Terms of service.

Welcome to the Moshi Moshi Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.moshimoshiworld.com. “Service” refers to the Company’s services accessed via the Site, in which users can browse, purchase or inquire about apparel from Moshi Moshi. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

The following Terms of Use apply when you view or use the Service via our website www.moshimoshiworld.com. 

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service allows you to browse, purchase or inquire about Products sold by Moshi Moshi.  

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: 

You agree that you will not under any circumstances:

  1. Access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,

  2. Collect or harvest any personal data of any user of the Site or the Service 

  3. Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise or to engage in multi-level marketing;

  4. Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);

  5. Use the Service for any unlawful purpose or for the promotion of illegal activities;

  6. Attempt to, or harass, abuse or harm another person or group;

  7. Use another user’s account without permission;

  8. Intentionally allow another user to access your account; 

  9. Provide false or inaccurate information when registering an account;

  10. Interfere or attempt to interfere with the proper functioning of the Service;

  11. Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  12. Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; 

  13. Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 

  14. Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

ONLINE CONTENT DISCLAIMER

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Copyright © 2021 Moshi Moshi. All rights reserved. All materials presented on this site are copyrighted and owned by Moshi Moshi Inc. or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your nonwaivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to hello@moshimoshiworld.com.

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

WARRANTY DISCLAIMER

You warrant to us that:

(a) You have full authority, power and capacity to agree to these terms of sale;

(b) The information provided in your order is accurate and complete;

(c) You will be able to accept delivery of the products;

PAYMENT AND PRICES

Prices of products are quoted on the item listing. We carefully verify that all prices on items are accurate and up to date during your purchase; however, it is possible that some items may pass as inaccurate and will be adjusted accordingly. You will be required to pay the delivery charge (stated at checkout); a Hawaii General Excise Tax (GET) is included in each product's final price. If ordering products from out of the country, you are responsible for paying any addition importing tax upon delivery. 

REFUNDS AND CANCELLATIONS

Any product that is incorrect, damaged or unsatisfactory once received by you, can be returned to us with a full refund only within 14 days after delivery of the product.

Exchanges or refund for purchased Products shall not be accepted if:

  1. The Product has been used for reasons apart from checking fit and comfort. We shall reserve the right to reject the return of the Product if it has been used in any other way;

  2. The Product has been washed;

  3. The tags and garments have been damaged by the User;

  4. The order number/receipt of the Product, as applicable, does not match our records;

  5. The receipt is not returned along with the Product;

  6. A return was sent without first getting approval via email from hello@moshimoshiworld.com;

  7. If the product is sent back after the 14 day acceptance period

You are responsible for the shipping charges required to ship the unwanted items back to us. However; if you received the incorrect item(s) from what is proven on your invoice, we are responsible for the return shipping charges and will provide a return shipping label to your email address provided and send you the correct item(s).

A refund for the product or an item exchange will be sent to you as soon as the return is approved.

You can only cancel your order before the product has been shipped; otherwise, it is not possible to cancel the order and you will need to wait until item is received to initiate a return. Amount paid will be refunded back to the same mode of payment that was made upon purchase.

DELAYS

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, pandemic, accidental explosions, floods, storms, wildfires and similar occurrences.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Hawaii, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [Privacy Policy] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.