TERMS OF SERVICE
Terms of Service
This website is operated by MOONQUAKE. Throughout the site, the terms "we", "us" and "our" refer to MOONQUAKE. This website is operated by MOONQUAKE and all information, tools and services available to you, the user, are available upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including by reference to this Terms of Service and/ or additional terms and conditions and policies that may be accessed by hyperlink. These Terms of Service apply to all users of the site, including without limitation visitors, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance constitutes your express consent to be bound by these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service 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/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms or viruses or any code of a destructive nature.
Violation or violation of any of the Terms will result in immediate termination of your service.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and may (a) travel over various networks and (b) change to conform and adapt to technical requirements of connecting networks or devices. Credit card information remains encrypted during transmission over the Internet.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or contact any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information provided on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or most current sources of information. Any reliance on the material on this website is entirely at your own risk.
This website may contain certain historical information. Historical information is not necessarily the latest version and is for 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 this site. You agree that it is your responsibility to monitor our website for changes.
Section 4 - Changes to Services and Prices
Our product prices are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available only online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
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.
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 depending on the circumstances. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please view our returns policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third Party Links
Certain content, products and services available through our Services may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully and make sure you understand the third-party's policies and practices before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Reviews, Feedback and Other Submissions
If you send specific submissions at our request (such as competition entries) or send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, postal mail or otherwise ( (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise process in any medium any comments that you forward to us. We are and are under no obligation to (1) maintain confidentiality for any comments posted; (2) compensate for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or Contents of these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address to pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for any comments posted by you or any third-party.
Section 10 - Personal Information
Your submission of personal information through the Store will be governed by our Privacy Policy. View our privacy policy.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Use
In addition to other prohibitions as set forth in the Terms of Service, we prohibit you from using the site or its content:
(a) for any illegal purpose; (b) to induce others to perform or participate in any illegal conduct; (c) to violate any international, federal, provincial or state regulations, rules, laws or local regulations; (d) to infringe or violate our intellectual property or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code or any way they may be used that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) collect or stalk the personal information of others; (i) spam, phish, pharm, pretext, spider, scraper or spam; (j) for any obscene or immoral purpose; ( k) Interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the Service from time to time or at any time, without notice to you.
YOU EXPRESSLY AGREE THAT USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR OWN RISK. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied including warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall MOONQUAKE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct or indirect , incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs or any similar damages, whether based on contract, tort (including negligence) , strict liability, or arising out of any use by you of the Service or use of any products purchased using the Service, or out of any other claim related in any way to your use of the Service or any products, including but Without limitation, any errors or omissions: Any loss or damage of any kind incurred as a result of the use of the Service or of any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MOONQUAKE 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 of Service or the documents they incorporate by reference.
Article 15 - Sustainability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and such provision shall be deemed to be severed from these Terms of Service. The decision shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We may also terminate this agreement at any time without notice if, in our sole judgment or suspicion, you fail to comply with any term or provision of these Terms of Service. You will be responsible for all amounts due, including amounts due on the date of termination; and/or we may be liable as a result.
Section 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous relationship between you and us. Agreements, communications and proposals, whether oral or written, between you (including, without limitation, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.
Article 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.
Section 19 - Changes to terms of service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information
If you have any questions about the Terms of Service, you should send your questions to us at Contact@moonquakeonline.com.