TERMS OF USE
This agreement is between you, the user of the website (hereinafter referred to as the “User” or “you”), and MAGNETIC MOON LLC (referred to herein as “MAGNETIC MOON”, “we”, “our” or “us”).
If you do not agree with all of the provisions of this agreement, you cannot use the Website. To remove any doubt, in the event of any conflict or discrepancy between these Terms of Use (these “Terms”) and any other agreement, of any kind, written or verbal, between MAGNETIC MOON and you, the provisions of these Terms shall prevail. Please feel free to contact us at hello@magneticmoonsb.com with any questions regarding these Terms.
Your use of www.magneticmoonsb.com (the “Website”), is subject to the terms and conditions set forth herein. MAGNETIC MOON reserves the right to update these Terms at any time without notice to the User.
1. USAGE.
You must be at least 18 years old to access the Website. If you are less than 18 years old, you may only access the Website under the guidance and supervision of a parent and/or guardian. All users, including you, must use the Website in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions contained herein, you agree to indemnify MAGNETIC MOON for any losses, costs or damages, including reasonable legal fees, incurred by MAGNETIC MOON in relation to, or arising out of, such a breach.
2. ABOUT MAGNETIC MOON.
At MAGNETIC MOON, nestled in the heart of California, within Santa Barbara County, we are more than just a company – we are a celebration of the healing power of nature. Our journey began with a simple mission: to harness the natural goodness of herbs and transform it into a range of vitality-boosting products that promote wellness and harmony in everyday life. Nature is our muse and our pharmacist. We believe in the gentle yet potent power of herbs and natural ingredients. Our products are a testament to this belief – each batch is crafted with care, precision, and a deep respect for the natural world. We blend traditional herbal knowledge with modern techniques to create products that are not only effective but also a joy to use.
Our product line is a reflection of our passion for herbal wellness. We specialize in creating:
• Oxymel: A delightful drinking vinegar, infused with organic herbs, offering a refreshing twist to your wellness routine.
• Herbal Tea Blends: Each blend is a symphony of flavors and health benefits, carefully curated to soothe, rejuvenate, and invigorate.
• Salves: These ointments are crafted to provide natural relief and care for your skin, using the finest organic ingredients.
• Lip Balms: Nourish and protect your lips with our range of organic, soothing lip balms.
3. APPLICABILITY.
These Terms apply generally to:
a) The use of any information, pictures, documents and/or other services offered by MAGNETIC MOON via our Website; and
b) The ordering, shipping and delivery, and replacement of Oxymel, Herbal Tea Blends, Salves, Lips Balms, and other products sold by MAGNETIC MOON (collectively referred to herein as the “Products”) via the Website, in conjunction with, and not in contravention of, the MAGNETIC MOON Return Policy available on our Website.
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS.
The Website may feature links to external, third-party Internet websites not affiliated with MAGNETIC MOON, including, but not limited to, Shopify (“Third-Party Sites”). MAGNETIC MOON hereby declares explicitly that it has no influence over the layout or content of the Third-Party Sites, and dissociates itself expressly and unconditionally from such Third-Party Sites. MAGNETIC MOON shall not be liable for your use of Third-Party Sites, or the content or information featured on such Third-Party Sites. Our Privacy Policy and Cookie Notice do not apply to any collection and/or processing of your personal information or data on or through such Third-Party Sites.
5. INFORMATION ON THE WEBSITE.
The information on the Website is for general information purposes only and does not constitute advice. MAGNETIC MOON has composed the Website with care, however, the information, text, documents, graphics, and/or other content/information contained thereon (collectively, the “Website Content”) may contain errors or be otherwise incorrect or incomplete. MAGNETIC MOON does not guarantee that the Website and/or the Website Content is free of errors, defects, malware and viruses or that the Website and/or Website Content is correct, up to date and/or accurate.
To the maximum extent permitted under applicable law, MAGNETIC MOON shall not be liable for any damages resulting from your use or inability to use the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of the Website and/or Website Content, unless such damage is the result of any willful misconduct or gross negligence on the part of MAGNETIC MOON.
Furthermore, MAGNETIC MOON shall not be liable for damages resulting from your use of (or your inability to use) electronic means of communication facilitated through this Website, including – but not limited to – damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties, or by computer programs used for electronic communications and transmission of viruses.
6. INTELLECTUAL PROPERTY/COPYRIGHT.
All brand names, logos, product names and titles used on the Website are trademarks or trade names of MAGNETIC MOON or third-party trademark or trade name holders. You are not allowed to use or reproduce any of the names, logos, product names and titles used on the Website, as such use may constitute an infringement of the applicable holder’s intellectual property rights.
The Website, Website Content, and the selection and arrangement thereof, and all software compilations, underlying source codes, software and other materials on this Website are owned by or licensed to MAGNETIC MOON and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than that mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
7. DATA PRIVACY.
MAGNETIC MOON collects and processes your personal data according to our Privacy Policy and Cookie Notice. Please familiarize yourself with this notice by clicking the hyperlink titled “Privacy Policy and Cookie Notice” displayed at the bottom of our webpage.
8. UNSOLICITED IDEAS.
In the event you send unsolicited ideas and/or materials, whether consisting of texts, images, sounds, software, information or otherwise (“User Materials”) to MAGNETIC MOON by e-mail or otherwise, you grant us an irrevocable, perpetual, free of charge, non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such User Materials to the fullest extent possible, in whatever form and via all media known and to date unknown . MAGNETIC MOON shall not be bound by any confidentiality obligation in respect of such User Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold MAGNETIC MOON harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the User Materials by MAGNETIC MOON, including any claim arising from or relating to any infringement of the intellectual property rights of any third party.
9. PAYMENT, PRICING & SHIPPING.
a) Authorized Payment.
Payment for the purchase of any Product can be done with the use of Shopify, PayPal and/or credit/debit cards. Please note that, in using any Third-Party Site, such as Shopify or PayPal, to complete your purchase of Products offered by MAGNETIC MOON, your use of such site is governed by the terms of use and/or privacy policy put in place by that Third-Party Site, and MAGNETIC MOON has no liability for any damages or losses experienced by you in connection with your use of any Third-Party Site, even where your use of such site is in connection with your purchase of MAGNETIC MOON Products. By using a credit card or other payment method to purchase Products from MAGNETIC MOON, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Products using the Website (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method, or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedy available to us: (i) cancel or suspend any undelivered portion of your Order(s), (ii) make second and/or subsequent attempts to charge your payment method, and/or (iii) use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders made by you.
b) Payment and Billing Information.
All prices shown for Products on the Website are in United States Dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Product offerings, and to adjust Product prices as we may determine in our sole discretion, at any time and without notice to you.
c) Taxes.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
d) Shipping and Handling.
MAGNETIC MOON offers a flat shipping rate of $10.00, with complimentary shipping on Orders over $75.00. Our products are handcrafted, and some are made to order, adding a slight delay to the turnaround time. Orders are typically shipped via USPS and are expected to be delivered within 3-5 business days, depending on your location. We do not currently offer international shipping. We reserve the right to use any shipping courier of our choosing. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
e) Deliveries.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that the Products arrive in good condition and are not damaged or defective.
f) Cancellation, Returns, and Refund Policy. Please refer to our Return Policy available on our Website. If you have any additional questions concerning returns, please contact us at hello@magneticmoonsb.com
10. ORDERING.
Orders can be placed 24 hours a day, seven days a week via our Website. You will be notified via email when your Order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.
11. PROHIBITED USES.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or the Website Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on 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 any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website over which we have control for violating any of the prohibited uses.
12. PRODUCTS.
Certain Products, services or other offerings may be available exclusively online through the Website. These offerings may have limited quantities.
We have made every effort to display as accurately as possible images of our Products, including the color and design of the packaging and content of each such Product. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products and/or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this site is void where prohibited.
We do not warrant that the quality of any Products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.
13. YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in any Order Confirmation you receive from us. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
14. PRICE CHANGES
The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
15. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website. You agree that you will abide by these Terms and will not: (a) Engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner; (c) Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Website; (d) Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access; (e) Develop any third party applications that interact with the Website without our prior written consent; (f) Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data or otherwise interfere with or modify the rendering of Website pages or functionality; (g) Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Website; or (h) Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
16. DISCLAIMERS.
Your access to and use of the Website and the Website Content provided thereon are at YOUR OWN RISK. You understand and agree that the Products are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, MAGNETIC MOON, and its founders, officers, directors, employees, agents, representatives, and partners, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MAGNETIC MOON makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Products and/or Website; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website; and (iii) whether the Products will meet your requirements or whether the Website will be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MAGNETIC MOON or through the Website, will create any warranty not expressly made herein.
The Website may contain links to Third-Party Websites or resources. You acknowledge and agree that MAGNETIC MOON is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MAGNETIC MOON of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGNETIC MOON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (iii) ANY CONTENT OBTAINED FROM THE WEBSITE.THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MAGNETIC MOON HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
17. CHANGES
If MAGNETIC MOON decides to change these Terms, we will post the changed Terms on the Website. You are advised to regularly check whether they have changed.
18. GOVERNING LAW AND JURISDICTION
These Terms are hereby governed by and constructed and enforced in accordance with the laws of the State of California. The competent courts located within Santa Barbara County, California shall have the exclusive jurisdiction to resolve any dispute between you and MAGNETIC MOON.
