Conditions of Use : Mall Moxie

Conditions of Use

Acceptance of Conditions of Use

MallMoxie.com is operated by Mall Moxie LLC.

These Terms and other applicable conditions and notices contained herein govern your use of the Mall Moxie LLC service and website (MallMoxie.com). These Conditions of Use are an ongoing contract between you and Mall Moxie LLC and apply to your use of the Mall Moxie LLC service and website (MallMoxie.com). These Conditions of Use affect your rights and you should read them carefully.

MallMoxie.com is an online store only and "Pick Up In Store" is not available. However we ship all our items from several warehouses located nation-wide.

Disclaimers

We do not guarantee that all the items are in stock. We do our best, but sometimes we run out of an item and cannot reorder. We may have to cancel the order in this case.

Pricing

We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Customers should be aware that product prices can and do fluctuate depending on the market and manufacturer policies. Mall Moxie LLC has no control over any manufacturer's pricing policies and therefore cannot guarantee any item will remain any particular price for any period of time.

Copyright Notice

All rights reserved by Mall Moxie LLC for custom graphics, media, text and logo of MallMoxie.com. All other trademarks or service marks are property of their respective owners. Mall Moxie LLC expressly disclaims all responsibility and liability for uses by you of any of the contents obtained on or in connection with MallMoxie.com.

Sales Tax

Mall Moxie LLC doesn't collect sales tax at this moment, since State of Oregon doesn't have sales tax.

However Mall Moxie LLC may collect and remit sales taxes for other states in the future.

User Accounts and Usages

Certain services offered on or through MallMoxie.com require you to first open an user account. You are responsible for maintaining the confidentiality of your user account information, including your password, and for all activity that occurs under your account. You agree to notify Mall Moxie LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MallMoxie.com or any other user of the website due to someone else using your password or user account. You may not use anyone else's password or user account at any time. You may not attempt to gain unauthorized access to MallMoxie.com. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your user account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process.

Email Communication

By establishing an user account with us, and/or each time you make a purchase through MallMoxie.com, you grant permission for Mall Moxie LLC to contact you at your e-mail address. To stop receiving our marketing emails follow the opt-out procedures set forth in such marketing emails.

Payments

Generally, credit and debit card are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Best Buy Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Return Policy

All sales made through the MallMoxie.com are subject to Mall Moxie LLC's return policy. For a complete explanation of the return policy, please see Shipping & Returns page.

Shipping Policy

All sales made through the MallMoxie.com are subject to Mall Moxie LLC's shipping policy. For a complete explanation of the shipping policy, please see Shipping & Returns page.

Privacy Policy

For a complete explanation of the privacy policy, please see Privacy Policy page.

Disclaimer of Warranties

THE WEBSITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF MALLMOXIE.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FIFTEEN (15) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, MALL MOXIE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY MALLMOXIE.COM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

LIMITATION OF LIABILITY

THE ENTIRE RISK ARISING OUT OF THE USE OF THE WEBSITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL MALL MOXIE LLC OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE MALLMOXIE.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF MALLMOXIE.COM WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF MALL MOXIE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT MALL MOXIE LLC SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO MALL MOXIE LLC BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF MALL MOXIE LLC. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Termination of Use

Mall Moxie LLC may, in its sole discretion, terminate your account or your use of the MallMoxie.com at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Mall Moxie LLC reserves the right to change, suspend or discontinue all or any aspects of the MallMoxie.com at any time without prior notice.