PLEASE READ THIS AGREEMENT CAREFULLY
Thank you for joining Mosh Posh, LLC. ("Mosh Posh"). This agreement governs your use of this website ("Site"). If you are not satisfied with the terms contained herein ("Agreement"), you may simply refrain from using this Site or cancel your account without obligation.
MOSH POSH LAYAWAY TERMS AND CONDITIONS
Layaway Period – Orders may be placed on layaway for a maximum period of 60 days. Customers have the option of paying the layaway order balance in full at any time prior to the completion of the 60-day layaway period.
Payment Terms – Orders placed on layaway require a 30% down payment plus applicable taxes (FL residents only) and shipping charges for the order.
Eligibility - Only select items of $100 or more may qualify for the layaway program.
Allowed Forms of Payment - All except gift cards
Discounts - No online discounts, gift cards, or coupons may be used in conjunction with a layaway order unless otherwise approved by Mosh Posh.
Refunds – Layaway deposit, payments and related charges are non-refundable and non-transferable.
Returns/Exchanges - Returns or exchanges are not accepted on layaway orders. Please be sure you review the item description and photos thoroughly before making a purchase.
Cancellation – Any layaway balance not paid upon expiration of the 60-day layaway period will result in the cancellation of your order and forfeiture of your deposit, payments and related charges.
The following terminology applies to these Terms and Conditions: "We", "us" and "our" refer to Mosh Posh. "User," "you" and "your" refers to you, the client, member or site visitor. "Terms" refers to these Terms and Conditions. "Content" refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
RETURNS / REFUNDS
If you are not completely satisfied with your online purchase then you may return your item within 10 days from the postmarked date that your item was delivered or notice left for retrieval. Please note, this online return policy is ONLY for online purchases that are shipped outside of the Greater Tampa Bay Area.
If you are located within the Greater Tampa Bay Area (Hillsborough, Pinellas or Pasco Counties) and elect to purchase your item online rather than in-store then you will be subject to the same return policy as in-store purchases. You may return your item within 7 days from the postmarked date that your item was delivered or notice left for retrieval for a STORE CREDIT ONLY.
All return's must be accompanied by a receipt and the item must be in the same condition as when it left our store with all the appropriate tags intact. *The amount of the refund will be for the full amount less any shipping cost incurred by Mosh Posh and it will be refunded back to the same form of payment you used to purchase the item. You will be responsible for return shipping cost when sending the item back to Mosh Posh. Unfortunately, returns will not issued if your item isn't received back within the days mentioned above! If you send an item back that is outside of the days allotted per our return policy then you will be responsible for shipping cost to have the item returned back to you!
Layaway Purchases: All layaway purchases are FINAL SALE. Please make sure you review our detailed description and pictures to insure the item you are purchasing is exactly the item you are interested in!
WEBSITE TERMS & CONDITIONS
By using the Mosh Posh website, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including United States export and re-export control laws and regulations.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact us at email@example.com.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR AN ACCOUNT YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
USE OF THE SITE
Subject to the Terms, Mosh Posh hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sublicensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by Mosh Posh in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Mosh Posh in advance and in writing. Mosh Posh reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Mosh Posh believes that client conduct violates applicable law or is harmful to Mosh Posh’s interests.
Mosh Posh may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and Mosh Posh has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Mosh Posh of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, Mosh Posh does not guarantee any confidentiality with respect to any such submissions.
By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby grant Mosh Posh a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and Mosh Posh's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to Mosh Posh does not affect your other ownership or license rights in your User Submission(s).
You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You shall not submit any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.
Content provided on this site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of Mosh Posh.
You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that Mosh Posh has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release Mosh Posh and its officers, directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
Mosh Posh reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Mosh Posh also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Mosh Posh assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.
This Site is owned and operated by Mosh Posh. All right, title and interest in and to the Content provided on this Site are owned either by Mosh Posh, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Mosh Posh, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Mosh Posh’s intellectual property rights, whether by estoppel, implication or otherwise. You must contact us if you have any questions about obtaining such licenses. Mosh Posh does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by Mosh Posh. Any rights not expressly granted herein are reserved by Mosh Posh.
BILLING AND PAYMENTS
Paying By Credit Card
For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future shipments which will automatically be charged to your saved card, unless you elect to purchase with a different form of payment. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.
Paying By Paypal
We now accept Paypal as a form of Payment.
Using Store Credit
Mosh Posh store credit can be redeemed on all purchases except for gift cards, and can be applied to shipping, processing fees, and taxes. Unused credit may be forfeited if you choose to cancel your Mosh Posh account. Mosh Posh reserves the right to change these terms and conditions at our discretion.
Enrollment in the Mosh Posh VIP Membership (the "Membership") constitutes acceptance of the following terms and conditions (the "VIP Terms"), which are entered into by you ("Member" or "you", collectively, "Members") and Mosh Posh, LLC (collectively "Mosh Posh", "us", "we", or "our"). The VIP Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with VIP Membership, the Terms and Conditions offered to the non-VIP members of the website (the "Standard Terms"), as well as any other applicable terms, conditions, limitations and requirements incorporated into these VIP Terms, constitute the entire agreement between you and Mosh Posh related to the Membership. To the extent the VIP Terms differ from the Standard Terms, the VIP Terms shall govern.
If you sign up for a VIP Membership, you accept these terms, conditions, limitations and requirements.
VIP Membership General Terms and Conditions
You must have a Mosh Posh account in good standing and have a valid credit card on file with Mosh Posh (no hold on your credit card). We reserve the right to accept or refuse membership at our discretion for any reason.
You must be at least 18 years of age to participate in the Membership. You also certify that You are legally permitted to participate and accept full responsibility for the selections made pursuant to the Membership. This Agreement is void where prohibited by law, and the right to access the site and/or join the Membership is revoked in such jurisdictions.
Your VIP Membership is associated with one email account and name. You may not create multiple accounts or sign up for more than one VIP Membership.
VIP Membership benefits are nontransferable and may only be used by an individual Member for that Member's personal benefit. Member benefits cannot be combined with benefits accrued by another Member. Member benefits are all prospective from the date of membership enrollment, and will not be applied retroactively to any prior purchases.
You agree that the Membership and any Member benefits related thereto do not create any property rights in favor of you.
Mosh Posh reserves the right to change or discontinue any Membership or Member benefits in our sole discretion at any time without notice.
VIP Credits and Other Benefits
The Membership offers you an opportunity to accrue certain Member benefits, which may include VIP Credits and the opportunity to spend them on products at Mosh Posh. "VIP Credits" are a form of Mosh Posh currency that may be applied as a credit towards future eligible Mosh Posh purchases, subject to all then current VIP Credits terms and conditions. When you are a Member, each month we deposit Paid VIP Credits and Promotional VIP Credits in Your Account according to your Membership subscription. Your Paid VIP Credits in this Membership expire 12 months after the date of issuance, unless otherwise prohibited by applicable law. Your Promotional VIP Credits awarded in this Program expire according to that promotion's stipulated terms.
In addition to monthly VIP Credits, VIP Membership includes the following exclusive benefits:
Mosh Posh Discounts: Enrolled VIP Members enjoy 5% OFF all purchases.
Free Standard Shipping & Free Returns: All VIP orders shipped to addresses within the contiguous United States qualify for free standard shipping. VIP orders shipped other than standard shipping will receive a $10 discount off the shipping charges. All other terms of our Shipping Policy still apply.
Reward Points: VIP Members earn Reward Points with every purchase. For every $1 you spend you will receive 5 Reward points. Every 500 Reward Points you accrue is worth $10 which you can use towards future purchases at Mosh Posh.
Auto-Renewing Monthly Subscription
VIP Membership is a monthly (from the date of enrollment), fee-based, automatically renewing membership program. Unless you cancel your membership, the then-current renewal membership fee will be charged each month on or around the effective date of your membership to the credit card on file in your Mosh Posh account. You can update credit card information at any time by going to My Account. PLEASE NOTE THAT NEITHER VIP CREDITS NOR ANY EXISTING STORE CREDIT MAY NOT BE USED TO PAY FOR YOUR VIP MEMBERSHIP.
BY ENROLLING IN VIP MEMBERSHIP, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS. YOU HEREBY AUTHORIZE MOSH POSH TO CHARGE YOUR CREDIT CARD EACH MONTH AT THE THEN-CURRENT MEMBERSHIP FEE. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS HEREIN. YOUR SAME CREDIT CARD ON FILE OR THAT YOU USED TO ENROLL INITIALLY WILL BE AUTOMATICALLY CHARGED EACH MONTH, UNLESS YOU CANCEL YOUR MEMBERSHIP OR YOU DESIGNATE AN ALTERNATIVE CARD IN YOUR VIP MEMBERSHIP ACCOUNT PRIOR TO YOUR BILLING DATE. YOUR MEMBERSHIP IN VIP MEMBERSHIP IS CONDITIONAL UPON MOSH POSH’S RECEIPT OF PAYMENT. IF PAYMENT CANNOT BE CHARGED TO YOUR CREDIT CARD OR IF PAYMENT IS NOT RECEIVED BY MOSH POSH FOR ANY REASON, INCLUDING CHARGEBACK, MOSH POSH RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE, EITHER SUSPEND OR TERMINATE YOUR MEMBERSHIP. YOU ARE REQUIRED TO PAY ANY AMOUNTS STILL OWED TO SHOEDAZZLE AT THE TIME YOUR ACCOUNT IS SUSPENDED OR TERMINATED. EXCEPT WHERE PROSCRIBED BY LAW, YOU AGREE THAT MOSH POSH IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES OR OTHER NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED. NOTWITHSTANDING THE FOREGOING, UPON ENROLLMENT, YOU WILL RECEIVE AN INITIAL EMAIL WHICH INDICATES: A) ENOUGH INFORMATION REGARDING THE CREDIT CARD BEING CHARGED FOR THE MEMBER TO VERIFY THE DETAILS, WITHOUT PROVIDING FULL CARD DETAILS; B) A REMINDER THAT YOU CAN CANCEL AT ANY TIME; C) THE MEANS TO CONTACT MOSH POSH IN THE EVENT THAT YOU WISH TO CANCEL YOUR MEMBERSHIP; AND D) THE AMOUNT YOUR CREDIT CARD WILL BE CHARGED.
We may terminate your VIP Membership or the Membership at our discretion without notice. If Mosh Posh chooses to terminate the VIP Membership program, you will continue to receive Membership benefits through the end of your current paid monthly membership term. Mosh Posh’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of Mosh Posh’s rights.
You can choose to cancel your membership or opt out of the Program at any time by logging into your account and canceling your membership. If you cancel your membership, any available VIP Credits will be removed.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships will be converted into regular, paid memberships, unless cancelled before the end of the promotional trial period.
Restrictions and Limitations
THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN MOSH POSH’S TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO VIP MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR VIP MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and Mosh Posh, LLC. Communications may be directed to: Mosh Posh, 500 South Howard Ave, Tampa, FL 33606; firstname.lastname@example.org; 813.258.8800. The laws of the state of Florida govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and Mosh Posh that arises out of or relates to this Agreement shall be resolved by binding arbitration pursuant to the Standard Terms. You hereby agree to waive any right to trial by jury in any dispute. All capitalized terms not defined herein shall have the same meaning as in the Standard Terms.
You may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY MOSH POSH ON AN "AS IS" BASIS. MOSH POSH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOSH POSH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. MOSH POSH DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSH POSH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MOSH POSH TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO MOSH POSH DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO MOSH POSH’S LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, Mosh Posh shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mosh Posh shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Mosh Posh shall immediately issue a credit to your credit card account in the amount of the charge.
You agree that Mosh Posh's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Mosh Posh shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Mosh Posh may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Mosh Posh shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Mosh Posh of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than Mosh Posh (each a "Third-Party Site"). Mosh Posh may work with certain partners and affiliates whose sites are linked with Mosh Posh. Mosh Posh is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Mosh Posh makes no guarantees about the content or quality of the products or services provided by such sites. Mosh Posh is not responsible for webcasting or any other form of transmission received from any Third Party Site. Mosh Posh is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mosh Posh of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Mosh Posh is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
If you do not wish to be bound by this Agreement, please see above for how to cancel your account. Your edits or changes to either the online or offline versions of this Agreement or an account offer will not be effective, regardless of form.