(updated as of January 18, 2022)
1. Sale of Goods and Services
2. Terms of Payment and Purchase Price
All PO and invoices are transmitted electronically All prices shown in the PO are firm and are not subject to adjustment. You will pay your PO immediately, before goods are shipped, by credit card using MOONDREAM’s trusted online security payment system. Your credit card information will be used only for one transaction (corresponding to one PO). MOONDREAM does not store any credit card or debit card information. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the Purchase Order. MOONDREAM reserves the right to correct any prices, PO, or invoices to correct any clerical error or other mistakes it identified.
The amount of sales tax charged on your order will depend on various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes.
All prices are in US dollars and are inclusive of customs and import duties (for delivery in the USA only).
3. Purchase for Personal Use Only
You may purchase products on the Site for personal use. By placing your order, you certify that you are purchasing products for personal use only and not for resale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
5. Shipment — Shipping Errors, Lost or Damaged Merchandise, Defective Goods
MOONDREAM warrants to you that goods supplied under this PO are new, have not been used or refurbished, in compliance with all applicable specifications and the requirements of this PO. All goods supplied under this PO shall be free from any liens or encumbrance on title. In the unlikely event that You believe that the goods you purchased are stolen or counterfeit, or otherwise infringes on a third party's intellectual property rights, you must inform MOONDREAM without delay by sending an e-mail message detailing the basis for your belief to [email address].
7. Compliance with Laws
MOONDREAM warrants that all goods and services sold hereunder shall have been purchased, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which they are subject. MOONDREAM shall execute and deliver such documents as may be required to effect or to evidence compliance. All laws and regulations required in agreements of this character are hereby incorporated by this reference.
All content included on the Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of MOONDREAM or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of MOONDREAM, or its content suppliers, as the case may be. MOONDREAM and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. MOONDREAM and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by MOONDREAM or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
9. License and Site Access
The viewing, printing or downloading of any Content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Site and the Content immediately terminates this license.
11. Intellectual Property Indemnification
You agree to defend, indemnify and hold harmless MOONDREAM, its officers, agents and employees from all claims, expenses and liabilities arising from any actual or alleged violation or infringement of Our intellectual property rights, and any intellectual property rights of Our Affiliates and Content suppliers which may be affixed and used by MOONDREAM on the Site.
12. Limitation of Liability
13. Termination by MOONDREAM
14. Force Majeure
MOONDREAM shall not be liable for default or delay due to causes beyond Our control and without fault or negligence on the part of MOONDREAM, such as, but not limited to, strikes, lock outs, shut down of internet connections by Internet provider, cyber-attacks on the Site, loss or stolen items while in transit and while in custody of carriers hired by MOONDREAM, non-delivery of items ordered from supplier; provided, however, that MOONDREAM gives you prompt notice in writing when any such cause occurs, or appears likely to delay deliveries and/or frustrate performances of services by MOONDREAM and takes appropriate action to avoid or minimize such delay, or such performance. If any such default or delay threatens to impair Our ability to meet delivery obligations for material, supplies and services, you shall have the right, without any liability to MOONDREAM, to cancel the portion or portions of the PO so affected. You shall not be liable for default or delay in the performance of its obligations due to factors beyond your control.
15. Jurisdiction and Governing Law
The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, heirs, executors and administrators, as the case may be.
18. Headings. Terms in Capital
21. Entire Agreement
22. Injunctive Relief and Service of Process
22. Special Provision on MADE-TO-MEASURE products.
In addition to our standard terms and conditions, Made to Measure products are covered by the following terms:
Made-To-Measure products are custom-made products to your precise requirements. If your order includes Made-To-Measure products, these terms will apply to such orders.
Limited returns accepted:
Due to the bespoke nature of our Made-To-Measure products, we cannot resell them to another customer. Therefore, we do not accept returns unless the product is defective or has not been made in accordance with your specifications as set forth in the purchase order. If your Made-To-Measure product is defective or does not meet the specifications set forth in your order and you wish to return it, you must contact our Customer Service within 7 days of the delivery of the product.
Check and Double-Check your Measurements:
Due to our limited return policy for Made-To-Measure products, we strongly recommend that you double check your order to ensure that the measurements of the Made-to-Measure product that you ordered are accurate. We will not replace Made-to-Measure products that meet the specifications set forth in the purchase order if you did not enter the correct specifications in the purchase order.
Should any defect in materials occur within the 7-day period, we will arrange with you to examine the product and, if the product is found to be defective, we shall either replace the defective product free of charge or reimburse you for the full amount paid (always providing that the product has not been subject to any misuse or modification).