Terms of service

OVERVIEW

This website is operated by MOANA. Throughout the site, the terms ‘we’, 'us' and ‘our’ refer to MOANA.
We offer you, the user, this website, including all information, tools and services available on this website, on the condition that you accept 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', ‘Conditions’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including browsers, vendors, customers, merchants and/or content providers. Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to these terms and conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions. Any new features or tools added to the current store are also subject to the terms and conditions. You can view the most current version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions 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 the posting of any changes constitutes acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE SHOP TERMS AND CONDITIONS
By agreeing to these terms and conditions, you declare that you are at least of legal age in your country or province of residence, or that you are of legal age in your country or province of residence and have given us your consent for your minor relatives to use this website.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the terms and conditions will result in an immediate termination of your services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The materials on this site are for general information only and should not be used as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources of information. Reliance on the materials on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our refund policy: https://moana.one/en/policies/refund-policy
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services 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 quantity of any products or services we offer. All product descriptions and product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. All offers for products or services made on this website are void where prohibited by law. We do not guarantee that the quality of the products, services, information or other materials you purchase or receive will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using or associated with the same customer account, credit card, and/or the same billing and/or shipping address. In the event that we modify or cancel an order, we will attempt to notify you by email and/or via the billing address/telephone number you provided when placing the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiry dates, so that we can complete your transactions and contact you as necessary.
For more details, please see our refund policy: https://moana.one/en/policies/refund-policy

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control nor have any influence over.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party providers. 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 will also be subject to these terms and conditions.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure 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.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us certain submissions (such as competition entries) at our request, or without such a request, creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or by other means (collectively, ‘Comments’), you agree that we may edit, copy, publish, distribute, translate and otherwise use any comments you submit to us in any medium at any time without restriction. We are and remain under no obligation to (1) treat comments as confidential, (2) pay compensation for comments, or (3) respond to comments.
We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL DATA
Your transmission of personal data via the shop is subject to our privacy policy, which you can view here in our privacy policy section: https://moana.one/en/policies/privacy-policy

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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 inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. A specified update or refresh date contained in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its 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 against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to make false or misleading statements; (g) to upload or transmit viruses or other types of malicious code that are or may be used in a manner that impairs the function or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal data of others; (i) for spamming, phishing, pharming, spoofing, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or any associated websites, other websites or the Internet. We reserve the right to terminate your use of the Service or any associated website for any prohibited use in accordance with the Terms of Use.

SECTION 13 – DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service from time to time for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of the Service or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall MOANA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any products procured through the Service, or for any other claims related in any way to your use of the Service or any product, including, but not limited to, errors or omissions in content or losses or damages of any kind arising from the use of the Service or the content (or products) published, transmitted or otherwise made available through the Service, even if advised of their possibility. Since the exclusion or limitation of liability for consequential or incidental damages is not permitted in some countries or jurisdictions, our liability in these countries or jurisdictions is limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify MOANA and our parent companies, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY CLAUSE
If any provision of these terms and conditions is found to be unlawful, invalid or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these terms and conditions. Such a finding shall not affect the validity and enforceability of all other remaining provisions.

SECTION 16 – TERMINATION
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 and conditions are effective until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If, in our sole discretion, you breach any term or provision of these terms and conditions, or we suspect that you have breached any term or provision of these terms and conditions, we may also terminate this agreement at any time without notice. In this case, you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our services (or parts thereof) accordingly.

SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These terms and conditions and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the terms and conditions).
Any ambiguities in the interpretation of these terms and conditions shall not be construed to the detriment of the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.