OVERVIEW
Welcome to mochoshop.com! The terms “we”, “us” and “our” refer to MOCHO SHOP LIMITED LIABILITY COMPANY. We operate 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”). Mocho Shop is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our 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 your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided is correct, current and complete. You are solely responsible for maintaining the security of your account credentials.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products (sports gear, fitness apparel, and jerseys) in our online stores. However, colors or product appearance may differ based on your device settings. We do not warrant that the quality of any products purchased will meet your expectations or be the exact rendering as depicted. All descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. Please review your order carefully: we may be unable to accommodate cancellation requests after 12 hours from order placement. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You warrant that purchases are for personal use and not for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. Posted prices do not include taxes, shipping, handling, or customs charges unless stated. You agree to provide current, complete and accurate purchase and account information for all transactions. You represent that you are duly authorized to use the credit card provided and that you will pay all charges incurred, including shipping and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only. We offer Free Shipping for the USA and a flat rate of $7.99 USD worldwide. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services and all content (trademarks, images, design) are owned by MOCHO SHOP LIMITED LIABILITY COMPANY, its affiliates or licensors. You must not reproduce, distribute, or modify any material without our prior written consent. Unauthorized use may violate intellectual property laws.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools which we neither monitor nor control. These are provided “as is” and “as available” without any warranties. Your use of optional tools is at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain hyperlinks to third-party websites. We are not responsible for evaluating the content or accuracy of these sites. We are not liable for any harm or damages related to the purchase or use of products or services from third-party websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Mocho Shop is powered by Shopify. However, any sales and purchases you make in our Store are made directly with MOCHO SHOP LIMITED LIABILITY COMPANY. You agree that Shopify is not responsible for any aspect of sales between you and us, and you release Shopify from all claims and liabilities related to your transactions.
SECTION 10 - PRIVACY POLICY
All personal information we collect is subject to our Privacy Policy. Because we are hosted by Shopify, Shopify also processes personal information to improve the Services. Review our Privacy Policy for more details on data usage.
SECTION 11 - FEEDBACK
If you submit feedback or reviews, you grant us a perpetual, worldwide, royalty-free license to use and display such content. We may monitor, edit, or remove content we determine to be unlawful or offensive. You are solely responsible for the accuracy of any feedback you post.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be typographical errors or omissions related to product descriptions, pricing, or availability. We reserve the right to correct any errors and to change information or cancel orders if information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the site for any unlawful purpose, to infringe upon intellectual property, or to harass others. Prohibited actions include transmitting viruses, spamming, phishing, or scraping data. We reserve the right to terminate your account for violating these prohibited uses.
SECTION 14 - TERMINATION
We may terminate this agreement at any time without notice. Sections regarding Intellectual Property, Liability, and Governing Law shall survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY
IN NO CASE SHALL MOCHO SHOP LIMITED LIABILITY COMPANY, OUR DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless MOCHO SHOP LIMITED LIABILITY COMPANY and Shopify from any claims or demands, including attorneys’ fees, arising out of your breach of these Terms or your violation of any law.
SECTION 18 - SEVERABILITY
If any provision is determined to be unlawful or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right shall not constitute a waiver. These Terms constitute the entire agreement between you and us, superseding any prior agreements.
SECTION 20 - ASSIGNMENT
You may not assign your rights under these Terms without our consent. We may assign our rights and obligations without notice.
SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, where MOCHO SHOP LIMITED LIABILITY COMPANY is headquartered.
SECTION 22 - HEADINGS
Headings are for convenience only and do not limit these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or change any part of these Terms by posting updates to our website. Your continued use of the Services constitutes acceptance of those changes.