Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Note, the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SnS International ("Moshi"). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
Definitions:
"Product" shall mean any item offered for sale or licensing on the MoshiLifestyle.com Web site or Moshi's direct sales materials (ads, catalogs, specifications sheets etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software, CDs and DVDs, and documentation.
Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Orders/ Acceptance by Moshi/Acceptance of This Agreement by You:
All orders of Products placed by you with Moshi are non-cancelable and shall be subject to acceptance by Moshi. Moshi reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Moshi, your order shall not be deemed accepted by Moshi until Moshi's shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Limited Warranties:
With respect to Moshi branded Products, Moshi makes no warranties except those stated in the Moshi limited warranty cards included with the Products, or, in the case of optional extended warranties issued by Moshi, such extended warranty documentation. With respect to third party (i,e,. non-Moshi branded) Products, such Products are sold by Moshi AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. MOSHI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Software License Terms:
All software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement. You agree that you will be bound to such agreement.
Payment Terms; Price Confirmation/Billing Errors:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Moshi will charge credit cards upon shipment. Moshi accepts Mastercard, Visa, American Express and Discover. Moshi does not accept cash, COD, purchase orders, or personal checks unless specific arrangements have been made for business sales. Moshi payment terms are subject to change without notice at Moshi's sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Moshi Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Moshi shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Products:
Moshi continually updates and revises Products. Moshi may revise and/or discontinue Products at any time. Changes in products shipped and products described on Moshi websites and/or direct sales materials are possible.
Gift Cards:
Your Gift Card is issued by Moshi and has no expiration date. The Gift Card must be activated prior to its initial use and presented at time of purchase. The value loaded on your Gift Card is a pre-payment only for the purchase of Products and services from MoshiLifestyle.com, Moshi LifeStyle stores and Moshi Factory Outlet stores. No credit card, credit line, over draft protection or deposit account is associated with the Gift Card. The Gift Card may not be returned, redeemed or exchanged for cash, or used as payment on any Moshi account except where required by law. No interest, dividends or any other earnings on funds deposited to a Gift Card will accrue or be paid or credited to you by Moshi. The value associated with the Gift Card is not insured by the Federal Deposit Insurance Corporation. The Gift Card will not be replaced if lost or stolen and Moshi will not be responsible for any unauthorized transaction on the Gift Card. Up to 10 Gift Cards may be used as payment for your purchase.
Coupons & Promotional Codes:
You may not use coupons or promotional codes toward the purchase of gift cards, refurbished or open-box returned product, shipping & handling or sales tax. Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupons must be surrendered at time of redemption at Moshi Lifestyle stores, and unique coupon codes must be provided at time of redemption through MoshiLifestyle.com and Moshi LifeStyle telesales. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. Coupon/promotional code programs may be terminated or modified by Moshi at any time in its sole discretion.
Return Policy:
Customer satisfaction is our top priority and we want you to be completely satisfied with your purchase. We have a fully staffed team of experts who can walk you step by step through the return process or offer assistance with any technical questions regarding the product. PLEASE INSPECT YOUR ORDER IMMEDIATELY UPON ARRIVAL. DO NOT DISPOSE OF THE BOX OR ANY PACKAGING MATERIALS UNTIL YOU HAVE INSPECTED YOUR ORDER AND ARE SATISFIED WITH THE PRODUCT YOU HAVE RECEIVED. If you are not satisfied with your purchase, you can return or exchange the product. All products properly returned under this policy are eligible for a refund or credit to the original method of payment. Product must be returned in the original packaging. We will credit you for the total purchase price, upon receipt of the product, less any shipping & handling fees. Please contact customer service at:1-877-55-MOSHI or email us at moshiclock@snsinternational.com for further instructions on how to process your return. Please note that you are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to product while in transit to Moshi. If you return product to Moshi (1) without a return authorization from Moshi or (2) beyond the 30 day issuance period, or (3) without proper packaging, Moshi retains the right to either refuse delivery of such return or charge you a restocking fee. In the unlikely event that there was an error on our part, please call us within 30 days and we will send you the correct product, replacement product, or replacement parts at no additional cot to you.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. Moshi will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability:
BOTH YOURS AND MOSHI'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR MOSHI BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR MOSHI SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Taxes:
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
Resale:
You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale. You shall not remove components from Product for resale.
Title:
Title to Product(s) other than software passes from Moshi to you upon shipment from Moshi's facility. Title to software shall remain with the applicable licensor(s).
Governing Law/Waiver of Jury Trial:
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Los Angeles County, State of California; or (ii) the Southern District of California of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Critical Components:
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Force Majeure:
Moshi shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Moshi. Quantities are subject to availability. In the event of shortage, Moshi may allocate sales and deliveries in its sole discretion.
Waiver/Invalidity:
Failure of Moshi to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between you and Moshi concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Moshi.
Trademark:
The trademark "MOSHI" and any other product names, service names or logos of MOSHI used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Moshi Corporation or any of its affiliates. Other product names and/or company names used in the Web Site may be protected as their trademarks and/or trade names.
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We reserve the right to make changes to this policy. Any changes to this policy will be posted.