Terms and Conditions
Terms and Conditions
These Terms and Conditions govern access to and use of murkymoss.com and purchases made from Murky Moss.
By visiting the website, creating an account, placing an order, or otherwise using our services, you agree to these Terms and Conditions.
Please do not use the website or place an order if you do not agree to these terms.
1. About Murky Moss
Murky Moss operates an online retail website offering products across various categories.
Our contact information is:
Murky Moss
5900 Balcones Drive, Suite 100
Austin, Texas 78731
United States
Email: info@murkymoss.com
Telephone: +44 7404 809301
2. Eligibility
You must be legally capable of entering into a binding agreement to place an order.
If you are under the age of majority in your jurisdiction, you may use the website only with the involvement and permission of a parent or legal guardian.
3. Customer Accounts
Some website features may require an account.
You agree to:
Provide accurate and current information
Keep your account information updated
Maintain the confidentiality of your password
Accept responsibility for activity conducted through your account
Notify us promptly of suspected unauthorized access
We may suspend or terminate an account that contains false information, is used fraudulently, or violates these terms.
4. Products and Descriptions
We make reasonable efforts to display product descriptions, photographs, specifications, availability, and prices accurately.
However:
Screen settings may affect how colors appear.
Product packaging may differ from website images.
Manufacturers may change product details without notice.
Measurements and dimensions may be approximate.
Minor differences that do not materially affect the product’s purpose may occur.
Customers should review the entire product description before purchasing.
Where a product description materially differs from the delivered item, contact us promptly.
5. Prices, Taxes, and Charges
Prices are displayed in the currency selected or shown on the website.
Unless stated otherwise:
Prices do not include applicable taxes.
Shipping and handling charges are calculated during checkout.
Customs duties, import taxes, and brokerage charges may be payable separately for international orders.
Customers are responsible for charges imposed by their country or local authority.
We may change prices at any time before an order is accepted.
A price change will not affect an order that we have already accepted, except where the displayed price resulted from an obvious error.
6. Orders
Submitting an order is an offer to purchase products under these terms.
An automated order confirmation acknowledges that we received the order. It does not necessarily mean the order has been accepted.
We may accept, reject, limit, or cancel an order for reasons including:
Product unavailability
Pricing or description errors
Suspected fraud
Payment failure
Incorrect customer information
Delivery restrictions
Quantity limitations
Legal or regulatory requirements
If we cancel a paid order before shipment, we will issue a refund to the original payment method.
7. Payment
Customers must provide complete and accurate payment and billing information.
Payment may be processed by third-party payment providers. The customer’s use of a payment method may also be governed by the provider’s terms and privacy policy.
You authorize us and our payment providers to charge the total amount displayed during checkout.
We are not responsible for fees charged by a customer’s bank, card issuer, currency-conversion provider, or payment service.
8. Order Cancellation
Customers may request cancellation by contacting info@murkymoss.com as soon as possible.
An order can only be cancelled before it has entered processing, fulfillment, or shipment.
Submitting a cancellation request does not guarantee that the order can be stopped.
Once an order has shipped, it must be handled under our Return and Refund Policy.
9. Shipping and Delivery
Available shipping methods, estimated delivery times, and shipping charges will normally be displayed during checkout or communicated after the order is placed.
Delivery estimates are not guaranteed unless expressly stated.
Delivery may be affected by:
Product availability
Carrier delays
Weather
Customs processing
Incorrect addresses
Public holidays
Supply-chain disruptions
Events outside our reasonable control
Customers are responsible for providing a complete and accurate delivery address.
Murky Moss is not responsible for delays or losses caused by an incorrect or incomplete address supplied by the customer.
If we cannot ship within the promised time, or within the period required by applicable law where no time was promised, we may contact the customer with a revised estimate and an opportunity to cancel for a refund.
10. Delivery Confirmation and Risk
Risk of loss passes as provided by applicable law and the selected shipping arrangement.
A shipment shown as delivered by the carrier may be treated as delivered unless the customer promptly reports a delivery problem.
Customers should:
Inspect packages promptly
Check for missing or damaged items
Contact us within 48 hours regarding damaged, defective, incorrect, or incomplete deliveries
Keep the packaging and shipping label while a claim is reviewed
We may require photographs, video, packaging details, or other reasonable evidence.
11. Returns and Refunds
Returns, refunds, exchanges, damaged products, and order cancellations are governed by our Return and Refund Policy.
The Return and Refund Policy forms part of these Terms and Conditions.
Nothing in these terms limits a consumer right that cannot legally be excluded.
12. Promotions and Discount Codes
Promotions may be subject to additional conditions.
Unless stated otherwise:
Discount codes cannot be exchanged for cash.
Only one discount code may be used per order.
Discounts cannot be applied after an order is completed.
Promotions may exclude selected products.
Promotions may be changed or withdrawn before an order is submitted.
Discounts may not apply to shipping, tax, or duties.
Abuse of promotions may result in order cancellation or account restriction.
13. Product Reviews and User Content
Customers may be able to submit product reviews, comments, photographs, or other content.
By submitting content, you confirm that:
You created it or have permission to use it.
It is accurate to the best of your knowledge.
It does not violate another person’s rights.
It is not unlawful, threatening, defamatory, obscene, deceptive, or abusive.
It does not contain malicious software or unauthorized advertising.
You grant Murky Moss a non-exclusive, worldwide, royalty-free license to host, reproduce, display, edit for formatting, and use submitted content in connection with our website and marketing.
We may remove user content that violates these terms.
14. Acceptable Use
You may not:
Use the website for an unlawful or fraudulent purpose
Attempt to gain unauthorized access to the website
Interfere with website security or operation
Introduce viruses, malicious code, or automated attacks
Scrape or extract website information without authorization
Impersonate another person
Submit false orders or payment information
Misuse promotions
Infringe intellectual-property rights
Use website content for unauthorized commercial purposes
15. Intellectual Property
The website and its content, including text, graphics, layout, branding, logos, photographs, icons, software, and design elements, are owned by or licensed to Murky Moss and are protected by applicable intellectual-property laws.
Customers receive a limited, revocable, non-transferable right to access the website for personal shopping purposes.
No content may be copied, reproduced, distributed, modified, sold, or commercially exploited without prior written permission.
16. Third-Party Services and Links
The website may use or link to third-party services, including payment, shipping, social-media, analytics, and advertising services.
Murky Moss does not control third-party websites and is not responsible for their:
Content
Availability
Security
Privacy practices
Products
Representations
Terms
Use of third-party services is at the customer’s discretion and may be subject to separate terms.
17. Website Availability
We do not guarantee that the website will always be uninterrupted, error-free, or available.
We may modify, suspend, restrict, or discontinue any part of the website for maintenance, security, legal, or business reasons.
18. Disclaimer of Warranties
To the maximum extent permitted by law, the website is provided on an “as available” and “as is” basis.
We disclaim implied warranties to the extent they can legally be excluded, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
This section does not exclude warranties, guarantees, or consumer rights that cannot legally be waived.
Any manufacturer warranty provided with a product remains subject to the manufacturer’s terms.
19. Limitation of Liability
To the maximum extent permitted by law, Murky Moss will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss arising from use of the website or purchase of a product.
This may include loss of profits, revenue, business opportunity, data, or goodwill.
Where liability cannot be excluded, our total liability relating to a purchase will not exceed the amount paid for the product giving rise to the claim, except where applicable law requires otherwise.
Nothing in these terms excludes liability that cannot legally be excluded, including liability for fraud, fraudulent misrepresentation, or certain personal injuries.
20. Indemnification
To the extent permitted by law, you agree to indemnify Murky Moss against claims, losses, liabilities, and reasonable expenses resulting from:
Your unlawful use of the website
Your violation of these terms
Your infringement of another person’s rights
Content you submit to the website
This provision does not apply where prohibited by consumer-protection law.
21. Privacy
Our collection and use of personal information are described in our Privacy Policy.
By using the website, you acknowledge that you have reviewed the Privacy Policy.
22. Events Outside Our Control
We are not responsible for failure or delay caused by circumstances outside our reasonable control, including:
Natural disasters
Extreme weather
War
Terrorism
Civil unrest
Government action
Labor disputes
Carrier interruption
Internet outages
Cyberattacks
Public-health emergencies
Supply-chain disruptions
We will take reasonable steps to minimize the effect of such events.
23. Governing Law
These Terms and Conditions are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Subject to mandatory consumer rights, disputes may be brought before the appropriate state or federal courts serving Travis County, Texas.
Customers may also have the benefit of mandatory rights and legal remedies under the laws of their place of residence.
24. Severability
If any provision of these terms is found invalid or unenforceable, the remaining provisions will remain in effect.
The invalid provision will be interpreted or modified only to the extent necessary to make it enforceable where legally permitted.
25. No Waiver
Failure to enforce a provision does not waive our right to enforce it later.
26. Changes to These Terms
We may update these Terms and Conditions periodically.
Updated terms will be posted on the website with a revised effective date.
Changes will apply to website use after publication. Terms applicable to an accepted order will generally be those in effect when the order was placed, unless applicable law requires otherwise.
27. Contact Us
Questions concerning these Terms and Conditions may be sent to:
Murky Moss
5900 Balcones Drive, Suite 100
Austin, Texas 78731
United States
Email: info@murkymoss.com
Telephone: +44 7404 809301