Terms & Conditions of Service

INTELLECTUAL PROPERTY

1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Mooscellaneous LLC, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.

2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by Mooscellaneous LLC.

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BASIS OF ORDER AND ACKNOWLEDGEMENT

1. The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).

2. Minimum order quantities and/or values may apply at our discretion.

3. You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.

4. A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).

5. We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.

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PRODUCTS DESCRIPTIONS AND PRICES

1. We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.

2. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

3. All prices quoted are in USD and are inclusive of Tax.

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PURCHASES

1. To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “Place Order” button. We will not accept Orders placed in any way other than as detailed above.

2. When you place an Order, we will confirm receipt of your Order.

 

WHEN ORDERS ARE NOT ACCEPTED

1. While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.

2. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

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CANCELLATION OF ORDERS

1. Mooscellaneous LLC reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Mooscellaneous LLC may do this for example, but without limitation, where:

   • Mooscellaneous LLC’ suppliers are unable to supply Products that they have previously promised to supply;

   • an event beyond Mooscellaneous LLC’ control, such as storm, fire, flood or failure of computer systems, means that Mooscellaneous LLC is unable to supply the Products within a reasonable time;

   • Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

   • you ask Mooscellaneous LLC to cancel your Order; or

2. You may cancel your Order where Mooscellaneous LLC:

   • has breached a material term of this Agreement;

   • is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or (ii) which was outside Mooscellaneous LLC’ control.

3. Where Mooscellaneous LLC cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

4. In the event of Mooscellaneous LLC or you are cancelling your Order after payment has been processed, Mooscellaneous LLC will refund any money paid in respect of that Order.

5. Except to the extent otherwise required by law or as expressly set out in these terms and conditions, Mooscellaneous LLC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

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AVAILABILITY OF PRODUCTS

As Mooscellaneous LLC is dependent upon its Suppliers to provide stock, Mooscellaneous LLC cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. Mooscellaneous LLC reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law , Mooscellaneous LLC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

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PASSING OF RISK AND TITLE

The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to us on any other account or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.

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DELAY IN AVAILABILITY OR DELIVER OF GOODS

1. You agree and acknowledge that:

   • Mooscellaneous LLC does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Mooscellaneous LLC;

   • stock availability and events outside Mooscellaneous LLC ‘control may cause delays, or in some circumstances, prevent your Goods from being delivered;

   • delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

   • except to the extent expressly set out in these Terms and Conditions or otherwise required by law , neither Mooscellaneous LLC nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

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REFUNDS OF YOUR MONEY

1. Where Mooscellaneous LLC is obliged to refund your payment pursuant to these Terms and Conditions, Mooscellaneous LLC aims to initiate your refund within 14 business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Mooscellaneous LLC is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

2. Except to the extent otherwise required by law, Mooscellaneous LLC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

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RETURNS/DAMAGED OR FAULTY ITEMS

1. You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible and within a maximum of 48 hours of your delivery.

2. If you have a problem with any Goods, please contact us.

3. When returning Goods:

   • please provide Mooscellaneous LLC with your proof of purchase;

   • it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavors to return all Products in the same condition as supplied at the time of delivery.

4. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

5. You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

6. Costs of returning the goods to us must be borne by you.

7. We do not accept change of mind returns.

8. Clothing & Bags (not eligible): These items are custom printed and made just for you, they are not warehoused! Items are unfortunately not returnable due to change of mind, sizing issues, and any other instance not related to manufacturer error. Since all garments are printed and made-to-order, we cannot replace/remake a garment that was not ordered in the correct size. Please choose the correct size by referring to our measurement charts.

9. Fine Art Prints (eligibility varies): Due to strict quality control and sanitary standards most cannot be re-sold upon return. Only if the prints are unhandled and in their original packaging, will they be eligible for return. If returned prints are deemed unfit upon inspection for any reason, we reserve the right to deny a refund.

10. Originals (not eligible): All original purchases are final; as they come with a special, personalized gift just for you and Shayla personally pays a generous amount to ship them directly to your door via courier.

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DAMAGED OR FAULTY ITEMS

1. In the unlikely event that you have received a damaged item, please e-mail us including as much information as possible about the fault you have discovered so we can thoroughly investigate the issue for you. As part of this process, we may ask for a photo of the fault or damage so we can assess the best course of action. We may offer exchange for your faulty item(s), refunds for faulty items will be given at our discretion.

2. Please note that we do not cover damage or faults caused by neglect, misuse, or normal wear and tear. However, if you do damage one of your items, we may be able to suggest a solution, so please do not hesitate to get in touch with us.

 

CHARGEBACKS

You agree to contact Mooscellaneous LLC prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Mooscellaneous LLC, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

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WARRANTY

1. We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing or repairing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which have been replaced.

2. We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the Product has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the Product has not been used in accordance with our instructions; (iii) normal wear and tear, willful or accidental damage; (iv) the price for the Product, or any other Products or services supplied by us or our affiliates, has not been received in full.

3. Minor deviations from specifications which do not affect performance of the Product shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.

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USE OF INDIVIDUAL COACHING AND COURSES

1. Coaching is an individual process-oriented form of support, promotion and development of individuals. Mooscellaneous LLC, hereinafter referred to as the "Organizer", offers "Coaching’s and Courses".

2. For the purposes of these Terms and Conditions, Coaching is deemed to be consulting, coaching, Courses and workshops. The contractual partners are hereinafter referred to as "participants".

3. In each case, Organizer provides a consultancy service, i.e., a service. This means that the participants are coached, advised, guided etc.

4. A concrete success is not promised by the Organizer. However, the organizer works to the best of its knowledge and ability to ensure that coaching is successful. The service is focused on the professional role and development of the participants. These terms and conditions apply to all business relationships between Organizer and participants.

5. Contracts between the Organizer and participants are concluded by offer and acceptance. The Organizer provides a registration form which must be filled completely and truthfully.

6. The Organizer reserves the right to reject a registration.

7. The contract shall be concluded upon written acceptance of the participants offer by the Organizer.

8. The contract ends with the expiry of the agreed contract period without the need for termination.

9. The remuneration of the Organizer is determined by the agreement between the parties. If no individual agreement has been made between the parties, the remuneration for the respective Coaching or Course shall be determined according to the current price table of the Organizer at the time of the conclusion of the contract.

10. All prices of the Organizer are inclusive of the statutory value added tax.

11. All payments are due as displayed on the website at the time of ordering without any deductions.

12. If the participant does not appear at the beginning of the event, no refund will be made or the full amount will be due, unless the participant has effectively withdrawn given sufficient notice in writing to the Organizer.

13. All fees charged are non-refundable.

14. A Coaching or Course may be cancelled or postponed for good cause, e.g., if the Organizer or a speaker falls ill or in case of force majeure. An important reason is also gross misconduct of the participant towards the Organizer.

15. If an event has to be definitively cancelled, the Organizer shall refund to the participant any participation fee already paid. Further claims are excluded, except in cases of intentional or grossly negligent behavior on the part of the Organizer.

16. In all other cases of cancellation for good cause and in cases of necessary changes to the schedule, the Organizer will inform the participants immediately.

17. Participants have the option to withdraw from the contract before the start of the service. Cancellation is possible free of charge up to 48 hours before the start of the Coaching or Course. After this period, a cancellation fee of 50 % of the agreed fee will be charged.

18. If the cancellation is made less than 24hrs hours before the Coaching or Course, the Organizer is entitled to a cancellation fee of 75 % of the agreed remuneration.

19. During an ongoing Coaching or Course, cancellation is only possible for good cause, the Organizer is entitled to a cancellation fee of 100% of the agreed remuneration.

20. If the participant in a 1:1 coaching is prevented from attending on the agreed date, he or she shall inform the Organizer immediately and both parties shall try to agree on an alternative date by mutual consent.

21. If the participant in group calls/sessions is prevented from attending on the agreed date, he or she shall not be entitled to arrange an alternative date however the Organizer will make the recording of the missed group call/session available in the group board.

22. Organizer undertakes to maintain secrecy about all company and business secrets of the participants or other private and intimate circumstances which become known to him/her in the course of the coaching, during the duration of a Coaching or Course and also after its end.

23. If the Organizer issues or otherwise makes available accompanying material, this may not be reproduced or passed on to third parties - not even in part - without the Organizer's consent. The Organizer shall make the accompanying documents available exclusively to the participants.

24. Organizer makes no warranty or representation that the Services will meet the participants requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be suitable for all participants and that all information provided will be accurate. Mooscellaneous LLC makes no guarantee of any specific results from the use of our Service.

25. Nothing contained in this Agreement shall be construed as a warranty on the part of either Party that

    • the Coaching or Course will yield any Result or otherwise be successful,

    • any Coaching or Course will yield a specific result or otherwise be successful or

    • the outcome of the Coaching or Course or any Development Program will be utilizable in any respect.

26. The Participant hereby agrees to assume liability for, and does hereby agree to indemnify, protect, save and keep harmless the Organizer from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits and related costs, judgements, expenses and disbursements, including reasonable legal fees and expenses, of whatsoever kind and nature excluding Taxes, imposed on, asserted against or incurred by any Indemnified Party, in any way resulting from or arising out of this Agreement.

27. The Participant hereby indemnifies and holds harmless the Organizer from and against any and all losses and expenses that may be incurred by or asserted or awarded against the Organizer , in each case arising out of or in connection with or relating to any Services whatsoever provided by the Organizer any defense with respect thereto arising out of or in connection with or relating to this Agreement, the other Operative Documents or the transactions contemplated hereby or thereby, or any use made or proposed to be made, whether or not such Service is provided to the Participant or any one thereof, or any other Person, or an Indemnified Party is otherwise a party thereto and whether or not the transactions contemplated hereby are consummated, except to the extent such losses and expenses (i) are found in a final, non-appeal-able judgement by a court of competent jurisdiction to have resulted from the Organizer ’s intentional or gross fault or willful misconduct, or (ii) result from a claim brought by Participant against the Organizer for breach in bad faith of the Organizer`s obligations hereunder or under any other Operative Document, if Participant has obtained a final, non-appeal-able judgement in its favor on such claim by a court of competent jurisdiction.

28. In no event will the Organizer be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Coaching or Course, even if we have been advised of the possibility of such damages.

29. In the event that the Organizer fails to perform the Coaching or Course with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Participant.

30. The Organizer shall not be liable for any loss or damage suffered by the Participant that results from the Participant’s failure to follow any instructions given by the Organizer.

31. Notwithstanding anything to the contrary contained herein, liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by Participant within the one month before action.

32. The Participant shall indemnify the Organizer against any costs, liability, damages, loss, claims, or proceedings arising from loss or damage to any equipment caused by the Participant.

33. Neither Party shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.

34. Certain Jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

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EXCLUSION AND LIMITATION OF LIABILITY

1. These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.

2. In no event shall we be liable for: (i) any loss of anticipated profits; (ii) any loss of actual profits, (direct or indirect); (iii) any loss of anticipated savings; (iv) any loss of business or revenue; (v) any economic loss of whatever nature; (vi) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (vii) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (viii) any loss resulting from use, application of or results obtained from any software incorporated into the product.

3. We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.

4. To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.

5. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

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ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. 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. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

3. 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.

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PRIVACY

1. For the purposes of applicable data protection legislation, Mooscellaneous LLC will process any personal data you have provided to it in accordance Privacy Policy available on the Mooscellaneous LLC website or on request from Mooscellaneous LLC.

2. You agree that, if you have provided Mooscellaneous LLC with personal data relating to a third party (i) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Mooscellaneous LLC and (ii) that you have brought to the attention of any such third party the Privacy Notice available on the Mooscellaneous LLC’ website or otherwise provided a copy of it to the third party. You agree to indemnify Mooscellaneous LLC in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

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DISCLAIMERS

Mooscellaneous LLC makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products.

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NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

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PREVIOUS TERMS AND CONDITIONS

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

LAW AND JURISDICTION

These terms and conditions and the relationship between you and Mooscellaneous LLC shall be governed by and construed in accordance with the Law of the United States and Mooscellaneous LLC and you agree to submit to the exclusive jurisdiction of the Courts of Erath County.

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Last Updated: January 2022