THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MODERN DAY BABY, INC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services (collectively, “Products”) through www.moderndaybaby.com (the “Site”). By clicking “I ACCEPT” OR “I AGREE” during the checkout process, you agree to be legally bound to these Terms of Sale. These Terms are subject to change by MODERN DAY BABY, INC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

1. Order Acceptance and Cancellation.

You agree that your order is an offer to rent or purchase, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

2. Purchase Options

The Company strives to create a circular economy for clothing to reduce the amount of clothing that ends up in landfills.  There are four ways you can shop on MODERN DAY BABY, INC’s Site:

• MODERN DAY BABY, INC Capsules. We offer curated capsules for babies up to 2 years old. This is a subscription rental base model where you, (the customer) will pay each month, and return clothes before the renewal date. New capsules will be issued every 90 days unless you pause or cancel. You (the customer) must return current capsule in our double seal poly-mail bag; we must receive the Tracking Number (PROOF-OF-RETURN) no later than 5 days before the next issuance to avoid late fees and new monthly charge. 
• RETURN, to any Canada Post office using the PR CODE: PR877614 email us at support@moderndaybaby.com for your one time PIN CODE

(i) Once you receive the Capsule, you may decide whether to rent or buy, all, or none of the Products within the three (3) day period following your receipt of the Products (the “Try on Period”). You may email us to inform us of your decision at support@moderndaybaby.com

(ii) If you decide to rent the Products, such rental is governed by Section 2(b), below. If you decide to buy the Products, such purchase is governed by Section 2(c), below. 

(iii) In order for Capsules to work best, please keep your Clothing Preference Form up to date by completing the style quiz. Available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference. You may also be in the future able to select particular items to be included in your Bundle.

(b) Direct Rentals

You may rent Products directly from our Site. When you rent our Products, you will automatically be charged for the next month’s rental of your Product(s) if we have not received the Product from you by the next month’s rental date (which is made on the same calendar day for each month thereafter from the initial payment). You will be charged a minimum one-month rental fee and refunded on a pro rata basis for any Products returned in the middle of subsequent billing cycles. Some of our Products are available for purchase only, and not for rental.

(c) Direct Purchases

Certain Products on our Eshop are available for purchase. If you purchase a Product, you are not required to return it to us. 

(d) Gifts

You may gift Products or gift cards via our Site. These gifted Products will be treated as purchased products with respect to the gift recipient.

3. FEES AND PAYMENTS

(a) Prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept certain credit cards listed on our Site during the checkout process, and also accept Apple Pay, Google Pay and PayPal (collectively “Express Pay”) for all purchases. You represent and warrant that (i) the credit card or Express Pay information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or Express Pay account for the purchase, (iii) charges incurred by you will be honored by your credit card company or the relevant Express Pay service, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.      

(d) Upon shipping you a Capsule, if PROOF-OF-RETURN not received, “LATE Fee” charge in the amount set forth on the Pricing Guide will apply. The LATE Fee will be charged to your credit card or other payment method between the time the order is placed and the time we ship your Capsule. Within five (5) days of receiving your Capsule we request that you send back any Products you don’t want. You may pay for any Products from your Capsule via emt, credit card or other payment method then available on the Services. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. When you send us a request for a Capsule our payment processing provider or a third party service provider may attempt to verify your address and check for potential fraud.

(e)  For more information about our Services, including pricing and fees and cancellation policies, please see our  FAQ Section. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

(f) Any other fees, such as delivery charges, will be listed on the checkout page for the applicable Product. We reserve the right to alter fees or availability of any particular item at its discretion and without notice.

5. Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on this Site (including any social media accounts owned or operated by us) or products is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6. Products

(a) Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, set forth below.

(b) We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

(c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

(d) All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

7. Shipments; Delivery; Title and Risk of Loss

(a) We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b) You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up to date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up to date, you are solely responsible for any resulting loss, theft, or damage to the Products. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

8. Late Fees for Rented Products

(a) If you have not returned a rented Product within one-year (365) days after the initial rental date for a Product, your late return will be considered a non-return and you hereby authorize us (or our third-party payment processor) to charge your Payment Method up to the Retail Value of the Product, minus any late fees that you have already paid and minus any monthly rental fees already paid toward the Product, plus applicable sales tax. Please see our  FAQ Section for the current amount we charge for a late fee.

(b) If you are charged by the Company the full Retail Value of a Product pursuant to this “Late Fees” section, you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or fees paid or payable by you for the non-return of Return Packaging (as defined below), each of which will be charged separately from, and in addition to, any late fees. Payment of any late fees does not excuse your breach of these Terms and does not limit our rights or remedies hereunder.

(c) If you lose a Product, you must pay a stocking fee for that product based on the price of the item.  Please notify us immediately at support@moderndaybaby.com

(d) If you consistently do not return rented Product(s) within one-year (365) days after the initial rental date for a Product, in addition to the fees set forth above, we may suspend or disable your account entirely.

9. Return and Exchange Policy for Bundles & Purchased Items

(a) Returns are not permitted with our capsule packages at this time.

(b) You agree to return each rented Product to us when you have completed usage. You will continue to be charged the monthly rental fee until MODERN DAY BABY, INC  has received and processed the return of Product or until your rental fees paid equal the retail price of the Product (We will never charge you more than the retail price of an item). We are not responsible for any personal or other items left in the Products or which are returned to us in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at support@moderndaybaby.com. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.

(c) If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. We will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging, or for any fees or expenses that you incur due to delays in our receiving the Product. We do not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.

10. Return and Exchange Policy for Purchased Items.

(a) Returning Purchased Items for a Full Refund.

You have ten (10) business days from receipt of Product to decide if you would like to return purchased Product for a full refund. To return Product for a refund simply email us at Support@moderndaybaby.com for your individual PIN CODE. Place Product in the return pre-paid packaging that came with your order and ship using the carrier specified on the return shipping label. Your refund will only be processed if the return is postdated within 10 business days of your original order receipt. Refunds for purchased Product are only processed for items that are received unused, with original manufacturer tags. It may take 1-2 weeks for refunds to be processed. If you return Product after ten (10) business days from your order receipt, you are then eligible for Lifetime Return Guarantee credits.    

(b) Exchanging Purchased Items.

You can exchange purchased Product that is unused with original manufacturers tags at any time for a different size, style or color. If the exchange Product total is more than the returned Product total, you will be charged the difference. If the exchange Product total is less than the returned Product total, you will receive store credit for the difference. To initiate exchanges please contact customer service at support@moderndaybaby.com.

11. Return Packaging

(a) With the delivery of a rented Product and paid Product, we will provide you with pre-paid, pre-addressed MODERN DAY BABY, INC  Packaging that you can use to return the Product, as well as instructions for returning the Product to us.

(b) In the event that you lose or damage any MODERN DAY BABY, INC – branded garment bags, accessory bags, and accessory boxes (“MODERN DAY BABY, INC  Packaging”) that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. If you have misplaced the original return shipping label, you may request an additional return shipping label by contacting customer service at support@moderndaybaby.com. Furthermore, you acknowledge that using any packaging or shipping carriers other than our MODERN DAY BABY, INC  Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which we will not be liable. You will be solely liable for all such delays and additional delivery fees.      If the MODERN DAY BABY, INC  Packaging is not returned prior to the earlier of (i) three hundred and sixty five days (365) days after the return of the associated Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each garment bag, accessory bag, and/or accessory box that is not returned to us, upon MODERN DAY BABY, INC  discretion. After we charge your Payment Method for the MODERN DAY BABY, INC  Packaging that you did not return, you are permitted to retain such MODERN DAY BABY, INC  Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to such MODERN DAY BABY, INC  Packaging, and the MODERN DAY BABY, INC  Packaging is provided to you on an “AS IS” basis. Please see our  FAQ Section for the current amount we charge for non-return fees (including for garment bags, accessory bags, and accessory boxes).

12. Lifetime Return for Purchased Products.

You may return any Product purchased through our Site, at any time, to receive 20% of the retail price paid back to you in MODERN DAY BABY, INC  store credit (the “Lifetime Return Credit”). The Lifetime Return Credit applies to Products originally purchased from our site, and products that were originally rented but then subsequently purchased from our site pursuant to the “Late Fees for Rented Products” section. The Lifetime Return Credit can be used towards future purchases and/or rentals.

13. Manufacturer’s Warranty and Disclaimers

We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU (IF ANY).

14. Limitation of Liability

IN NO CASE SHALL MODERN DAY BABY, INC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, OR PRODUCT PURCHASED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

15. Indemnification

You agree to indemnify, defend and hold harmless MODERN DAY BABY, INC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the CANADA.

17. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

18. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

19. Governing Law and Jurisdiction

This Site is operated from CANADA All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.

20. Dispute Resolution and Binding Arbitration.

BY ACCEPTING THESE TERMS, YOU AGREE TO THE “MANDATORY ARBITRATION” PROVISIONS SET FORTH IN OUR TERMS OF USE, AS IF THEY WERE FULLY SET FORTH HEREIN.

21. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

22. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MODERN DAY BABY, INC

23. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

24. Notices

(a) To you.

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To us.

To give us notice under these Terms, you must contact us as follows: (i) by email: support@moderndaybaby.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to:

MODERN DAY BABY, INC

PO Box 42415 Vellore PO Woodbridge, ON, L4H 3M2.

We may update our contact information for notices to us by posting a notice on the Site.

25. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

26. Entire Agreement.

Our order confirmation, these terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.