Terms of service

OVERVIEW

This website is operated by MOONHUB® GmbH. Throughout this website, the terms “we,” “us,” and “our” refer to MOONHUB® GmbH. MOONHUB® offers this website, including all information, tools, and services available on this website, to you, the user, on the condition that you accept all terms, conditions, policies, and notices set forth herein.

By visiting our site and/or making a purchase from us, you are using our “Service.” Accordingly, you agree to the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the website, including, but not limited to, users who are browsers, sellers, customers, merchants, and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing the website or using any part of the website, you agree to these Terms of Use. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current store are also subject to these Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify. Shopify provides us with an online e-commerce platform through which we can sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in the country where you reside, or that you have given us your consent for your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws applicable in your country (including, but not limited to, copyright laws).

You may not transmit any worms, viruses, or other harmful code.

A violation of any of these terms will result in the immediate termination of your services.

SECTION 2 - GENERAL TERMS

We reserve the right to deny service to anyone for any reason.

You acknowledge that your content (excluding credit card information) may be transmitted unencrypted. This is because it is (a) transmitted over various networks and (b) adapted to meet the technical requirements of new network connections.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We assume no responsibility if the information on this website is not accurate, complete, or up-to-date. The material on this website is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information that is not necessarily current and is provided for your information only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update the information. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - CHANGES TO SERVICES AND PRICES

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any changes, price changes, suspensions, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may be available only in limited quantities and may be subject to return or exchange only in accordance with our return policy.

We have made every effort to display the colors and images of our products in the online store as accurately as possible. Unfortunately, we cannot guarantee that the colors will be displayed correctly on your computer screen.

We reserve the right, but are under no obligation, to limit the sale of our products or services to specific individuals, geographic regions, or countries. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services we offer. All product descriptions or prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or received by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel the quantities purchased per person, household, or order. These restrictions may also apply to orders placed using the same customer account or credit card, or that use the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time of the order.

In addition, we reserve the right to restrict or prohibit orders that, in our sole discretion, are placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please see our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor, control, nor have any influence over.

You acknowledge and agree that we provide you with access to such tools “as is” and “as available,” without any warranties, representations, or conditions, and without any endorsement. We assume no liability arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the Website is solely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third-party providers.

We may, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services are also subject to these Terms of Use.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for, and do not endorse, the content or accuracy of such websites, and we make no guarantees regarding them. We assume no liability or responsibility for third-party websites, materials, products, or services.

We are not liable for any damages arising from the purchase or use of goods, services, resources, content, or other transactions related to third-party websites. Please read the third parties’ policies and practices carefully and ensure that you understand them before completing a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third parties.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit certain specific submissions (such as contest entries) or, without a request from us, submit creative ideas, suggestions, designs, plans, or other materials—whether online, by email, by mail, or otherwise (collectively referred to as “Comments”)—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use the Comments you send us in any medium.

However, we are under no obligation to (1) treat any Comments as confidential, (2) pay compensation for any Comments, or (3) respond to any Comments. We may, at our sole discretion, monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon any party’s intellectual property rights or these Terms of Use.

You agree that your comments will not infringe upon the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights.

SECTION 10 – PERSONAL DATA

Your submission of personal data through the Store is subject to our Privacy Policy, which can be viewed here.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping costs, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice (including after you have placed your order) and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.

We assume no obligation to update, amend, or clarify any information on the Service or any related website, including pricing, unless required by law.

Accordingly, no specified update or revision date on the Service or any related website should be taken to indicate that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit or induce others to participate in or commit unlawful acts; (c) to violate any international, federal, state, or local laws, rules, regulations, or ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that could be used in any way to impair the functionality or operation of the Service or any associated website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, engage in phishing, engage in pharming, impersonate another person, engage in spidering or crawling, or scrape data; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or any affiliated website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website in the event of violations of prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no warranty, representation, or guarantee that the use of our Service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.

You agree that we may remove the Service from time to time for an indefinite period or discontinue the Service at any time without notice.

You expressly agree that your use of the Service—or your inability to use the Service—is at your own risk. The Service and all products and services made available to you through the Service are (unless expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall MOONHUB® AG, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of the use of the Service or products obtained through the Service, or for any other claims related in any way to the use of the Service or a product, including, but not limited to, errors or omissions in content, or losses or damages of any kind arising from the use of the Service or content (or products) published, transmitted, or otherwise made available through the Service, even if advised of the possibility thereof. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MOONHUB® AG and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any and all claims or demands, including reasonable attorneys’ fees, made by any third party arising out of your violation of these Terms of Use or the documents to which they refer, or your violation of any law or the rights of any third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Use, and such a determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties arising prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Use remain in effect unless terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.

If, in our sole discretion, you fail to comply with any term or provision of these Terms of Use, or if we suspect that you were unable to do so, In such a case, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) accordingly.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted the text.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements by which we provide services to you are governed by and construed in accordance with the laws of Zurich, ZH, Switzerland.

SECTION 19 – CHANGES TO THE TERMS OF SERVICE

You can view the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. If you continue to use or access our website or the Service after changes to these Terms of Service have been posted, you are deemed to have accepted those changes.

SECTION 20 – CONTACT INFORMATION

Please direct any questions regarding the Terms of Service to info (at) moonhub.ch.