The website www.mystandmoon.com (hereinafter “Website”) and any content therein (defined below) is owned and operated by Myst + Moon, LLC (hereinafter “we” “us” “our”). Please read all Terms of Service before making a purchase from our Website - by purchasing a product you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms of Service and agree to be bound by them. Such agreement and acknowledgement shall apply to any and all purchases made on the Website and for all future purchases thereafter.
TERMS OF PURCHASE
By purchasing a product you acknowledge that you are at least 18 years of age and have the required mental capacity to enter into and abide by the terms of these Terms of Service. Purchase of any products by anyone under 18 is strictly prohibited by us. By purchasing a product, you are agreeing to the terms of these Terms of Service as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with the included terms, please do not purchase our Products. These Terms of Service are subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby informs all customers and clients that the burden is on the customers to check the Terms of Service for updates from time to time. These Terms of Service shall prevail in the event of a conflict or issue.
PURCHASES MADE THROUGH OUR WEBSITE
By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all Products, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment. You agree and acknowledge that all purchases made through our website are done on a voluntary basis and that you are to remain financially responsible for any and all purchases made by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website. By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all goods You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree and acknowledge that any information provided by you to us or our payment processor is true and accurate. Should your payment fail to process, we reserve the right to withhold the intended purchased product from you unless and until payment is properly rendered. Company is not held liable for consumer not practicing responsiblity or correct usage for items such as “cleansing” products. It is the consumers responsibility to practice due diligence of said items after purchase.
PRODUCTS PRICING, DETAILS, DESCRIPTIONS AND AVAILABILITY
Company shall not be held responsible for any pricing, typographical, or any other errors in pricing which are stated on Website. We specifically reserve the right to cancel at any time any orders which arise from such errors should we determine that such inaccuracies are contained in Website. Should a Product price be lower than the amount stated on the Website, Company shall honor and charge the lower amount. Should any other inaccuracies in pricing be found, Company shall email you and cancel such order. All price of Products are listed in United States currency (USD), unless stated otherwise. All prices of Products do not include shipping and handling, unless stated otherwise. All sales are subject to product availability. Company may revise, discontinue or restructure any product at any time without notice to You, any visitor to our Website or otherwise. You agree and acknowledge that should company discontinue or revise any product, any saved items, saved searches or items in your shopping cart may be affected. Should any product be unavailable due to a miscount in inventory, You shall be promptly notified and refunded. Company reserves the right without prior notice to You to limit the quantity of or discontinue any Product, refuse service to any Website visitors, or limit quantities on orders placed by the same user, credit card, billing or shipping address.
ACCURACY OF MATERIALS
Company makes every effort to accurately describe and display our Products on our Website. You agree and acknowledge that, from time to time, items might be mis-priced, described in an inaccurate manner or unavailable. Company does not guarantee the accuracy or completeness of the information provided on our Website relating to the Product prices, exact Product functionality, purpose of use, fitness for a particular purpose, colors, shapes or sizes as depicted on our Website, Instagram Feed, Facebook Page, or Advertising, regarding any Product availability. All website sales and Instagram sales are final.
INSTAGRAM LIVE SALE POLICIES
Company makes every effort to accurately describe and display our Products on camera during our live sales. You agree and acknowledge that, all item(s) are sold as-is. Company is not responsible for any damage the item may incur after being received by the consumer. All items are accurately described, shown, and confirmation is affirmed by customer during the live sale in commentary. Live video is kept on file to review each client claim and accuracy of purchases. Customer bids and claims each item and acknowledges Company rules and policies each time they claim an item for purchase. Claiming an item during a live sale is committing to purchase. Company will not refund for any “inacurracy” of item(s). Company will not refund for receiving an item(s), You bid on during our live and requesting refunds through selected payment processor (payment which was used during check out IE: credit card and/or PayPal) or payment processing cases “for an inaccurate” description of a live sale item. If a case is opened (for any reason) Company will furnish all evidence of purchase(s), and confirmation of agreement through our Terms of Service (provided by our website) to the payment processor or legal party as requested. By bidding during our lives, You the consumer acknowledge these rules. Live sale listings will be posted to our website 24-48 hours after the live sale has ended. Once the live sale item invoice has been listed on our website there is a 24 hour payment policy, which is enforced with no exceptions (unless discussed otherwise as an agreement between You and Company). You as the consumer acknowledge the 24 hour payment policy and if the item has not been paid for within 24 hours, Company reserves the right to block You from Instagram, all future live sales, and forfeit your unpaid items. Company practices zero tolerance for any and all solicitation during our live sales, and reserves the right to block and remove all solicitors on our social media pages. All Instagram live, feed, VIP sales are final. By purchasing from the Company’s “Second Chance Crystals”, You the consumer acknowledges that each crystal will have damage/s. This could include but is not limited to: nicks, scrapes, cracks, leaning, chips, base damage, tip damage, and/or other aesthetic and/or structural issues. All crystals are sold as-is and You the Consumer acknowledges the damage/s. You the Consumer acknowledge and confirm that You have read our policies and agree to purchasing the “damaged” crystals. No refunds, exchanges, or returns. All sales are final.
SHIPPING POLICIES
Title and risk of loss or damage to any Products passes to the purchaser upon delivery by us to the carrier for shipment of any Product(s) You purchase. Company shall ship purchased Products to a Domestic address within 3-5 business days after confirmed payment, aside from Holidays and weekends. The Company packs and ships only during normal business days which consists of Monday through Friday, excluding weekends (Saturday & Sunday). All regular website items, Instagram live sale items, shall be shipped through USPS priority mail or UPS ground with tracking. All VIP, collectors an curators items shall be shipped at the buyers cost through UPS or FEDEX overnight, priority or ground shipping. Insurance is available for both USPS shipments and UPS/FEDEX shipments at cost to the buyer. Should Company anticipate any delays in shipping, a member from Company shall immediately contact you via email. Tracking numbers shall be provided via email once the Product(s) have been shipped. Once the item reaches it’s destination there will be another email sent to the consumers email address confirming delivery. Company is not held liable for incorrect shipping addresses entered in by You via our website. This includes but is not limited to: incorrect emails, passwords, or personal information entered by You. Company does not refund for any item(s) delivered to incorrect shipping addresses. Company goes by the exact address entered by You, and does not change nor have the ability to change a customers profile, personal information, billing information, or shipping addresses. Customer is solely responsible for providing the correct address before we ship. Company is not responsible for any issues that may arise after a package has been confirmed delivered, such as: items that have been stolen, missing packages, damages, after it has reached its final destination. In the event if a package is stolen, or a package is missing after confirmation of delivery, You, the consumer will be fully responsible to put in a claim with the carrier. Once the item has been confirmed as delivered, it is fully the consumers responsibility, You, to locate and pick up your package. Company will not be responsible or liable for locating your package or putting in a claim for stolen or missing packages after it has been confirmed as delivered to the consumers address as listed.
INTERNATIONAL SHIPPING No international shipping is provided at this time. Products shall be shipped to a domestic address within the United States.
TAXES AND OTHER CHARGES
Company shall include Texas sales tax on all Products purchased. You agree and acknowledge that should Company be legally required to collect any additional taxes at the point of sale, all applicable taxes shall be added to the purchase price, unless a tax exemption is applicable.
RETURNS AND EXCHANGES
All returns are done at the discretion of Myst + Moon, LLC. You, the client understands the nature of the items which the Company specializes in, will have growth patterns, striations, voids, inclusions, etc., from the items natural growth process. By purchasing from our store, You, understand, acknowledge, and accept these terms. Any natural growth there of (striations, voids, growth patterns, inclusions, etc.,) this does not qualify as “damage”. Returns and exchanges are generally NOT accepted due to the nature of the items. However, for a return request, fill out our contact form with the Subject line: Return Request, and/or you may start the process through emailing us at contact@mystandmoon.com. Company will request pictures and video of damaged items in order to review and start the return process, this does not solidify a refund, but initiates the process thereof. Purchases must be securely wrapped and returned in their original packaging. Drop off your package to your local UPS, FedEx or USPS. Please be sure to obtain a receipt for your records and provide tracking information to the Company. A refund shall be processed within five (5) business days of arrival to the Company if the item is deemed broken or returnable, per the company’s discretion. Item must be returned in the same manner it arrived at the time of return was initiated. Company is not responsible for any damages or loss of items which may occur during shipping the items back to Company. If you received an incorrect or “damaged” item we will offer store credit at our discretion. To be eligible for store credit, you must send proof of incorrect or damaged item to contact@mystandmoon.com within 48 hours of receiving it. You agree and acknowledge that You are responsible for the cost of shipping returned items, and will only be refunded (if/when the refund is warranted and approved by discretion of Myst + Moon LLC) for only the cost of the item. Shipping will not be refunded.
PRE-SALE ITEMS
From time to time, Company shall sell products on pre-sale. Should you purchase an time on pre-sale, You shall be charged for such item to ensure your reservation of the Product. All pre-sale items shall be shipped as soon as the Product is available for sale and completed.
INTELLECTUAL PROPERTY RIGHTS
This Website is derived from, are the property of Company and/or our affiliates or licensors, and are protected by US Patent and Trademark laws, copyright laws and other intellectual property laws. This Website contains original work that has been created for the sole use of Myst + Moon, LLC and is considered intellectual property and is protected under Federal Intellectual Property Laws which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”). As a visitor of our Website, you understand and acknowledge that all materials have been created, curated and developed by Company using significant time, effort, expenses and investment and that as such, all material is a valuable and unique asset belonging to Company and shall not be used in an improper or unauthorized manner. You will not use our Website content and Products in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent. Your ability to view the Website content grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only. You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Website content or Products as set forth in these Terms of Service is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense. Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Product titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission. All rights not expressly granted in these terms or any express written license, are reserved by us. At times you may be offered free download, printable, audio or visual content, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to access this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Myst + Moon, LLC credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
TECHNOLOGY DISCLAIMER
Company makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, error-free of our Website or any other materials provided by us to you. Every effort has been made to present to you with the most accurate, up-to-date information in our Website. However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. You acknowledge that the content and such information may contain inaccuracies or errors and Company is not liable for any such inaccuracies or errors to the fullest extent permitted by the law. Company cannot guarantee access to our Website. You acknowledge that access might be suspected or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. You acknowledge that, to the fullest extent permitted by law, Company is not liable for damages or refunds, or for any other recourse, should our Website be unavailable, access might be slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays in accessibility to our Website. You understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.
CONFIDENTIAL INFORMATION
To purchase a Product, we may seek Confidential Information, such as e-mail address, phone number, street address, billing information, username and password or any other personally-identifying information (“Confidential Information”) by submission to us. By providing such Confidential Information, you expressly grant to Company permission to use and store such information. In turn, we will use our best efforts to maintain your confidential information in a safe, secure and confidential manner in accordance with these Terms of Service and our Privacy Policy. If you believe that any of your Confidential Information is incorrect or incomplete, please contact the Company as soon as possible so that we may correct any and all incorrect information. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate, current and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information and agree to bear the consequences should you use anyone else’s information as your own. All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows: Pursuant to the terms in this Terms of Service, Terms and Conditions, Terms of Use, Privacy Policy and our Disclaimer; If we are required to do so by law;In the good-faith belief that such action is necessary to conform to the law; To comply with any legal process served on either us or our partners, sponsors, investors, or affiliates;To protect and defend our rights or property or those of our users or purchasers, and/or;To act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for any direct, special, consequential, incidental or any other indirect damages arising out of or relation to the purchase of any products that you purchase or receive through or on our Website and/or through Live Sales on Instagram. You understand and agree that Company is not liable for any type of direct or indirect damages including but not limited to general, specific, incidental, consequential, punitive, or special damages accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, lost profits or revenues, lost data, or lost goodwill, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, attorneys or otherwise who is engaged in rendering our Products, or in any way or in any location. In the event that you use our Products or any other information provided by us or affiliated with us, we assume no responsibility. Company shall not be liable to you for the purchase of any product regardless of any such damage or the nature of any claim, whether for breach of contract, by statute, for any tortious conduct (including, but not limited to, negligence and strict liability) or by any other legal cause of action, whether or not we have been advised of the same. You agree that liability of Company shall be limited to the purchase price of the Product(s) in question which were paid by you. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone. Company takes reasonable precautions and measures to keep all information private and confidential. We accept no responsibility for any third-party hacking or third-party ability to gain access to such confidential information held by us. You are agree and understand that we shall not be held liable for any unauthorized access to or use of your information, property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs. Furthermore, Company takes no responsibility or liability for policies of third-party payment processing companies used to make payments through our Website. Please note that by using the third-party payment processor or visiting our Website subjects you to the terms and conditions, privacy policies, and disclaimers of those company, in addition to our own. We highly recommend that you read their individual policies and terms and conditions in addition to our own. Should you incur any damages as a result of the use of a third-party payment processor, you agree not to file or assert any claims against arising from the purchase of a product. You also acknowledge and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
INDEMNIFICATION
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, attorneys, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website or Products, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge. We shall not be liable for any content posted to our Website by a third party and, as a Visitor, you agree to release us of any and all claims arising therefrom. we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Products, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
DISPUTE RESOLUTION
It is the intent of Company that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at contact@mystandmoon.com and include all of your reasons for dissatisfaction with your Product. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Products you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action. You also agree that should arbitration take place, it will be held in Austin, Texas, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. If any terms of these Terms of Service are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
GOVERNING LAW
These Terms of Service shall be governed by the laws of the State of Texas, regardless of the conflict of laws principles thereof.
TERMINATION
Company has the right to refuse or immediately terminate your access to our Website, Instagram, Facebook or any other social media outlet owned by the Company at any time, for any reason, with or without notice. Should this occur, no explanation is owed to you, nor is this decision subject to any appeals or legal action. Should you have any questions about any term of these Terms of Service, please contact us at contact@mystandmoon.com. Thank you.
Additionally, please review the terms of our Privacy Policy for how your information is stored and shared.
