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Terms of Service

Version dated: March 21, 2024

These Terms of Service (hereinafter referred to as "Terms") govern exclusively the contractual relationship between the brand MOMENTUM SOCIETY, owned by the Limited Liability Company TOMO LLC, a legal entity registered in Albuquerque, United States of America, with headquarters at: 2105 Vista Oeste St NW, Albuquerque, NM 87120, United States of America (hereinafter referred to as "MOMENTUM SOCIETY"), and its consumer clients (hereinafter the "Buyer").

These Terms prevail over any general purchasing terms issued by the Buyer and, more generally, over any document issued by the Buyer.

The online sale of Products displayed on the Site is open to Buyers wishing to receive delivery worldwide.

By placing an order on the Site, the Buyer automatically agrees to these Terms.

Any order made by a Buyer is deemed not to fall within the scope of a commercial, industrial, artisanal, liberal, or agricultural activity.

1. Defintions

  • Buyer: Any individual acting for purposes unrelated to a professional activity, or any legal entity not acting in a professional capacity, having created an Account and accepted these Terms.

  • Account: The personal account created by the Buyer via the MOMENTUM SOCIETY website.

  • Personal Data: Any information relating to a natural person that allows for their direct or indirect identification.

  • Product: All products offered for sale by MOMENTUM SOCIETY.

  • Site: The website on which MOMENTUM SOCIETY's products are sold, available at: https://momentum-society.co

  • Customer Service: The service accessible via the "Contact Us" section of the Site, by chat, or at the email address info@momentum-society.co

  • User: Any user of the Site, whether they are a Buyer or not.

2. Purpose

These Terms define the rights and obligations of the Parties in the context of the sale of Products offered by MOMENTUM SOCIETY to the Buyer.

They are communicated to the Buyer at the time of order validation and are freely accessible to any User of the Site.

They apply from their online publication and become binding upon the Buyer once accepted.

They take precedence over any other document unless otherwise agreed in writing and expressly.

MOMENTUM SOCIETY reserves the right to modify these Terms at any time. The latest version will be made available on the Site. It is the Buyer's responsibility to review the Terms before placing any order.

MOMENTUM SOCIETY will provide a copy of the latest Terms to the Buyer upon request.

3. Customer Account

Any Buyer wishing to place an order on the Site may create an Account, although this is not mandatory.

To open an Account, the Buyer must provide certain information (e.g., title, first name, last name, email address) and choose a password.

The Buyer will receive a confirmation email containing their login credentials.

The password is confidential and personal and must never be shared. The Buyer is solely responsible for its use.

Any action or connection or order placed using this password is deemed to be performed by the Buyer. In case of loss, the Buyer must notify MOMENTUM SOCIETY without delay and follow the password reset procedure on the Site.

4. Order

4.1 Order Placement by the Buyer

All orders must be placed by the Buyer via the Site.

To place an order, the Buyer adds the desired Products to their cart. Upon clicking “YOUR CART,” a summary and total price will be displayed. The Buyer can then modify or validate the order.

The displayed price includes applicable VAT and excludes shipping fees, which will be added before final order confirmation.

To finalize the order, the Buyer must proceed to checkout. They may log in or place the order as a guest by filling in the necessary delivery information.

The Buyer selects the delivery method and shipping costs are calculated accordingly.

After selecting the payment method and confirming all information, the Buyer proceeds to payment.

The act of clicking the confirmation button constitutes an electronic signature with the same legal value as a handwritten signature.

Once the order is placed, MOMENTUM SOCIETY will send a confirmation email that serves as an order acknowledgment.

The Buyer may modify their order within 24 hours of placement by contacting Customer Service.

4.2 Order Refusal

MOMENTUM SOCIETY reserves the right to refuse any order in cases such as:

  • Exceeding order limits

  • Ongoing dispute with the Buyer

  • Total or partial non-payment of a previous order

  • Payment authorization refusal

  • Abnormal order patterns (e.g., unusually large quantity or amount)

5 – Products

5.1 Product Information

The information provided on various digital media (such as the website, newsletters, digital brochures, product sheets, user manuals, and promotional documents) is as accurate as possible but is given for guidance only and may be modified at any time without prior notice.

Photographs illustrating the products on the Site are not contractually binding. Therefore, Momentum Society cannot be held liable for any errors or alterations introduced during image processing.

5.2 Product Availability

Products are offered on the Site while stocks last.

In the event that a product ordered by the Buyer is unavailable, Momentum Society will inform the Buyer as soon as possible and indicate the estimated restocking date.

The Buyer will then have the option to cancel the order for the unavailable product and request a refund of the amount paid for it. This refund will be processed no later than thirty (30) days after the cancellation.

The cancellation and refund will only apply to the unavailable product; the remainder of the order will remain valid and binding.

6 – Pricing and Billing

Prices displayed on the Site are expressed in dollars for the U.S

Prices displayed on the Site are expressed in euros for the France & Spain and include VAT applicable at the time of the order, unless otherwise stated.

Shipping costs are not included and are charged in addition to the product price, as indicated to the Buyer before confirming the order.

Prices may be updated at any time by Momentum Society. The price applicable to the Buyer is the one shown at the time the order is placed.

For orders placed outside the European Union, including Switzerland, prices are shown without VAT (excluding taxes).

Additional charges (e.g., gift wrapping) will also be clearly indicated at checkout and included in the final order summary and invoice.

For orders over $50 / 50€, standard shipping is offered for the U.S, France (including Corsica) and Spain.

Once the order is validated, the Buyer will receive an invoice via email using the address provided at account creation or during checkout.

The Buyer is responsible for paying the stated product price, shipping fees, and, where applicable, customs duties, VAT, or other import taxes required for delivery in the destination country.

7 – Payment Methods

By placing an order, the Buyer agrees to pay in full.

Payment must be completed at the time the order is placed.

Unless otherwise agreed, payment must be made online via credit/debit card through a secure system using Shopify Payments (with all associated methods, like Shop), ensuring the information transmitted is encrypted and secure.

The Buyer’s card will be charged upon confirmation of the order, even if the order is shipped in parts.

Orders cannot be offset by any credit or refund due to the Buyer from Momentum Society.

8 – Delivery

8.1 Delivery Terms

Delivery is defined as the transfer of physical possession or control of the product to the Buyer.

The risk of loss or damage transfers to the Buyer when the goods are handed over to the carrier. However, Momentum Society insures goods during transit from the supplier’s warehouse to the delivery location.

Products are shipped to the delivery address provided by the Buyer. It is the Buyer’s responsibility to ensure that this address is accurate.

Any parcels returned due to an incorrect or incomplete address, or unclaimed orders, will be reshipped at the Buyer’s expense. Reshipping fees will be communicated and may differ from the initial discounted rates.

Shipping costs are borne by the Buyer and are displayed at checkout.

Unless stated otherwise or in the event of force majeure, orders are shipped within 1 to 2 business days after confirmation.

For pre-orders, the estimated shipping date is shown on the product page, and such products are clearly labeled as “pre-order.”

If a product is out of stock, Momentum Society will notify the Buyer and provide an estimated shipping timeframe.

In case of exceptional circumstances preventing delivery on time, the Buyer will be informed and a new delivery date will be proposed.

If delivery is not made within 30 days of the order date (or a longer agreed timeframe), the Buyer may cancel the sale contract and receive a full refund within 14 days, as per applicable consumer laws.

Upon receipt of the order, the Buyer must inspect the product and report any visible issues (e.g. quantity, damage, non-conformity) by noting precise handwritten remarks on the delivery form and by emailing info@momentum-society.co within 72 hours, with photos and the order number.

If no claim is made within this timeframe, the delivery is deemed accepted and compliant.

The Buyer must retain the packaging and delivery slip. In the event of an error, the product can be returned according to the conditions stated below.

8.2 Delivery Times

Delivery times are calculated in business days from the order confirmation date, provided the delivery address is valid.

  • Usps Standard Shipping (incl. Tracking): 3 to 5 business days
  • Usps Secure Shipping (Damaged, stolen or lost Insurance): 3 to 5 business days
  • Colissimo Standard (incl. Tracking): 4 to 6 business days
  • Assurance Colissimo (incl. Perte / Vol / Casse): 4 to 6 business days
  • Correos Standard (incl. Tracking): 4 to 6 business days
  • Correos Seguro (Incl. Pérdida / Robo / Rotura): 4 to 6 business days

For deliveries outside the previous destinations, customs duties may apply. These fees are set by local authorities and are the responsibility of the Buyer. Momentum Society will not cover these costs or be liable for delivery delays due to unpaid import taxes.

No refund or compensation will be issued for deliveries withheld due to non-payment of customs duties.

For more informations, feel free to contact us at : info@momentum-society.co

9 – Transfer of Ownership

Ownership of the product is transferred to the Buyer only once full payment has been received.

In the event of non-payment or delayed payment, Momentum Society reserves the right to reclaim the delivered product.

The Buyer agrees to return the unpaid product at their own expense, upon first request from Momentum Society.

10 – Warranties

10.1 Commercial Warranty

They are covered by a one (1) year commercial warranty from the date the Buyer receives the goods.

10.2 Warranty Against Hidden Defects

In addition to the commercial warranty, Momentum Society guarantees the Buyer against hidden defects resulting from a design flaw in the product, excluding negligence or misuse by the Buyer.

The Buyer must bring any action under this warranty within one (1) years of discovering the defect.

They may choose between canceling the sale or receiving a partial refund.

For French Customers :

French Civil Code, Article 1641:
“The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so impair that use that the buyer would not have purchased it, or would have paid a lower price, had they been aware of the defects.”

Article 1644:
“The buyer has the option of returning the item and receiving a refund, or keeping the item and receiving a partial refund, as determined by experts.”

Article 1648 (first paragraph):
“Action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

10.3 Legal Warranty of Conformity

Momentum Society is also liable for product conformity, allowing the Buyer to make a claim under the legal warranty of conformity, in accordance with Articles L.217-4 et seq. of the French Consumer Code.

The Buyer has one (1) years from the date of delivery to make a claim. Claims must be made in writing by registered mail with acknowledgment of receipt.

The Buyer may request either a repair or replacement, subject to the cost conditions outlined in Article L.217-9.

Furthermore, Article L.217-7 of the Consumer Code presumes that defects occurring within 24 months of delivery existed at the time of delivery.

Relevant articles include:

Article L.217-4:
“The seller delivers goods in conformity with the contract and is liable for any non-conformity existing at the time of delivery.”

Article L.217-5:
A product is considered conforming if:

  • It is fit for the usual intended purpose, and, if applicable:

    • Matches the seller’s description;
    • Possesses the qualities promised by the seller in advertising or labeling;
  • Or if it corresponds to any specific usage agreed upon by both parties.

Article L.217-12:
“Claims for lack of conformity expire two years after delivery of the goods.”

Article L.217-16:
If the buyer submits a warranty claim during the commercial warranty period, any period during which the product is unusable for repair extends the warranty accordingly.

11 – Product Safety Defects

If a product causes harm due to a safety defect, the Buyer must seek recourse from the manufacturer, identified by the product’s packaging or labeling.

12 – Suspension and Termination

If the Buyer fails to meet any contractual obligations (especially full or timely payment), Momentum Society may suspend the shipment or execution of the order without prior notice or liability, and without prejudice to other rights.

If the Buyer fails to remedy the breach within seven (7) calendar days after receiving a formal notice (by registered letter), Momentum Society may terminate the contract without compensation, and seek return of the products.

In such cases, all outstanding payments become immediately due, and the Buyer must return unpaid goods immediately. The fact that Momentum Society does not act on a breach immediately does not mean it waives its right to do so in the future.


13 – Right of Withdrawal

The Buyer has the right to return the delivered Product within thirty (30) days of receipt and request a refund from Momentum Society, with return shipping costs at the Buyer’s expense.

Additional shipping fees related to the returned Product—where the Buyer selected a delivery option more expensive than the standard one offered—are also non-refundable and remain the Buyer’s responsibility.

The refund will be issued within fourteen (14) days of receipt of the returned Product, using the original payment method, minus the initial shipping costs.

To exercise the right of withdrawal, the Buyer must contact Momentum Society at: info@momentum-society.co

Returned Products must be in new and original condition, meaning unused, unwashed, undamaged, and in their original packaging with tags and user manuals intact.

Note: The Buyer may be held responsible for any loss in value of the Product due to handling other than what is necessary to establish the nature, characteristics, and functioning of the item—similar to what would be allowed in a physical retail store.

14 – Exchanges and Refunds

The Buyer may request an exchange or a refund of the Product(s) within thirty (30) days of receiving the order, in cases of sizing issues, color, cut, or product defects.

To initiate a return, the Buyer must send an email to info@momentum-society.co within the thirty (30) day window, stating the order number and reason for return. No returns will be accepted after this period.

The Buyer may choose between an exchange or a full refund. The return will be accepted only if Momentum Society receives the Product(s) within thirty (30) days from the return request, and only if the returned items match the conditions described.

If the Buyer opted for Shipping Protection (loss/damage/theft insurance) during checkout, Momentum Society will resend the package in case of issues.

Without this optional protection, Momentum Society cannot be held liable for stolen, lost, or damaged packages.

15 – Liability

All products offered by Momentum Society must be used in accordance with the provided instructions and with all necessary precautions.

The Buyer is solely responsible for selecting the Product. Therefore, Momentum Society cannot be held liable for any mismatch between the Product and its intended use by the Buyer.

Momentum Society is not liable for any direct or indirect, material or immaterial damages resulting from improper use of the Product contrary to its instructions.

Outside of these situations, Momentum Society’s liability shall not be engaged if it can demonstrate that the failure to fulfill or improper execution of the contract is attributable either to the Buyer or to an unforeseeable and unavoidable event caused by a third party.


16 – Force Majeure (For French Customers)

According to Article 1218 of the French Civil Code:
"There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of the obligation by the debtor."

Thus, any circumstances beyond the Parties’ control, preventing the normal execution of their obligations, are considered as grounds for exemption and suspension of those obligations.

The Party invoking force majeure must notify the other Party immediately of both the occurrence and the end of the event.

Events commonly recognized by case law as force majeure include—but are not limited to—natural disasters, pandemics, wars, labor strikes, power outages, fires, floods, telecommunications breakdowns, and supplier failures.

If the force majeure situation lasts more than three (3) months, either Party may terminate the Terms of Service.

17 – Intellectual Property

The content of the Site and all its elements—including but not limited to text, images, icons, videos, software, databases, and graphics—are the exclusive property of Momentum Society, and are protected under international intellectual property laws.

Any reproduction, representation, adaptation, or modification, in whole or in part, without prior written authorization from Momentum Society, is strictly prohibited.

Non-substantial reproductions for private, non-commercial use are permitted, provided the source and author are clearly cited.

Momentum Society reserves the right to pursue legal action—civil or criminal—in the event of any infringement of its rights.

18 – Personal Data

During the ordering process, the Buyer may provide personal data.

Momentum Society commits to processing and protecting these data in compliance with its Privacy Policy.

19 – Mediation (in Europe)

In the event of a dispute, the Buyer must first contact Momentum Society’s Customer Service via email at info@momentum-society.co

If the issue is not resolved within two (2) months, the Buyer may escalate the dispute to the European Commission’s online dispute resolution platform, available at:
https://ec.europa.eu/odr

Both parties remain free to accept or reject the mediation and any proposed resolution.

20 – Partial Invalidity

If any part of these Terms of Service is found to be invalid under applicable law or regulation or by a final court decision, the remaining provisions shall remain valid and enforceable.

The invalid provision will be replaced in good faith by a legally valid provision that most closely reflects the intent of the original.

21 – No Waiver

Failure by either Party to exercise any right or remedy under these Terms of Service shall not constitute a waiver of that right.

Similarly, any tolerance of a breach or partial performance by the other Party shall not be interpreted as a waiver or limitation of any future rights.

22 – Headings

The headings and section titles included in these Terms of Service are for convenience only and do not affect the interpretation of any provision.