TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. The MoxieLash "Terms of Use" govern the use of this website and the
purchase of any products from it. The website is owned and operated by MoxieLash, Inc.
In the
context of this website, “we,” “our” and “us” means www.moxielash.com and “you” and “your” means you,
the user or customer of this website. If you do not agree with these terms of use, please do not use
this site.
The following Terms of Use and any other rules posted on our www.moxielash.com
constitute an agreement between us and you, the visitor, governing your access and use of all content
and functionalities available at the MoxieLash website, related micro-sites accessed through the URL
www.moxielash.com, related domain names, and any other website or micro-site of MoxieLash (collectively
the "Site").
By visiting the Site, you are accepting and consenting to the practices described in
the Terms of Use. We may modify the Terms of Use from time to time, and your continued use of this Site
(or any of our other Sites) following such change shall signify your agreement to be bound by the
modified Terms of Use. Your use of the Site constitutes a continuing acceptance of these Terms and
Conditions, changes to which do not require notice.
If you require more assistance, please
contact us by emailing support@moxielash.com, and you will receive a response within 24
hours.
Basically, by using MoxieLash, you agree to all the terms on this page.
COPYRIGHTS,
TRADEMARKS, AND CONTENT
The entire content published on this Site, including but not limited to text,
graphics or code is copyrighted under copyright laws, and is the sole property of www.moxielash.com.
Copyright 2019, MoxieLash, , Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this Site for the sole purpose of placing an order with www.moxielash.com.
Without obtaining our prior written consent, any other use, including but not limited to the
reproduction, modification, distribution, display or transmission of the content of this Site is
strictly
prohibited. You further agree not to change or delete any proprietary notices from
materials downloaded from the Site.
All trademarks, service marks and trade names of
www.moxielash.com used in the Site are trademarks or registered trademarks of MoxieLash, Inc.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site,
trademarks and all other intellectual property and material rights relating to the content as herein
described, including MoxieLash software and all HTML and other code contained in this Site, shall remain
at all times vested in MoxieLash , Inc and/or are the property of their respective owners. All such
content, including third party trademarks, designs and related intellectual property rights mentioned or
displayed on this Site are protected by federal and state laws and regulations and international treaty
provisions. You are permitted to use the content only as expressly authorized by MoxieLash and/or its
third party licensors. Any reproduction or redistribution of the above listed content is prohibited and
may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent
permissible under applicable law. Without limiting the foregoing, copying and use of the above listed
materials to any other server, location or support for publication, reproduction or distribution is
expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content"
is defined as all information such as the "look and feel" of the Site, data files, graphics, text,
photographs, drawings, logos, images, sounds, music, video or audio files on this Site. MoxieLash tries
to ensure that the information on this site is accurate and complete. We do not warrant that the Site’s
Content is accurate, error-free. Your use of the Web Site is at your risk. Without limiting the
foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of
any kind, either expressed or implied, including, but not limited to, the implied warranties of
merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or
non-infringement. You bear the entire risk of the completeness, accuracy or usefulness of any Content
found on this Site. MoxieLash reserves the right to withdraw, temporarily or permanently, any Content
from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm
that MoxieLash is not liable to you or any third party for any such withdrawal.
Opinions
expressed on the Site and MoxieLash YouTube Page are the personal opinions of the authors and do not
reflect the views of MoxieLash By posting you agree to be solely responsible for the content of all
information you contribute. You also grant to MoxieLash a right to use any content you provide for its
own purposes including republication in any form or media. Comments may be moderated and we do not
commit to checking all content and will not be liable for third party posts. If you have a complaint
about any posts please mail support@moxielash.com. MoxieLash reserves the right at its sole discretion
not to publish or to remove any comment including those that it believes may be unlawful, defamatory,
racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to
people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and
copyrighted content, contains personal data, improperly uses the medium for promoting and advertising
businesses. This site is available to the public, information you consider confidential should not be
posted to this site.
Basically, please respect our
content copyrights and trademarks; we are super happy to share our content with you so please don’t
claim it as your own. If anything is wrong, please email us at
support@moxielash.com.
ELIGIBILITY TO PURCHASE AND ORDER
The purchase of
merchandise through the Site is strictly limited to parties who can lawfully enter into and form
contracts on the Internet in accordance with the laws of the province of Ontario.
In order to
make purchases on the Site you will be required to provide your personal details. In particular, you
must provide your real name, phone number, e-mail address and other requested information as indicated.
Furthermore, you will be required to provide payment details that you represent and warrant are both
valid and correct and you confirm that you are the person referred to in the Billing information
provided.
The Site is available only to individuals and others who meet the Site’s terms of
eligibility, who have been issued a valid credit/debit card by a bank acceptable to Stripe, Shopify, or
MoxieLash’s designated merchant services provider which designation shall be at MoxieLash’s sole
discretion, and who have authorized us to process a charge or charges on their credit/debit card in the
amount of the total purchase price for the merchandise which they purchase.
By making an offer to
purchase merchandise, you expressly authorized us to perform credit checks and, where MoxieLash feels
necessary, to transmit or to obtain your credit card information or credit report information (including
any updated information) to or from third parties solely to authenticate your identity, to validate your
credit/debit card, to obtain an initial credit card authorization and/or to authorize individual
purchase transactions.
Furthermore, you agree that we may use Personal Information provided by
you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be
disclosed to a credit reference or fraud prevention agency, which may keep a record of that
information.
We reserve the right not to accept your order in the event, for example, that we are
unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that
the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or
that you do not meet the eligibility criteria set-out within the Terms of Use.
Furthermore, we
may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole
discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise
from the Site whether or not that merchandise has been sold, removing, screening or editing any
materials or content on the Site, refusing to process a transaction or unwinding or suspending any
transaction after processing has begun.
Please refer to our Privacy Policy page
for further information about how we use your data.
MoxieLash offers products for sale that are
in stock and available for dispatch from our distribution center. Occasionally however, we may be
waiting for shipments from our suppliers. Consequently you may from time to time be given the
possibility of making an Advance Payment for certain items in which case you are able to make an Advance
Purchase. This will ensure that you receive this item in priority once stock has been delivered to us.
Your rights regarding Advance Purchase are the same as those for any other purchase at the
Site.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and
customers making Advance Payments will receive items in priority to customers on the Waiting List or
customers ordering through the Site for immediate delivery. Please be aware that we may be unable to
deliver selected Advance Payment merchandise due to production problems or quality check issues
identified when we receive an order into stock. In these circumstances we will notify you by email and
refund the Advance Payment to your credit/debit card within thirty days of being advised that
merchandise has become unavailable.
Basically, we
have the right to check that your payment is legally allowed. Also, if you pay for an item that is
out of stock, we’ll keep in touch about the details.
CHANGES TO TERMS
We
reserve the right to make changes to these Terms of Use at any time should those changes be required for
a successful technological and legal operation of this Site. You should check these Terms of Use
regularly for such changes. We are not obligated to provide you with notice of any changes to these
Terms of Use or our Privacy Policy before they become effective.
CHANGES TO PRODUCTS AND
PRICES
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping
within the USA, sales tax may be charged on orders shipped to New York State, California State, Texas
State and Delaware State. No other tax or import duty will be applied to orders shipped within the
USA.
We reserve the right to make changes to the products and prices listed on the Site, and to
other content of this website, at any time without notice.
While we do our best to ensure that
product descriptions on our website are accurate, some inaccuracies, typographical errors or
misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors
as they are identified without MoxieLash being held accountable for such inaccuracies or
errors.
Basically, these Terms of Use and other
information on the site may change from time to time.
SECURITY & PAYMENT
Your
financial & identity protection is our most important priority. That is why we process all payments
through Stripe & Shopify,, which is one of the safest & most secure payment processing systems
in the world, or through any other payment processor that MoxieLash in its sole discretion
designates.
We take reasonable care to make our Site secure. All credit/debit card transactions
on this site are processed using Stripe & Shopify, a secure online payment gateway that encrypts
your card details in a secure host environment. We will not store your credit/debit card details on our
systems as Stripe & Shopify processes it independently of MoxieLash. Stripe & Shopify ensured
all transactions will be fully encrypted and only used to process card transactions which you have
initiated. To help ensure that your shopping experience is safe, simple and secure MoxieLash and Stripe
& Shopify uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in
so far as it is in our power to do so, to keep the details of your order and payment secure, but in the
absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party
procures unauthorized access to any data you provide when accessing or ordering from the Site.
Basically, your financial transactions with us are at the
highest level of safety possible on the internet. We don’t see or keep your billing
information.
PROMOTION CODES
Promotion codes are non-transferable and there is no
cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or
offers, and must be redeemed by the date published, if provided.
Basically, promotion codes
cannot be exchanged for cash.
DUTIES AND TAXES
All prices indicated on this Site do not
reflect any or all of the international duties, taxes, or other customs charges that the package may
encounter when it arrives in its final destination. Please contact the customs agency officials to find
out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and
will not be covered by MoxieLash, Inc.
Basically, all
customs and duties are not charged by us, it’s your country’s government.
GENERAL
LEGAL TERMS
Complete Terms: the Terms of Use constitute the whole legal agreement between you and
MoxieLash and govern your use of the Services. Notwithstanding the foregoing, you understand that
MoxieLash may make changes to the Terms of Use from time to time. When these changes are made, MoxieLash
will make a new copy of the Terms of Use available at http://www.moxielash.com. You agree that MoxieLash
is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand
that it is your responsibility to check the Terms of Use regularly for changes.
Confidentiality:
You understand that MoxieLash grants the operators of public search engines permission to use spiders to
copy materials from the site for the sole purpose of creating publicly available searchable indices of
the materials, but not caches or archives of such materials. MoxieLash reserves the right to revoke
these exceptions either generally or in specific cases.
Liability in the Event of Breach: You
agree that you will comply with all of the provisions of the Terms of Use. You understand that you are
solely responsible for any breach of your obligations under the Terms of Use and for the consequences of
any such breach.
Rights Not Waived: You agree that if MoxieLash does not exercise or enforce any
legal right or remedy which is contained in the Terms of Use this will not be taken to be a formal
waiver of MoxieLash Inc.’s rights and that those rights or remedies will still be available to MoxieLash
Inc.
Severability: If any court of law, having the jurisdiction to decide on this matter, rules
that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms
of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will
continue to be valid and enforceable.
Class Action Waiver: THESE TERMS AND CONDITIONS CONTAIN
A CLASS-ACTION WAIVER. BY USING THIS WEBSITE OR PURCHASING OR USING ANY MOXIELASH PRODUCTS OR SERVICES,
OR SUBMITTING ANY COMMUNICATIONS TO (INCLUDING ORDER INFORMATION OR CUSTOMER ACCOUNT CREATION
INFORMATION) TO MOXIELASH, YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST MOXIELASH AS A
REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED
BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED
BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES
AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS
ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN
THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT
SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE
ACTION.
Violation of Terms of Use: Please report any violations of the Terms of Use by emailing
support@moxielash.com.
Independent Relationship: You and MoxieLash are independent contractors,
and these Terms of Use, including but not limited to submission or distribution of any Content you
created, will not, in whole or in part, establish any relationship of partnership, joint venture,
employment, franchise or agency between the you and MoxieLash Inc.. Neither party will have the power to
bind the other or incur obligations on the other's behalf without the other's prior written consent.
Neither party is authorized to act as an agent or representative of the other or for or on behalf of the
other party in any capacity other than as expressly set forth in the Terms of Use. Neither party shall
in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being
authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other
party, unless specifically provided for in the Terms of Use.
Basically, unplanned things can happened – we do our
best daily to stay awesome and we are not responsible due to unforeseen
circumstances.
RESOLVING YOUR CONCERNS
If you have any concerns with, or do
not understand, our Terms of Use, we welcome you to contact us and we will make every effort to address
and resolve your concerns. Feel free to contact us by email address support@moxielash.comand we will
respond within 24 hours
Basically, we’re always happy to hear from
you!