TERMS AND CONDITIONS

 

OVERVIEW:

This website is operated by The Moken.
Throughout the site, the terms “we”, “us” and “our” refer to The Moken.

The Moken offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, you may not access the website or use any services.

 

Any new features or tools added to the store shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page.

 

We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. Continued use of the site following updates constitutes acceptance of those changes.

 

Our store is hosted by Wix.com, which provides us with the online e-commerce platform that allows us to sell our products and services.

 

SECTION 1 - ONLINE STORE TERMS

 

By accepting these Terms, you confirm that you are at least the age of majority in your country or that you have obtained permission from a parent or legal guardian for any minors under your care to use this site.

 

You may not use our products or services for any unlawful or unauthorized purpose. In using the Service, you agree to comply with all applicable Italian and EU laws, including copyright regulations.

 

You must not transmit any worms, viruses, or harmful code. Any breach will result in immediate termination of the Service.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone, for any reason, at any time.

 

You understand that your content (excluding credit card information) may be transferred unencrypted over various networks and adapted to technical requirements. Credit card data is always encrypted during transfer.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us.

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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if the information on this site is not accurate, complete or current. The material is provided for general information only and should not be relied upon without consulting more accurate or timely sources.

 

We reserve the right to modify site contents at any time, with no obligation to update. You agree that it is your responsibility to monitor any changes.

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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices of products are subject to change without notice.

 

We reserve the right to modify or discontinue the Service (or any part thereof) at any time, without liability to you or any third party.

 

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

 

Some products or services may be available exclusively online and in limited quantities.

 

We have made every effort to display products accurately, including colors and images. We cannot guarantee how your device displays them.

 

We reserve the right to limit the sale of products or services to any person, geographic area or jurisdiction, at our sole discretion.

 

All product descriptions and prices are subject to change without notice. We also reserve the right to discontinue any product.

 

Shipping: If you purchase a pre-order item with a regular item, your order will ship once the pre-order becomes available.

Tracking: Standard shipping does not include tracking. If tracking is required, please select the appropriate shipping option. We are not responsible for lost or missing items shipped without tracking.

Customs: Orders shipped outside of Italy may be subject to customs duties or taxes, which are the responsibility of the recipient.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order. We may limit or cancel quantities per person, household, or order. This includes orders placed with the same account, credit card, or billing/shipping address.

 

In such cases, we may contact you via email or phone. We also reserve the right to block orders that, in our judgment, appear to be made by resellers or distributors.

 

You agree to provide accurate and complete information and to update your account and payment data as necessary.

 

SECTION 7 - OPTIONAL TOOLS

 

We may provide access to third-party tools over which we have no control or input. These are provided “as is” without any warranties or conditions.

 

You use them at your own risk and should review the terms of the respective third-party provider.

 

Future tools or services will also be subject to these Terms.

 

SECTION 8 - THIRD-PARTY LINKS

 

Some content, products or services on our site may include materials from third parties.

 

Links to third-party websites are not under our control. We are not responsible for the content or transactions made on such websites. Please review third-party terms and policies before engaging in any transaction.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If you send submissions (ideas, suggestions, creative works, etc.), you agree that we may edit, copy, publish, distribute, and use them without obligation to you.

 

You agree not to violate any third-party rights including copyrights, trademarks, or personal data.

 

We reserve the right (but are not obligated) to monitor, edit or remove content we consider illegal, offensive or in violation of these Terms.

 

You are solely responsible for the comments you post and their accuracy.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal data is subject to the EU General Data Protection Regulation (GDPR).

 

We use your information for:

 

 - Order processing and shipping updates

 - Email communication

 - Marketing and analytics (with your consent)

 

You can unsubscribe from our newsletter at any time via the link in our emails.

 

You have the right to access, rectify or delete your personal data. Contact us at themokenband@gmail.com. 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be typographical errors or inaccuracies in product descriptions, prices, promotions or availability.

 

We reserve the right to correct any such errors and to cancel orders affected by them, even after they have been placed.

 

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content:

* For unlawful purposes

* To solicit others to perform unlawful acts

* To violate laws or regulations

* To infringe on intellectual property rights

* To harass, abuse, insult or discriminate

* To upload malware or harmful code

* To collect personal data without consent

* To spam, phish or engage in fraudulent behavior

* To interfere with site security

 

We reserve the right to terminate your access if you violate any of these rules.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

The website and all services are provided “as is” and “as available,” without any warranties or guarantees of availability, accuracy, or suitability for a particular purpose.

 

We shall not be liable for any direct, indirect, incidental or consequential damages arising from your use of the site or any product.

 

Some jurisdictions do not allow certain limitations, so these may not apply to you in full.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify and hold harmless The Moken and its affiliates, employees, partners, agents, and service providers from any claims or demands arising from your violation of these Terms or any law.

 

SECTION 15 - SEVERABILITY

 

If any part of these Terms is found unlawful or unenforceable, that provision will be severed without affecting the validity of the remaining provisions.

 

SECTION 16 - TERMINATION

 

These Terms remain in effect until terminated by either party.

 

You may terminate them at any time by ceasing use of the site. We may also terminate this agreement if we believe you have violated the Terms, without prior notice.

 

SECTION 17 - ENTIRE AGREEMENT

 

These Terms, along with our Privacy Policy and any other legal notices posted on our site, constitute the entire agreement between you and us, superseding any prior communications.

 

Any ambiguities shall not be interpreted against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

These Terms shall be governed by and construed in accordance with Italian law. For any disputes, the competent court shall be that of Lodi, unless otherwise required by Italian Consumer Law.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

You can review the latest version of the Terms at any time on this page.

 

We reserve the right to update or change these Terms at any time. Your continued use of the website after any modifications constitutes acceptance.

 

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at: themokenband@gmail.com