Terms of service

Last Updated: December 20, 2024

These Terms of Service ("Terms") govern your use of our website and the purchase of products from our store. By accessing or using our website, you agree to comply with these Terms. Please read them carefully before proceeding with any purchase or interaction on our site.

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1. GENERAL TERMS

a. Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to use our website and make purchases. By accessing or using our website, you represent and warrant that you meet these requirements.

b. Account Creation: Creating an account on our website is optional, but it may provide you with additional benefits and a more personalized shopping experience. You are responsible for maintaining the confidentiality of your account credentials and for any activities conducted through your account.

c. Product Information: We make every effort to provide accurate and up-to-date product descriptions, prices, and availability on our website. However, we do not warrant or guarantee the accuracy, completeness, or reliability of any product information displayed. We reserve the right to modify, update, or discontinue products without prior notice.

d. Natural Material Variations: Many of our products are crafted from natural materials including wood, stone, crystal, and other organic substances. These materials inherently possess unique characteristics such as grain patterns, color variations, mineral inclusions, and texture differences. Such variations are not defects but rather authentic qualities that make each piece distinctive. Product photographs represent examples only and your item may vary in appearance while maintaining the same design and quality standards.

e. Prohibited Conduct: You agree not to engage in any prohibited conduct, including but not limited to:

i. Violating any applicable laws, regulations, or third-party rights.
ii. Using our website for any illegal or unauthorized purpose.
iii. Interfering with the operation of our website or attempting to gain unauthorized access to our systems.
iv. Engaging in any fraudulent, misleading, or deceptive activities.
v. Uploading or transmitting any viruses, malware, or harmful code.

f. Intellectual Property: All content, including text, images, logos, and trademarks, on our website is protected by intellectual property laws. You may not reproduce, distribute, modify, or use our content without prior written permission from us.

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2. ORDERING AND PAYMENT

a. Product Availability: All orders placed through our website are subject to product availability. In the event that an item becomes unavailable after you place an order, we will notify you and provide suitable alternatives or offer a refund for the unavailable item.

b. Pricing and Payment: Prices for products are displayed on our website in the applicable currency. Payment is due at the time of purchase, and we accept various payment methods. You are responsible for providing accurate and valid payment information. We reserve the right to cancel or refuse any order at our discretion.

c. Order Confirmation: After placing an order, you will receive an order confirmation email containing the details of your purchase. This email does not guarantee acceptance of your order but confirms that we have received it. The acceptance of your order occurs when we ship the products to you or when you receive a separate confirmation email.

d. Order Cancellation: Standard items may be cancelled within 24 hours of order placement for a full refund. Custom and made-to-order items are subject to different cancellation terms as outlined in Section 4A below.

e. Taxes and Customs: You are responsible for any applicable taxes, customs duties, or fees associated with your order. These charges may vary depending on your location and the specific products ordered. Please consult your local customs office for more information. Delays caused by customs processing are beyond our control and do not constitute grounds for refund or chargeback.

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3. SHIPPING AND DELIVERY

a. Shipping Methods: We offer worldwide shipping using reliable carriers. The available shipping options and associated costs will be displayed during the checkout process. Delivery times may vary based on your location and the selected shipping method.

b. Standard Item Delivery: For in-stock items, standard delivery timeframes apply as shown during checkout. These typically range from 7-21 business days depending on your location.

c. Custom and Made-to-Order Item Delivery: Items marked as "Custom-Made," "Made to Order," or high-value custom pieces require extended production time before shipping can commence. Total delivery windows for these items typically range from 6-12 weeks from order date, including both production and shipping time. Specific timelines are provided on each product page and in your order confirmation.

d. Order Tracking: Once your order is shipped, we will provide you with a tracking number, if available. You can use this tracking number to monitor the progress of your shipment online. However, please note that tracking information may not be available for all shipping methods or destinations.

e. Delivery Coordination: For large, fragile, or high-value items requiring special handling, we will coordinate delivery schedules with you in advance. You agree to:
- Respond to delivery coordination emails within 48 hours
- Be available during the scheduled delivery window
- Provide accurate delivery address and contact information
- Accept responsibility for any re-delivery fees if unavailable during scheduled delivery

f. Delivery Delays: While we make every effort to deliver your order within the estimated timeframe, please understand that delays may occur due to factors beyond our control, such as customs processing, weather conditions, carrier delays, material sourcing for custom items, or unforeseen events. We are not responsible for such delays and they do not constitute grounds for order cancellation or refund once production has commenced.

g. Inspection Upon Delivery: You are responsible for inspecting all items upon delivery. For high-value and custom items, inspection must occur within 48 hours of delivery. Any damage or discrepancies must be documented with photographs and reported to us within 72 hours of delivery. Failure to inspect and report issues within this timeframe may result in forfeiture of damage claims.

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4. RETURNS AND REFUNDS

a. Return Policy: We offer a return policy as outlined in our separate Refund Policy page. Please refer to that page for detailed information on our return process, eligibility criteria, and refund procedures.

b. Custom and High-Value Item Return Limitations: Items marked as "Custom-Made," "Made to Order," or high-value pieces (typically $500 or more) are subject to significantly different return terms than standard items. These limitations are detailed in Section 4A below and in our High-Value Item Purchase Agreement, which must be accepted before purchasing such items.

c. Warranty Disclaimer: We do not provide any warranties or guarantees on the products sold on our website unless explicitly stated. Any warranties provided by the product manufacturers are solely the responsibility of those manufacturers for their fulfillment.

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4A. CUSTOM AND HIGH-VALUE ITEM PURCHASES

This section applies to all items designated as "Custom-Made," "Made to Order," "Bespoke," or items valued at $500 USD or more. By purchasing such items, you enter into a separate binding agreement with specific terms that supersede and supplement the standard terms outlined elsewhere in this document.

MANDATORY AGREEMENT ACCEPTANCE:
When purchasing custom or high-value items, you will be required to acknowledge and accept additional terms via checkbox agreement before checkout. This acknowledgment is mandatory and legally binding. Your acceptance confirms you have read, understood, and agree to all terms specific to custom item purchases.

PRODUCTION TIMELINE:
- Custom items are built to order by skilled artisans and craftspeople
- Production time typically ranges from 3-8 weeks depending on the item's complexity
- Production begins within 3-5 business days of order placement
- You will receive production status updates throughout the creation process
- Production timelines are estimates and may vary based on material availability, craftsmanship requirements, and other factors beyond our control

TOTAL DELIVERY TIMELINE:
- Total time from order placement to delivery typically ranges from 6-12 weeks
- This includes both production time (3-8 weeks) and shipping time (2-4 weeks)
- International orders may require additional time for customs clearance
- These timelines are estimates, not guarantees, and variations do not constitute breach of contract

CUSTOM PRODUCTION ACKNOWLEDGMENTS:
By purchasing custom items, you acknowledge and agree that:
- Items are individually crafted and will have unique characteristics
- Minor variations in color, grain, texture, or dimensions are inherent to handcrafted goods
- Natural materials (wood, stone, crystal, leather) will have individual characteristics
- Such variations are not defects and do not qualify for returns or refunds
- Items cannot be modified once production begins
- Production requires significant time, materials, and skilled labor investment

SHIPPING AND PACKAGING:
Custom and high-value items require specialized packaging and shipping methods:
- Custom wooden crating may be constructed around fragile items
- White glove delivery service may be required for assembly assistance
- Freight shipping methods used for large or heavy items
- Signature required upon delivery for items over $500
- You must coordinate delivery appointments and be available during scheduled windows
- Refusal of delivery or unavailability results in storage fees ($50 per day after 14 days) and potential re-delivery charges

INSPECTION REQUIREMENTS:
You must inspect custom and high-value items immediately upon delivery:
- Visual inspection must occur within 48 hours of delivery
- Any shipping damage must be documented with clear photographs
- Damage claims must be filed with us within 72 hours of delivery
- Provide photographs showing: packaging condition, damage location, and overall item
- Failure to inspect within 48 hours or report within 72 hours waives damage claims
- Claims submitted after 72 hours will not be accepted

CANCELLATION AND REFUND LIMITATIONS:
Custom items are subject to strict cancellation terms:

24-Hour Window:
- You may cancel for full refund within 24 hours of order placement
- Order must not yet have entered production phase
- Refund processed within 5-7 business days

After 24 Hours - Before Production Starts:
- 25% restocking fee applied (covers design consultation, materials sourcing, administrative costs)
- Remaining 75% refunded within 7-10 business days

Production Phase (After Production Begins):
- Items become non-refundable once production has commenced
- Production typically begins 3-5 business days after order placement
- We will notify you when production begins
- No refunds available after this point except for defects covered under warranty

Post-Delivery:
- Custom items are FINAL SALE and not eligible for return
- Exceptions made only for manufacturing defects (not aesthetic preferences)
- Defects must be reported within 72 hours of delivery with photographic evidence

DEFECT VS. PREFERENCE:
Manufacturing defects covered include:
- Structural failures or instability
- Mechanical parts that do not function as designed
- Significant damage during production
- Item fundamentally different from ordered specifications

NOT considered defects:
- Natural material variations (wood grain, stone patterns, color hues)
- Minor cosmetic variations from product photos
- Personal aesthetic preferences or buyer's remorse
- Size/scale perceptions differing from expectations despite accurate dimensions listed

DISPUTE RESOLUTION REQUIREMENTS:
Before initiating any chargeback, payment dispute, or legal action, you agree to:
- Contact our customer service team first to describe the issue
- Provide us with 14 business days to investigate and respond
- Participate in good faith efforts to resolve the matter
- Accept that chargebacks filed without following this process will be contested with full documentation

CHARGEBACK AGREEMENT:
By purchasing custom or high-value items, you explicitly agree that:
- You will not file chargebacks for "non-delivery" during the stated 6-12 week delivery window
- Timeline variations within this window do not constitute breach of contract
- You will not dispute charges for items delivered within agreed timelines
- You acknowledge that chargebacks without valid cause may result in pursuit of legal fees and damages
- We will provide all order documentation, communications, and tracking information to payment processors
- Frivolous chargebacks may result in account termination and collection actions

COMMUNICATION RESPONSIBILITIES:
You agree to:
- Maintain accurate and current contact information in your order
- Respond to our emails within 48 hours during production and shipping phases
- Monitor your email (including spam folders) for important updates
- Provide alternative contact methods if you'll be unavailable
- Notify us immediately of any address changes

INTERNATIONAL SHIPPING ACKNOWLEDGMENT:
For international orders of custom items, you further acknowledge:
- Customs clearance times vary by country and are beyond our control
- Customs may hold packages for inspection (1-4 weeks typical)
- You are responsible for all customs duties, taxes, and import fees
- Customs delays do not constitute breach of our delivery timeline agreement
- You may need to provide additional documentation to customs authorities
- Packages refused at customs cannot be refunded (all fees remain customer's responsibility)

FORCE MAJEURE:
We are not liable for delays or failures in performance resulting from acts beyond our reasonable control, including but not limited to:
- Natural disasters, pandemics, or acts of God
- Labor disputes or shortages
- Material shortages or supplier failures
- Government actions, war, or terrorism
- Carrier delays or failures
- Utility or telecommunications failures

In such events, our performance obligations are suspended for the duration of the force majeure event, and delivery timelines are extended accordingly.

BINDING AGREEMENT:
Your checkbox acceptance of the High-Value Item Purchase Agreement during checkout constitutes a legally binding contract. These terms are enforceable and supersede any conflicting terms in standard return or shipping policies.

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5. LIMITATION OF LIABILITY

a. Our total liability for any claim arising out of or related to your use of our website or the purchase of products is limited to the amount you paid for the specific product(s) giving rise to the claim, not to exceed the purchase price of that specific order.

b. We shall not be liable for any indirect, consequential, incidental, punitive, or special damages, including but not limited to loss of profits, data, business opportunities, or any damages resulting from delays in delivery, product unavailability, or service interruptions.

c. For custom and high-value items, our liability is further limited as outlined in Section 4A. Once production begins, our liability is limited to repair or replacement of defective items only, not monetary refunds.

d. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by applicable law.

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6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Moseles, its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

a. Your breach of these Terms of Service
b. Your use of our website or purchase of products
c. Your violation of any laws or third-party rights
d. Filing of frivolous or bad faith chargebacks or payment disputes
e. Providing false or misleading information during the ordering process
f. Failure to comply with customs requirements for international orders
g. Failure to accept delivery after coordination efforts

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7. DISPUTE RESOLUTION

a. Informal Resolution: Before initiating any formal dispute resolution process, you agree to contact us at [your email] to describe the issue and attempt to resolve it informally. We commit to responding within 48 business hours and working in good faith toward a resolution.

b. Mandatory Waiting Period: For disputes involving custom or high-value items, you agree to allow 14 business days for us to investigate and respond to your concerns before pursuing any formal dispute resolution, chargeback, or legal action.

c. Arbitration Agreement: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of our website that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association or similar arbitration body appropriate to your jurisdiction.

d. Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

e. Chargeback Consequences: If you file a chargeback or payment dispute without first following the dispute resolution process outlined above, we reserve the right to:
- Contest the chargeback with full documentation of our performance
- Pursue collection of any amounts owed plus administrative fees
- Terminate your account and refuse future orders
- Pursue legal remedies for damages caused by frivolous disputes

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8. GOVERNING LAW AND JURISDICTION

a. These Terms shall be governed by and construed in accordance with the laws of Singapore., without regard to its conflict of law provisions.

b. Any disputes arising out of or relating to these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts located in Singapore.

c. You consent to personal jurisdiction in these courts and waive any objection to venue in such courts.

d. For international customers, your local consumer protection laws may provide additional rights that cannot be waived by this agreement. In such cases, those rights remain in effect to the extent required by law.

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9. CHANGES TO THE TERMS

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on our website. The "Last Updated" date at the top of this document will reflect the most recent revision.

By continuing to use our website or place orders after any modifications, you agree to be bound by the revised Terms. We encourage you to review these Terms periodically.

For orders placed before Terms updates, the Terms in effect at the time of your order shall govern that specific transaction.

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10. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

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11. ENTIRE AGREEMENT

These Terms, together with our Refund Policy, Shipping Policy, Privacy Policy, and High-Value Item Purchase Agreement (where applicable), constitute the entire agreement between you and Moseles regarding your use of our website and purchase of products.

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12. CONTACT INFORMATION

If you have any questions, concerns, or feedback regarding these Terms or any aspect of our website, please contact our customer support team:

Email: [your support email]
Response Time: Within 48 business hours
Phone: [if applicable]
Business Hours: [your hours]

For urgent matters related to custom orders in production or delivery coordination, please clearly mark your subject line as "URGENT - Custom Order #[number]"

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By using our website and purchasing products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.