TERMS OF SERVICES:

Your use of the Mosh Moshi website(s) is subject to the following terms and conditions (the “Terms of Service” or “TOS”), which may be amended from time to time, at Mosh Moshi’s sole discretion, with or without notice to you.

By visiting, registering, and/or submitting an order through the Mosh Moshi website(s), you agree to be bound by these TOS and any amendments to these TOS, and your agreement continues as long as you use the Mosh Moshi website(s). If you object to these TOS, or any amendments to these TOS, you agree to stop using and/or visiting the Mosh Moshi website(s).

The contents of the Mosh Moshi website(s) are intended for Mosh Moshi’s customers or potential customers. Mosh Moshi reserves the right to cancel accounts, decline service, block access, rescind/cancel orders, and/or take appropriate technical and legal steps if Mosh Moshi believes that use of the Mosh Moshi website(s) violates applicable laws or these TOS.

1. YOUR ACCOUNT

When you register, submit an order, or request information from Mosh Moshi, you may be asked for your email address, mailing address, phone number, and/or your payment instrument (i.e. credit, debit, or cash on delivery) information (collectively referred to as “Your Information”). Registration or submitting an order through the Mosh Moshi website(s) requires a valid email address. Our use of Your Information is subject to the terms of the Privacy Policy, located here: privacy policy.

2. NOTICES

You agree to receive all communications from us electronically, including (but not limited to): terms of service, including amendments; transaction receipts or confirmations; account statements and history; and any other account or transaction information. We will provide your account-specific communications via email and will post general communications and notices on the Mosh Moshi website(s).

3. Customer Service, Sales, and Returns

A. Customer Service

If you have any questions about your order, please email at hello@moshmoshi.com.

B. Payment Processing

You authorize Mosh Moshi to disclose Your Information in connection with processing the payment (or refund) and shipment of any orders to be submitted.

C. Regular sales

A regular sale through the Mosh Moshi website(s) has three phases:

  • submission of order;
  • processing and confirming availability of order; and
  • shipment of order.

After you submit an order on the Mosh Moshi website(s), you may cancel your order before the order enters the processing phase, without any charge to you. To cancel an order, please contact us at hello@moshmoshi.com.

D. Custom-made or specially-ordered goods

A sale of custom or specially-ordered goods through the Mosh Moshi website(s) has three phases:

  • submission of order (includes immediate processing of payment);
  • processing of order; and
  • shipment or delivery of order.

If any goods purchased from Mosh Moshi are custom made or specially ordered, payment will be processed upon the submission of your order. No cancellation or refund will be allowed after a custom or special order is submitted.

E. Cancellation by Mosh Moshi

Mosh Moshi reserves the right, in its sole discretion, to cancel orders for any reason, including but not limited to:

  • it discovers that there were inaccuracies in the description or price of any products or services sold through the Mosh Moshi website(s);
  • the product or service is no longer available; and/or
  • Mosh Moshi is unable to authenticate your identity or payment information.

F. Shipping and/or Delivery

Delivery and/or Shipping and handling options and costs will be made available to you during the order submission process.

If an order is submitted and delivered/shipped to you but returned to us for any reason, then the shipping and handling charges will not be refunded.

Currently, goods ordered through the Mosh Moshi website(s) are only available for delivery within specific areas of Jordan.

G. Returns/Refunds

A special order cannot be cancelled or returned after the order is submitted. No refunds are available for custom or special orders.

H. Promotions

Promotions, special prices, coupons, and other special sale offers cannot be combined except specified otherwise.

I. Color/Designs

Sellers on Mosh Moshi will make all reasonable efforts to accurately depict the designs and colors of the goods sold on the Mosh Moshi website(s). However, the depiction of designs and colors depends on the calibration of individual computer monitors and they may vary. Therefore, Mosh Moshi cannot guarantee precise color matches.

4. Copyright and Trademark

A. Copyright

Except where otherwise indicated, all content on the Mosh Moshi website(s) is the property of Mosh Moshi and is provided to customers and potential customers of Mosh Moshi to allow them to make purchases on the Mosh Moshi website(s). Any other use of the Mosh Moshi website(s)’s material is not allowed.

If you believe any material on the Mosh Moshi website(s) infringes your copyright, please contact hello@moshmoshi.com.

B. Trademark

Except where otherwise indicated, all trademarks on the Mosh Moshi website(s) belong to Mosh Moshi and are provided to indicate the source of Mosh Moshi’s goods and/or services. Any other use of the trademarks on the Mosh Moshi website(s) is not allowed without explicit written consent from Mosh Moshi.

If you believe any material on the Mosh Moshi website(s) infringes on your trademark rights, please contact hello@moshmoshi.com.

5. Limitations of Liability

A. Color/designs

You acknowledge that the depiction of designs and colors depends on the calibration of individual computer monitors and they may vary. Therefore, Mosh Moshi cannot guarantee precise color matches.

6. To Third-Party Materials.

6 a) Third Party Products. Most of the Products advertised by Mosh Moshi on the platform are third-party pre-owned products, including without limitation pre-owned toys, gear, and products for children and babies that Mosh Moshi may sell on a consignment basis for third parties. Mosh Moshi serves as the intermediary to facilitate the buying and selling of used gear, and streamlines the process by providing deliveries, product posting and payment services. Mosh Moshi does not guarantee the Products listed on Mosh Moshi are free of all defects. The buyer assumes full and exclusive responsibility to verify that the items are in safe working condition. Mosh Moshi makes no representations or warranties about such Products. You acknowledge and agree that Mosh Moshi is not responsible for any damages or injuries from the Products

7. Purchases and Payment

7.1 Order Acceptance. We reserve the right to refuse any order you place with us. We may, in 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.

7.2 Delivery. The Product(s) will be delivered within a reasonable time after Mosh Moshi’s receipt of full payment for the Product(s). Mosh Moshi only ships Products to Jordan, and cannot ship any Products outside Jordan.

7.3 Your Acts or Omissions. 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 Mosh Moshi can complete your transactions and contact you as needed. You are responsible for the confidentiality of your account login information. You are responsible for the use of your account and login credentials. If Mosh Moshi’s performance of its obligations under these Terms is prevented or delayed by any act or omission of You or its agents, subcontractors, consultants, or employees, Mosh Moshi shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges, or losses sustained or incurred by You, in each case, to the extent arising directly or indirectly from such prevention or delay.

7.4 Price. The purchase of all Product(s) from Mosh Moshi shall be made at the price(s) set forth on the Website (the “Price”). The Price may be modified or changed at any time in Mosh Moshi’s discretion without notice to You. Unless otherwise agreed by Mosh Moshi, the Price is exclusive of all sales. You shall be responsible for all such charges, costs and taxes; provided, that, You shall not be responsible for any taxes imposed on, or with respect to, Mosh Moshi’s income, revenues, gross receipts, personal or real property, or other assets.

7.5 Disclaimers and Exclusive Remedy. NOTE THAT NOT ALL PRODUCTS ARE PRE-OWNED. Mosh Moshi reserves the right, but is not obligated, to limit the sales of our
products to any person, geographic region or jurisdiction. Mosh Moshi may exercise this right on a case-by-case basis. Mosh Moshi reserves the right to limit the quantities of any products that Mosh Moshi offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Mosh Moshi reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Any commitments made by Mosh Moshi, and remedies available to You, with respect to the Product(s) are limited to those which are set forth in these Terms and in Mosh Moshi’s Return Policy, available at: https://moshmoshi.com/return-policy/, and incorporated into these Terms by reference (the “Return Policy”). Except as set forth in the Return Policy, all purchases are non-refundable and non-returnable.

Your Representations and Warranties

You represent and warrant that the information you submit to Mosh Moshi and/or the Mosh Moshi website(s) is accurate, truthful, and not misleading. You agree to comply with all local laws regarding online conduct and commercial transactions.

None of the information you submit will infringe upon any copyright, patent, trademark, or other proprietary information, and will not be defamatory or, in Mosh Moshi’s sole discretion, offensive.

You are responsible for keeping your account password and/or payment information secure. You are responsible for all activity and liability resulting from your failure to keep your payment and/or account password secure.

You agree not to disclose your account information and/or account password to any third party and you will not hold Mosh Moshi responsible for any unauthorized use of your account password, payment information, or other breach of security related to your account.

You agree to not use someone else’s account to access the Mosh Moshi website(s) or submit an order, and you agree to not allow someone else to use your account to access the Mosh Moshi website(s) or submit an order.

You agree to not modify or adapt the Mosh Moshi website(s), or modify or adapt any other website to imply a false connection with Mosh Moshi or the Mosh Moshi website(s).

You will not engage in any fraudulent conduct or make any misrepresentations in connection with the Mosh Moshi website(s) or Mosh Moshi.

You represent and warrant that you will not use a third party’s payment information when submitting an order. If you use any unauthorized methods of payment, you agree to be responsible for any charges relating to those transactions, including any chargeback fees, checks returned for payment, and/or attorney’s fees incurred by Mosh Moshi in connection with your unauthorized use of a third party’s payment information.

You represent and warrant that when you submit an order through the Mosh Moshi website(s), the payment instrument you use will not be counterfeit or altered, or used before the valid date or after the expiration date of the payment instrument.

You represent and warrant that you will not dispute any charge related to an order submitted through the Mosh Moshi website(s) unless the order was fraudulent and placed by a third party. You agree to contact Mosh Moshi directly and cooperate with Mosh Moshi in a good faith attempt to resolve any order-related issues before you dispute a charge.

9. Binding Effect and Surviving Terms

These Terms of Service constitute a binding agreement between Mosh Moshi and you governing your use of the Mosh Moshi website(s). You agree that you will not use the Mosh Moshi website(s) if you do not agree with these Terms of Service. Even if this agreement and/or your account is terminated, the following terms will continue to apply.

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