER gives explicit and unequivocal consent to the WEBSITE OWNER to process the personal data provided for the purposes described above where such consent is required.

Such data will not be transferred by the WEBSITE OWNER to third parties without the CUSTOMER’s explicit and unequivocal consent, without prejudice to the WEBSITE OWNER’s duty to cooperate with competent administrative and judicial authorities that may request data relating to the affected CUSTOMER.

The WEBSITE OWNER also informs the CUSTOMER of the possibility of exercising rights of access, rectification, deletion, restriction of processing, data portability, objection to processing, and not to be subject to automated individual decision-making, in accordance with applicable law. Where processing is based on consent, the CUSTOMER shall have the right to withdraw it at any time by writing to contact@soymomo.com, attaching valid proof of identity and clearly indicating the right the CUSTOMER wishes to exercise.

If you believe that the processing does not comply with applicable law or that your rights have been violated, you may lodge a complaint with the competent supervisory authority or data protection regulator.

Please refer to our Privacy Policy at: https://www.soymomo.us/pages/privacy-policy

17. LIABILITY AND DISCLAIMER OF LIABILITY

The WEBSITE OWNER cannot guarantee the technical continuity of the Website’s online store, the absence of failures or service interruptions, or that the Website will be available or accessible one hundred percent of the time. The Website is hosted on a secure server and protected with SSL security certification, which are the tools available to the WEBSITE OWNER to help control the absence of viruses, worms, or other harmful computer elements.

Under no circumstances shall Website unavailability or the existence of faults therein entitle the CUSTOMER or third parties to claim any compensation, payment, or other benefit.

18. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website, including by way of example but not limitation its programming, editing, compilation, and other elements necessary for its operation, designs, logos, texts, and/or graphics, is the property of the WEBSITE OWNER or, where applicable, the WEBSITE OWNER has a license or express authorization from the authors.

All contents of the Website are duly protected by intellectual and industrial property law and, where applicable, registered in the corresponding public registries.

Any total or partial reproduction, use, exploitation, distribution, and commercialization requires the prior written authorization of the WEBSITE OWNER.

Any use not previously authorized by the WEBSITE OWNER shall be considered a serious infringement of the author’s intellectual or industrial property rights.

Designs, logos, texts, and/or graphics not belonging to the WEBSITE OWNER that may appear on the Website belong to their respective owners, who are themselves responsible for any possible dispute that may arise with respect to them.

The WEBSITE OWNER recognizes in favor of their holders the corresponding industrial and intellectual property rights, and their mere mention or appearance on the Website does not imply the existence of any rights or responsibility of the WEBSITE OWNER over them, nor endorsement, sponsorship, or recommendation by the WEBSITE OWNER.

19. LINKS

The establishment of a hyperlink does not in any case imply the existence of any relationship between the WEBSITE OWNER and the owner of the website on which such hyperlink is established, nor the WEBSITE OWNER’s acceptance or approval of its contents or services.

Those intending to establish a hyperlink must first request written authorization from the WEBSITE OWNER. In any event, the hyperlink shall only allow access to the home page of the Website and must refrain from making false, inaccurate, or incorrect statements or indications about the WEBSITE OWNER, or from including unlawful content or content contrary to good customs or public order.

The WEBSITE OWNER is not responsible for the use that each user makes of the information made available on the Website or for any actions taken based on it.

The WEBSITE OWNER assumes no responsibility whatsoever for the information contained on third-party websites accessible through links from any website owned by the WEBSITE OWNER. The presence of links on the WEBSITE OWNER’s Website is for informational purposes only and in no case implies any suggestion, invitation, or recommendation regarding them.

20. GENERAL PROVISIONS

These Terms have been made available sufficiently in advance in accordance with applicable law. The WEBSITE OWNER also makes these General Terms available so that they may be stored and reproduced, thereby fulfilling the legal duty of prior information.

The WEBSITE OWNER reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website’s online store, its functionalities, and/or the content incorporated therein, as well as to cease providing services at any time, while keeping intact any commercial or other obligations undertaken up to that time.

If any provision or provisions of these Purchase Terms are held to be null, void, or unenforceable, in whole or in part, by any competent court, tribunal, or administrative body, such nullity or unenforceability shall not affect the remaining provisions. In such case, the affected clause or clauses shall be replaced by another or others having effects as similar as possible to those of the replaced clauses.

21. CUSTOMER SERVICE AND AFTER-SALES SUPPORT

For any inquiry, suggestion, complaint, or claim relating to the purchase of items and/or products, you may contact us through:

Business hours, if applicable, will be those published on the Website or communicated by Customer Service.

22. ONLINE DISPUTE RESOLUTION

If the CUSTOMER has had a problem with an online purchase or service, the CUSTOMER may have access to consumer dispute resolution channels available in the CUSTOMER’s jurisdiction.

For customers in the United States, disputes may also be resolved in accordance with applicable consumer protection laws and any dispute resolution process described in these Terms or elsewhere on the Website.

23. EVENTS OUTSIDE OUR CONTROL

We shall not be liable for any failure or delay in performing any of our obligations where such failure or delay is caused by events beyond our reasonable control (“Force Majeure Event”).

Force Majeure Events include any act, event, non-exercise, omission, or accident beyond our reasonable control and include, among others, the following:

  1. Strikes, lockouts, or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport, or other public or private means of transport.
  5. Impossibility of the use of public or private telecommunications systems.
  6. Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Our obligations shall be deemed suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations despite the Force Majeure Event.

24. GOVERNING LAW AND JURISDICTION

These General Terms shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal laws of the United States, without regard to conflict of law principles.

The parties submit, at their election and to the extent permitted by applicable law, to the courts located in the State of Florida for the resolution of any disputes arising from these General Terms, unless mandatory consumer protection law requires otherwise.

If any clause included in these General Terms is declared wholly or partially null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part of it that is null or ineffective, and these General Terms shall remain in force in all other respects, with such provision deemed severed to that extent.

Likewise, these Terms are subject to any other provision, regulation, or law directly or indirectly applicable to them.