TERMS & CONDITIONS OF WEBSITE USE

These Terms of  Use, and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.

This Agreement constitutes a legal agreement between you (“you”) and MOON KIDS FURNITURE MANUFACTURING LLC (hereinafter referred to as “Moon Kids”, “we” or “us”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs and services made available by Moon Kids (the “Products”).  The following are the terms of use that govern use of the moonkidshome.com website (“Site”). By using the Site you expressly agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ORDERING PRODUCTS.

1. Payments
2. Delivery
3. Refunds & Cancellation
4. Product Information & Copyright
5. Communications & Promo Codes
6. Limitation of Liability & Indemnity
7. General
8. Amendments to Terms & Conditions
9. Contact Info

1. Payments

• Moon Kids Furniture Manufacturing LLC (Moon Kids) currently offers two ways to pay for your order – Payment methods are 1) Visa/Mastercard or 2) Direct Bank Transfer.
• If you are paying via Visa/Mastercard, your transaction will be processed in AED (United Arab Emirate Dirhams) via Telr automatically at checkout.  Moon Kids does not directly receive or store your credit or debit card information.
• You agree, understand and authorize the payment of Charge(s) according to Telr’s terms and conditions. Moon Kids expressly disclaim any liability for any damage that may result should any credit or debit card information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
• All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction.
• Payment confirmation will be sent to you by email for all online payments. This should be received immediately after payment, but please allow up to 12 hours.
• Prices will be set out in the currency of the country which you are purchasing and exclude all taxes.
• We reserve the right to modify our prices at any time.
• Customers must be 18 years of age when using the Moon Kids website.
• Customers must retain a copy of transaction records and our policies and rules.
• User is responsible for maintaining the confidentiality of any accounts on Moon Kids website or Payment provider websites.

2. Delivery

• In most cases, delivery is excluded, and additional delivery charges will be indicated on the individual product pricing during the purchase process.
• Once your order is placed, you will receive a confirmation email from the Moon Kids Team.
• Delivery is carried out by a third party courier and additional charges apply .
• Moon Kids products are made to order so lead times will vary between different products and will be specified on each product during the ordering process.
• Moon Kids does everything in its power to respect the stated delivery times. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make the delivery.
• If you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your query. During this period of investigation, no reimbursement or re-delivery will take place.

3. Refunds & Cancellation

• Moon Kids will only allow refunds, within 7 days, of purchases in the following circumstances
  • The wrong product was sent
  • The product is defective
  • The product was damaged in shipping.
• Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days on return of the time and subject to the respective merchant service provider’s user agreement and the issuing bank of the credit card.

• Moon Kids does not allow for cancellation of an order as all items are made to order.
• Charges paid by you are final and non-refundable, unless otherwise determined by us.
• All Charges are due immediately.
• We reserve the right to establish, remove and/or revise prices for any or all of the Moon Kids products at any time in our sole discretion.

4. Product Information & Copyright

• Moon Kids takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes, deviations or omissions to any information given.
• Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the Moon Kids Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) of Moon Kids. Our Marks may not be used for any purpose except as specifically approved by us.
• All other Marks are the property of their respective owners and may not be used without their prior written consent. It is your sole responsibility to obtain the prior written consent of respective owners of other Marks.
• Copyright Policy. Moon Kids may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without express consent, a valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
• You acknowledge and agree that Moon Kids will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of any Products made by or for you.

5. Communications & Promo Codes

• You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and push notifications, to the mobile telephone number you provided to us and/or through the Moon Kids Platforms. You understand that you may receive communications generated automatically by or on behalf of Moon Kids or its affiliated companies, including operational communications concerning your Account, use of the Moon Kids Platform or Services, updates concerning new and existing features on the Moon Kids Platform, communications concerning promotions, and news concerning our products. You agree that all communications on the Moon Kids Platform is recorded and will be stored by Moon Kids. You agree to our use and disclosure of this data for legitimate business
• We may create promotional codes or credits that may be redeemed for credit, or other features or benefits related to the products, subject to any additional terms associated with each promotion (“Promo Codes”). You agree that Promo Codes: (i) must be used by the intended audience and for the intended purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to Moon Kids; (iv) may only be used pursuant to the specific terms that we established for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Moon Kids reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

6. Limitations of Liability & Indemnity

• MOON KIDS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. MOON KIDS ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER.
• YOU AGREE NOT TO HOLD MOON KIDS (OR, ITS OWNERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE MOON KIDS PLATFORM OR ANY PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MOON KIDS OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
• UNDER NO CIRCUMSTANCES WILL MOON KIDS OR ITS MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOON KIDS AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MOON KIDS PLATFORM.
• MOON KIDS IS NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE MOON KIDS FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. WHERE APPLICABLE, THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE MOON KIDS PLATFORM SHALL ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MOON KIDS OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT PAID BY YOU FOR THE MOON KIDS PRODUCTS.
• BY USING THE MOON KIDS PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE MOON KIDS PLATFORM.
• You hereby agree to indemnify, defend, and hold harmless Moon Kids, its subsidiaries, affiliates, officers, agents and other partners and employees from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Moon Kids Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another; and (v) your information and content that you submit or transmit through the Moon Kids Platform.

7. General

• Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates as enforced in the Emirate of Abu Dhabi. Any and all disputes, controversies and claims arising out of, involving, or relating to this Agreement shall be referred to the exclusive jurisdiction of the courts of Abu Dhabi, specifically excluding the Abu Dhabi Global Market Courts.
• Assignment and other dealings: (a) Moon Kids may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Agreement (b) You may not assign, transfer, mortgage, charge, subcontract, or deal in any other manner with any or all of our rights or obligations under the Agreement without the prior written consent of Moon Kids.

• Severance: If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
• Waiver: Any waiver by either party of any breach, term or condition to be effective only if in writing and such waiver shall not be deemed to be a waiver of any subsequent or other breach, term or condition of this Agreement.
• Exclusions: We will not trade with or provide any products or services to OFAC and sanctioned countries.

8. Amendments to Terms & Conditions

• The Website Policies and Terms & Conditions may be changed or updated occasionally to meet requirements and standards in Moon Kids absolute discretion and without reference to you. Therefore, Customers’ are encouraged to frequently visit these sections to be updated about the changes. Modifications will be effective on the day they are posted.
• These Terms were last modification was made 25 April 2021.

9. Contact Info

• We welcome any comments, questions and communication.
• E-mail: contact@moonkids.ae
• Telephone: +971 (0)555910112