Terms of service
OVERVIEW
Welcome to moonme! The terms "we", "us" and "our" refer to moonme. moonme operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). moonme is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, along with all policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our Services or interacting with them, you agree to these Terms of Service and our Privacy Policy [LINK TO PRIVACY POLICY]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province in which you reside and have given us your consent for your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You warrant that all information you provide in our shops is accurate, current and complete.
You are solely responsible for the security of your login credentials and all activities in your account. You may not transfer, sell, assign or license your account to third parties.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online shops. Please note, however, that colours or the appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the shop and its settings and configuration.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. moonme reserves the right to accept or refuse your order at its sole discretion and for any reason. Your order is only accepted once moonme confirms acceptance. Please review your order carefully before submitting it. If we are unable to accept, modify or cancel an order, we will endeavour to notify you via the email address provided at the time of ordering.
The return or exchange of your purchases is governed solely by our Cancellation and Returns Policy [LINK TO CANCELLATION POLICY].
You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, prices do not include taxes, shipping costs, handling fees, customs duties or import charges.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops and to promptly update this information as necessary.
SECTION 5 – SHIPPING AND DELIVERY
We endeavour to dispatch your order within the delivery times stated on our website. All delivery times are estimates and are not guaranteed. We accept no responsibility for delays caused by shipping providers, customs clearance or events beyond our control.
In accordance with applicable EU consumer law (Directive 2011/83/EU, Art. 20), the risk of accidental loss or damage to the goods passes to you as a consumer only upon physical delivery of the goods to you. Should the goods be lost or damaged in transit, the risk remains with us until actual delivery. Please notify us promptly if your delivery arrives damaged or fails to arrive.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are the property of moonme, its affiliates or licensors and are protected by patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works of any materials on the Services. All rights not expressly granted herein are reserved by moonme.
SECTION 7 – OPTIONAL TOOLS
You may have access through the Services to tools offered by third-party providers. We do not monitor these tools and have no control or influence over them. We accept no liability for any damages arising from or related to the use of optional third-party tools.
SECTION 8 – EXTERNAL LINKS
The Services may contain hyperlinks to websites operated by third parties. We are not responsible for reviewing or evaluating the content or accuracy of third-party websites. When you leave the Services to access these websites, you do so at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
moonme is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are made directly with moonme. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and moonme. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from your purchases and transactions with moonme.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy [LINK TO PRIVACY POLICY] and certain personal data may also be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read these Privacy Policies.
SECTION 11 – FEEDBACK
When you submit, upload, publish or email feedback, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that feedback in any media for any purpose, including commercial purposes.
You warrant that you own all necessary rights to your feedback, that your feedback does not infringe the rights of any third party and does not contain any unlawful, offensive or obscene content. You are solely responsible for your feedback and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice and to cancel orders where information is inaccurate.
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. Prohibited uses include: (a) unlawful or malicious purposes; (b) violating applicable law; (c) infringing intellectual property rights; (d) harassing, abusing or harming other persons; (e) transmitting false or misleading information; (f) sending spam or unsolicited messages; (g) using automated means such as robots or scraping tools; (h) circumventing security or authorisation features.
We reserve the right to suspend or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section applies when you use, permit, enable or cause an agent to access, use or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of a person.
14.2 Agents must identify themselves at all times, must not conceal that interactions originate from an agent and must not circumvent security measures.
14.3 We may restrict, including through technical means, whether and how an agent accesses, uses or interacts with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services at any time and without notice. You remain obligated to pay all amounts due up to and including the termination date. The sections on Intellectual Property, Feedback, Warranty Disclaimer, Limitation of Liability and Indemnification shall survive termination.
SECTION 16 – WARRANTY DISCLAIMER
The information provided on or through the Services is for general informational purposes only. UNLESS EXPRESSLY STATED BY MOONME, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
The foregoing disclaimers do not apply to the extent prohibited by applicable mandatory consumer law. In particular, your statutory warranty rights under EU Directive 2019/771 and the mandatory consumer laws of the EU member state in which you habitually reside remain unaffected. The statutory warranty period for consumers is two years from delivery of the goods.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, MOONME, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND.
The foregoing limitations of liability do not apply:
- in cases of intent or gross negligence;
- for injury to life, body or health;
- for breach of material contractual obligations (cardinal obligations), in which case liability is limited to foreseeable, typical contractual damage;
- to the extent that mandatory consumer law of the EU member state in which you habitually reside applies;
- in any other cases where limitation of liability is not permitted by applicable law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless moonme, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal fees, arising from (1) your breach of these Terms of Service, (2) your violation of applicable law or the rights of third parties, or (3) your access to and use of the Services.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision shall be severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service, together with all policies we publish on this website, constitute the entire agreement between you and us governing your use of the Services.
SECTION 21 – ASSIGNMENT
Without our prior written consent, you may not delegate, assign or transfer this agreement or your rights and obligations under these Terms; any such attempt is void. We may assign, transfer or delegate these Terms without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Italy.
Where you are a consumer habitually resident in a member state of the European Union, the mandatory consumer protection provisions of your country of residence shall not be affected by this choice of law. In particular, you may always rely on the protection afforded to you by the mandatory provisions of the law of the member state in which you habitually reside, where those provisions offer a higher level of protection (Art. 6 Rome I Regulation).
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
The most current version of the Terms of Service is available at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services after any changes are posted constitutes your acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to hello@moonme.eu.
moonme
hello@moonme.eu