I. INTRODUCTION

This website (the “Site”) is operated by Mounia, LLC, which is referred to throughout these Terms of Service (the “Terms”) as “we”, “us,” “our,” and “Mounia”. Mounia, LLC offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you have any questions about these Terms or any related Policy, please contact us via e-mail at  legal@mouniahaircare.com, or in writing at  325 East 72nd Street Ste #1A, New York, NY, 10021, USA

By visiting our Site and/or purchasing something from our Site, you engage in our “Service” and/or purchase our “Product”,  and agree to be bound by the following terms and conditions (“Terms of Service”,  or “Terms”), including those additional terms and conditions and policies referenced or linked herein. These Terms apply to all users of this Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or continue to access the website or use any Services.

Any new features or tools which are added to the Site at a future time shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to periodically check this page for changes to the Terms, and your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Headings, abbreviations, and other identifiers in these Terms are for organizational purposes only, and are of no practical legal effect.

II. INCORPORATION OF OTHER POLICIES

In addition to these Terms, our Site, Service, and your interactions with both are governed by several other Mounia policies, including but not limited to our Privacy Policy and Refund Policy, copies of which are included at the end of these Terms and incorporated into these Terms by reference.

The Mounia store and Site are hosted by Shopify Inc. (“Shopify”), which provides us with the online e-commerce platform that allows us to sell our products and services to you. Additionally and through Shopify, the Site makes use of Google analytics in order to better serve you. The terms of use of both Shopify and Google analytics are linked above, and incorporated into these Terms by reference.

III. GENERAL TERMS

By agreeing to these Terms and/or continuing to use the Site or Services, you warrant and agree to the items below. Any breach or violation of these Terms may result in an immediate ban from the Site and the use of our Services. Mounia reserves the right to refuse to provide Services at any time, for any reason, at its sole discretion.

1. You are at least of the age of majority in your state, province, or jurisdiction of residence, and, if any minor dependents use or are using any of your devices to access the Site, that you consent for such minor dependents to do so.
2. Your purchase of our Products or use of our Services are only for legal or authorized purposes that do not violate any laws, rules, or regulations, of the jurisdiction through which the Site is accessed.
3. You agree not to access the Site using any program or device that might be infected with or otherwise transmit any worm, virus, trojan horse, or any other code of a potentially malicious nature, and that you take reasonable safeguards to prevent such infection.
4. You agree to abide by the Intellectual Property Protections set forth elsewhere in section 6 of these Terms.
5. 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, without our express written permission.
6. You agree not to directly contact any of the partners, suppliers, or other parties listed on the Site for any commercial purpose without our express written permission.
7. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 your transactions and contact you as needed.
8. You acknowledge and accept that certain matter, including certain personal information, entered on the Site may be transferred unencrypted over various electronic networks, and be altered to conform to the technical capabilities of connecting devices. Any such transfers are necessary for the Site to function. Notwithstanding the foregoing, credit card information and other financial information is always encrypted during network transfers.
9. You understand that we may make certain changes to our Site, Services, and Products.

            (a)        Prices are subject to change without notice

            (b)        We reserve the right, at any time, and at our sole discretion, to modify or   discontinue the Service or any part thereof without notice.

(c)        We may also, in the future, offer new services and/or features through the Site.  Such new features and/or services shall also be subject to these Terms.

10. You acknowledge and understand that we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
11. You acknowledge and understand that we have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
12. You acknowledge and understand that certain Products may have limited availabilities. In particular:

(a)        Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy, which is reproduced below.

(b)        We reserve the right at our sole discretion to limit the sales and sale quantities of our Products or Services to any person, geographic region or jurisdiction.

(c)        We reserve the right to discontinue offering any Product or Service at any time.

(d)       Any offer for any Product or Service made on this Site will be void where prohibited.

13. You acknowledge and understand that unless otherwise stated we do not warrant that the quality of any Products or Services, purchased or obtained by you will meet your expectations.
14. You acknowledge and understand that your use of the site may result in Personal Information (as defined in the Privacy Policy) being entered into or used by the Site. Any such use shall be governed by our Privacy Policy, which is incorporated into these Terms by reference and reproduced below.
15. In addition to the general prohibitions set forth above and elsewhere in these Terms, you acknowledge and understand that you are expressly prohibited from using the Site, its Products, and its Services for any of the following:

(a) the advancement of any unlawful purpose, including the solicitation of others to  participate in or perform unlawful acts;

(b) the violation of any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(c) to infringe upon or violate any intellectual property rights of ours or others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(e) to submit or present any false or misleading information on the Site;

(f) to upload or transmit viruses or other malicious codes that may affect the functionality of the Site or any other property, website, or entity;

(g) to collect or track the personal information of others, including but not limited to through spamming, phishing, or pharming, or using any social engineering, spider, crawler, or scraper;

(h) to advance any obscene or immoral purpose; and/or

(i) to interfere with or otherwise circumvent the security functions or safeguards of this Site, the Service, or any other websites or other providers upon which we rely to produce and host the Site.

We reserve the right to terminate your use of the Site, the Service or any related website for violating any of the prohibited uses.

IV. ACCURACY OF INFORMATION WE PROVIDE

Our Site and the products we offer are constantly updated, and certain inaccuracies may appear on the Site incident to such updates. Except as set forth in the next paragraph, we are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right, but disclaim the obligation, to modify the contents of this Site at any time. You agree that it is your responsibility to monitor changes to our Site.

Occasionally there may be information on our Site 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).

V. INTERACTIONS WITH THIRD PARTIES

Our Site, our Service, and the content featured on both may be hosted, produced, or displayed with the assistance of or using tools produced by third parties. Our third-party partners have the right to change the terms of the services they provide at any time, which may impact our provision of the Service. We shall not be liable to you or any third-party for any modification of the Services, prices, or other aspects of the Site and Product, by either us or a third party.

From time to time our Site and Service may link to third-party websites featuring certain content, products and services. 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 of any third-party sites, and we 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 carefully review 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 or systems should be directed to the third party.

At other times, our Site may directly implement or provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Conversely, links to and information about our Product and Service may appear on other websites and venues.  Mounia has no obligation to update, amend or clarify information about the Products or Services on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date referenced on any other website or in any other venue should be taken as an accurate depiction of the current state of our offerings of Products and Services.

VI. INTELLECTUAL PROPERTY PROTECTIONS

Our Site allows for you to post product reviews and to otherwise publish certain content on the Site. You agree that any content you post to the Site will not violate any right of any third party, including without limitation copyrights, trademarks, trade secrets, patents, privacy rights, moral rights, or any other personal or proprietary right. You further agree that your comments will not contain libelous 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, the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online on the Site, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Mounia, LLC is the owner of various items of intellectual property, including but not limited to copyrights, trademarks, and patents, in both the products depicted on the Site, and the Site itself. By your continued use of the Site, you agree not to infringe or aid in the infringement of any of Mounia’s intellectual property rights embodied on the Site, and to indemnify Mounia, LLC to the fullest extent possible by law for any direct or incidental damages caused by any such infringement.

VII.  GENERAL TERMS              

1. Severability: If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. To the fullest extent possible, such determination shall not affect the validity and enforceability of any other remaining provisions.
2. Termination: These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. Upon your termination, you must cease any use of the Site or any related websites.

If in our sole judgment you fail, or we suspect that you have negligently or recklessly failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice. If your use of the Site is terminated while you have an outstanding balance with us, you will remain liable for all amounts due up to and including the date of termination.

3. Survival: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Furthermore, the terms of Sections VI through VIII shall survive the termination of the Terms and any related policies.
4. Entire Agreement: These Terms and any policies or operating rules posted by us on this site or offered in respect to provision of the Product or the Service constitutes the entire agreement and understanding between us governing your use of the Site and Service, and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). These Terms may only be modified by us, and any such modification to the Terms shall not be effective until posted on this Site.
5. Waiver: Any election by us not to enforce the substance of these Terms shall not constitute a waiver of any of our rights and responsibilities, and will not preclude us from enforcing the substance of these Terms in this or any other appropriate setting.
6. Interpretation Standards: Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
7. Governing Law: Except as otherwise noted or required by law, these Terms, the Site, and any related policies shall be interpreted in accordance with the laws of New York State.

Mounia, LLC Return Policy

Mounia strives for customer satisfaction with every purchase. However, in the event that you are not fully satisfied with your purchase of our product, this “Refund Policy” shall govern. This Refund Policy is effective from February 21^st, 2021. We reserve the right to alter this policy at our sole discretion.

I. DURATION

Our Refund Policy begins with your purchase and expires exactly 30 days after your purchase is made. If more than 30 days have elapsed since your purchase, this Refund Policy will not apply and no refund or exchange shall be offered.

II. PRODUCTS ELIGIBLE FOR RETURN

In order to be subject to this Refund Policy, a product must be unused, in its original packaging, and in the same condition that you received it in. Only regular-priced products are eligible for return—sale purchases, promotional items, and the like are not subject to this Refund Policy. Furthermore, a receipt or other proof of purchase is required in order for a product to be eligible for return.

If you have received your product as a gift, or if you are otherwise unable to produce a receipt or proof of purchase, then any refund granted under this Refund Policy will come in the form of a Mounia store credit.

III. RETURN MECHANICS

If you believe that your product is subject to the Refund Policy and eligible for a refund, please mail your product to the following address: 325 East 72nd Street, Ste #1A, New York, NY, 10021, USA. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

Once your return is received and inspected, we will send you an e-mail notifying you of our receipt of the returned item, and whether we approve or reject the request for a refund. If a refund request is approved, then your refund will be automatically applied to your original method of payment within fourteen days. If you believe you have a refund due and have not yet received a refund, please first contact your credit card company or your bank. If fourteen days have elapsed and neither your bank nor your credit card company is aware of the status of your refund, then please contact us at customerservice@mouniahaircare.com.

If after examination we determine that your product is not eligible for return (because, for instance, the product was used or the packaging was damaged), then your product will be mailed back to the purchaser address on file at your expense.

If you choose, you may instead ask for a product exchange. Under the Refund Policy, product exchanges are only offered for defective or otherwise damaged products. If you would prefer a product exchange to a refund, please let us know by sending an e-mail to customerservice@mouniahaircare.com

CURRENCY & SALE TAXES
All prices on the E-store are in US dollars. Buyer agrees that all orders shipped by Mamounia Beauty are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.
 

INTERNATIONAL ORDERS
At this time, Mounia, LLC ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.
 

CUSTOMER SERVICE
For any questions on how to order or the status of an order, please contact Mounia Haircare Online Customer Service by phone at 1-212-737-5700 , Monday to Friday 9:00-17:30, or via email at customerservice@mouniahaircare.com for assistance.