AGB
OVERVIEW
Welcome to Moon & Vale! The terms “we”, “us” and “our” refer to Moon & Vale. Moon & Vale operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Moon & Vale is powered by Shopify, which enables us to provide the Services to you.
The following Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, using or otherwise interacting with our Services, you agree to these Terms of Service and our Privacy Policy:
https://moonandvale.com/policies/privacy-policy
If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing any of the products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent that all information you provide in our stores is accurate, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your login credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online stores as accurately as possible. Please note, however, that the colours or appearance of products may differ from how they appear on your screen depending on the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or correspond exactly with images or representations shown in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Moon & Vale reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Moon & Vale confirms acceptance. We must receive and process your payment before your order can be accepted.
Please review your order carefully before submitting it, as Moon & Vale may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.
Returns or exchanges of purchases are governed exclusively by our Return & Refund Policy:
https://moonandvale.com/policies/refund-policy
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be stated in your order confirmation email.
Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties or import charges.
Prices shown in our online stores may differ from prices offered in physical stores, other online stores or stores operated by third parties.
From time to time, we may offer promotions related to the Services that may affect pricing and may be subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.
You represent and warrant that:
(i) the credit card information you provide is true, correct and complete;
(ii) you are duly authorised to use the credit card for the purchase;
(iii) charges incurred by you will be honoured by your credit card company; and
(iv) you will pay all charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our reasonable control.
Once we have transferred the goods to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are owned by Moon & Vale, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use.
Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any materials available through the Services.
Except as expressly provided herein, nothing in these Terms grants or may be construed as granting any licence or other right under any patent, trademark, copyright or other intellectual property right of Moon & Vale, Shopify or any third party.
Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Moon & Vale.
The Moon & Vale name, logos, product and service names, designs and slogans are trademarks of Moon & Vale or its affiliates or licensors. You may not use these marks without the prior written permission of Moon & Vale.
The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access.
If you leave the Services in order to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content available through third-party websites.
Please review the policies and practices of the relevant third party carefully and make sure you understand them before engaging in any transaction.
Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Moon & Vale is powered by Shopify, which enables us to provide the Services to you.
However, all sales and purchases made through our store are made directly with Moon & Vale.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Moon & Vale, including any injury, damage or loss arising from the purchase of products and services.
You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Moon & Vale.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available at:
https://moonandvale.com/policies/privacy-policy
Certain personal information may also be subject to Shopify’s Privacy Policy, available at:
https://www.shopify.com/legal/privacy/app-users
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.
Information that you submit to the Services may be transmitted and shared with Shopify and third-party service providers who may be located in a country other than your country of residence in order to provide services to you.
For more information about how we, Shopify and our partners use your personal information, please see our Privacy Policy:
https://moonandvale.com/policies/privacy-policy
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial purposes.
For example, we may use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.
You further represent that:
(i) you own or otherwise have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to:
(1) maintain any Feedback in confidence;
(2) pay compensation for any Feedback; or
(3) respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory 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 Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any Feedback.
You are solely responsible for any Feedback you provide and for its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating 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 is inaccurate at any time, including after you have submitted your order, without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You may not directly or indirectly access or use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms;
(g) to transmit or procure the transmission of advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or inhibits another person’s use or enjoyment of the Services or that, as determined by us, may harm Moon & Vale, Shopify or users of the Services or expose them to liability.
You further agree not to:
(a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) use the Services for spam, phishing, pharming or pretexting;
(e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices or processes, AI tools, including agentic AI, or automated or manual means to access the Services; or
(f) interfere with, circumvent or manipulate security or authorisation features, robot exclusion headers or other measures used to restrict access to the Services.
We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, permit, enable or cause an Agent to access, use or interact with the Services.
“Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that may act on behalf of or using a person’s device without direct supervision.
14.2
No Agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements set out in Section 14.4 below.
In addition, no Agent may access, use or interact with the Services if we have instructed it not to do so.
14.3
We may restrict, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.
14.4
Agents:
(i) must identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the User-Agent string: “Agent/[Agent Name]”;
(ii) must not conceal or obscure that access, use or interaction originates from an Agent, including by imitating human behaviour or interaction patterns or completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use;
(iii) must answer truthfully any questions or prompts intended to determine whether an interaction originates from a human or a computer; and
(iv) must not circumvent or otherwise avoid measures intended to prevent, restrict, modify or control whether and how Agents access, use or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available solely for general informational purposes. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability
UNLESS EXPRESSLY STATED OTHERWISE BY MOON & VALE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU “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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOON & VALE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Moon & Vale, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party arising out of or in connection with (1) your breach of these Terms and Conditions or the documents incorporated into them by reference, (2) your violation of any applicable law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that any delay in giving such notice will not relieve you of your obligations unless you are materially prejudiced by such delay. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, such 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 determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 – WAIVER; 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, together with any policies or operating rules posted by us on this website or in respect of 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 between you and us, whether oral or written, including, without limitation, any prior versions of the Terms and Conditions.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted this document.
SECTION 21 – ASSIGNMENT
You may not delegate, assign or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempted delegation, assignment or transfer shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws and jurisdiction of the federal and state or territorial courts located where Moon & Vale is headquartered. You and Moon & Vale consent to the venue and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on 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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after any changes to these Terms and Conditions are posted, you agree to those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to moonandvale@gmx.net
Our contact details are provided below:
Moon & Vale
Bettina Courvoisier-Walder
Römerstrasse 8
8548 Ellikon an der Thur
Switzerland