Terms of Service
Terms of Service Overview
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Introduction
This website is operated by Moschburg LLC. The terms "we", "us", and "our" used throughout the site refer exclusively to Moschburg LLC. We offer this website, including all the information, tools, and services available from it to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
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Scope and Acceptance of Terms
By visiting our site and/or making a purchase, you engage in our “Service” and agree to be bound by these Terms of Service ("Terms"), which include additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all site users, including but not limited to browsers, vendors, customers, merchants, and content contributors.
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Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all of these terms and conditions, you are not authorized to access the website or use any services. These Terms are considered an offer, and acceptance is expressly limited to these Terms.
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Changes and Updates
New features or tools added to the current store are subject to the Terms. You can review the most current version of the Terms on this page. We reserve the right to update, change, or replace any part of these Terms 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 any changes indicates your acceptance of those changes.
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Hosting Platform
Our store is hosted on Wix Inc., which provides the online e-commerce platform that enables us to sell our products and services to you.
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Section 1 - Online Store Terms
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Eligibility and Consent
By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction and that you have given us your consent to allow any of your minor dependents to use this site.
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Legal and Authorized Use
You must only use our products and services for lawful purposes and must not violate any laws in your jurisdiction, including copyright laws. You are prohibited from transmitting harmful code and violating the integrity of the site.
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Violation and Termination
Any breach or violation of these Terms will result in immediate termination of your Services.
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Section 2 - General Conditions
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Service Refusal
We reserve the right to refuse service to anyone, at any time, for any reason.
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Data Transfer and Encryption
Your data, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and modifications to conform to technical requirements. Credit card information is always encrypted during transfer over networks.
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Intellectual Property and Unauthorized Use
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service, without our express written permission.
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Section 3 - Accuracy, Completeness, and Timeliness of Information
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Information Reliability
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is for general information only and should not be solely relied upon for decision-making without consulting more accurate, complete, or timely sources of information.
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Responsibility for Monitoring Changes
We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information. It is your responsibility to monitor changes to the site.
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Section 4 - Modifications to the Service and Prices
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Price Changes Prices for our products are subject to change without notice.
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Service Modifications We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice.
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Liability Limitation
We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
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Section 5 - Products or Services
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Online Availability
Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and are subject to our Return Policy.
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Display Accuracy
We have endeavored to display product colors and images accurately, but cannot guarantee the accuracy of your computer monitor's display.
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Sales Limitations
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and pricing are subject to change at any time without notice.
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Product Quality and Service Errors
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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Section 6 - Accuracy of Billing and Account Information
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Order Management Discretion
Moschburg LLC reserves the unilateral right to refuse or cancel any order placed with us. We may limit or cancel purchases per person, household, or order at our sole discretion. This includes orders linked to the same customer account, identical credit card, and/or orders utilizing identical billing and shipping addresses. Should we alter or cancel an order, efforts will be made to notify you via the provided email, billing address, or contact number at the order's inception. We further reserve the right to restrict or prohibit orders which, in our judgment, seem to be placed by distributors, resellers, or dealers.
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Responsibility for Accurate Information
You are obliged to provide current, complete, and accurate information for all purchases conducted at our store. This includes an imperative to promptly update account details and other information, such as your email address, credit card numbers, and expiration dates, to facilitate transaction completion and necessary communication.
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For additional details, please refer to our Returns Policy.
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Section 7 - Optional Tools
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Access to Third-Party Tools
We may offer you access to third-party tools over which we do not monitor, control, or input. Acknowledge that we provide access to such tools on an "as is" and "as available" basis with no warranties, representations, or conditions of any kind and without any endorsement. We bear no liability whatsoever arising from or related to your use of optional third-party tools.
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User Discretion and Risk
Your use of any optional tools offered through the site is entirely at your own risk and discretion. It's crucial that you familiarize yourself with and approve of the terms provided by the relevant third-party provider(s).
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Future Services and Features
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). These new features and/or services shall also be subject to these Terms of Service.
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Section 8 - Third-Party Links
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Third-Party Content Our Service may include content, products, and services from third parties. Third-party links on our site may direct you to external websites not affiliated with us. We do not assume responsibility for examining or evaluating their content or accuracy and do not warrant, and will not have any liability or responsibility for any third-party materials, websites, or any other products or services of third parties.
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Liability for External Transactions
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions in connection with any third-party websites. Carefully review the third-party's policies and practices and ensure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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Section 9 - User Comments, Feedback, and Other Submissions
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Use of Submitted Content
If you send us specific submissions (e.g., contest entries) or, without a request from us, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, edit, copy, publish, distribute, translate, and use any comments that you forward to us. We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
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Content Moderation
We reserve the right to monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service.
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Representation and Liability for Comments
You agree that your comments will not violate any right of a third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful material, and will not contain harmful malware. You represent that you are responsible for comments made and their accuracy, and we assume no liability for comments posted by you or any third-party.
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Section 10 - Personal Information
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Governance by Privacy Policy Your submission of personal information through the store is governed by our Privacy Policy, accessible via our website.
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Section 11 - Errors, Inaccuracies, and Omissions
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Information Accuracy Commitment
At Moschburg LLC, we strive to provide the most current and accurate information on our website and in our Service. However, there may occasionally be information that contains typographical errors, inaccuracies, or omissions, particularly relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In response to any such discrepancies, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate at any time without prior notice, including after an order has been submitted.
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Ongoing Updates and Clarifications
We do not undertake an obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
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Section 12 - Prohibited Uses
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Use Restrictions
In addition to other prohibitions set forth in the Terms of Service, users are prohibited from using the site or its content for unlawful purposes; soliciting others to perform unlawful acts; violating international, federal, state, or local regulations, rules, and laws; infringing upon our or others' intellectual property rights; engaging in harassment, abuse, defamation, discrimination, or spreading misleading information; uploading or transmitting harmful code; and interfering with the security features of the Service, related websites, or the Internet. Violations will result in termination of Service access.
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Section 13 - Disclaimer of Warranties; Limitation of Liability
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Service Limitations and User Risk
Moschburg LLC does not guarantee uninterrupted, secure, or error-free use of our service. While we aim for accuracy and reliability, we do not warrant that results obtained from service use will be accurate. You acknowledge that we may remove the service for indefinite periods or cancel it at any time, without notice.
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Liability Disclaimer
Your use of the service is at your sole risk. The service and all products and services delivered through the service are provided 'as is' and 'as available' without any representation, warranty, or condition of any kind, either express or implied. Our liability is limited to the maximum extent permitted by law, and we are not responsible for any injury, loss, claim, or damages of any kind arising from your use of the service or any products procured using the service.
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Section 14 - Indemnification
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User Responsibility
You agree to indemnify and hold harmless Moschburg LLC, our affiliates, and their respective officers, directors, agents, contractors, and employees from any claims, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
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Section 15 - Severability
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Legal Enforceability
If any provision of these Terms of Service is determined to be 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, not affecting the validity and enforceability of any other remaining provisions.
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Section 16 - Termination
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Terms Continuity and Termination Rights
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site. We may also terminate this agreement at any time without notice if you fail to comply with any term or provision of these Terms, and you will remain liable for all amounts due up to and including the date of termination.
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Section 17 - Entire Agreement
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Comprehensive Agreement
This section emphasizes that the Terms of Service, including any policies or operating rules posted on our site or in respect to the Service, represent the complete and exclusive understanding and agreement between you, the user, and Moschburg LLC. This agreement governs your use of the Service and supersedes all prior or contemporaneous agreements, communications, and proposals, both oral and written, between you and Moschburg LLC. This includes any prior versions of the Terms of Service.
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Non-Waiver of Rights
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
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Section 18 - Governing Law
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Jurisdictional Compliance
The Terms of Service and any separate agreements whereby we provide you Services are governed and construed in accordance with the laws of 124 Dorado Beach East, Dorado, Dorado Puerto Rico 00646-2094, United States. This clause establishes the legal jurisdiction and governing law for the Terms.
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Section 19 - Changes to Terms of Service
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Dynamic Nature of Terms
We frequently update and amend the Terms of Service, and you can always find the most current version on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following any such changes constitutes your acceptance of those new terms.
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Section 20 - Contact Information
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Communication and Inquiries For any questions or clarifications regarding the Terms of Service, please reach out to us at moschburg@gmail.com. We welcome your inquiries and are dedicated to providing clarity and assistance.