Terms of service
1. THESE TERMS
By placing an order with MOGSki you agree to these terms. We may update them; the version in force is the one published at the time of your order.
2. ORDERS
An order is an offer to buy. We accept it when we confirm shipment. We may decline or cancel an order before shipping — including where an item is unavailable, where pricing is shown in error, or where we cannot lawfully fulfil it — and will refund in full.
3. PRICING
Prices are shown in US dollars and may change without notice. Prices on orders already confirmed do not change.
4. PRODUCTS AND NATURAL MATERIALS
Our pieces are made by hand from natural hides and furs. Colour, pattern, texture and markings vary between pieces and will differ from photographs. Measurements are approximate. This variation is a characteristic of the material, not a defect.
5. PRODUCT DESCRIPTIONS
We describe our materials and construction as accurately as we can. Where we have not tested a property, we do not claim it.
6. LEGAL RESTRICTIONS ON CERTAIN PRODUCTS
Some products are subject to restrictions under the laws of particular states or countries. It is the customer's responsibility to comply with the laws applicable at the delivery address. We reserve the right to cancel and refund any order we cannot lawfully fulfil.
7. INTELLECTUAL PROPERTY
All content on this site — text, photography, design and marks - belongs to MOGSki and may not be reproduced without permission.
8. LIMITATION OF LIABILITY
8.1 What we commit to. Our commitments about the products themselves are the ones set out in our Refund Policy: the exchange window and the quality guarantee. Those commitments are given in full and we stand behind them.
8.2 Everything else is as described. To the fullest extent permitted by law, and apart from the commitments in our Refund Policy, the products and this website are provided "as is" and "as available". We disclaim all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that this website will be uninterrupted or free of errors.
8.3 No performance claims. We describe our materials and our construction. We do not claim any temperature rating, waterproofing, slip resistance, arch or ankle support, or any similar tested performance property, and nothing on this website should be read as making such a claim.
8.4 Decorative items. Items described as decorative objects are not children's toys, are not intended for children, and have not been tested against children's toy safety standards. They may contain small parts. They must be kept away from infants and young children.
8.5 Damages we exclude. To the fullest extent permitted by law, MOGSki and its owners, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, business interruption or loss of goodwill, arising out of or relating to the products, this website or these terms — whether the claim is brought in contract, tort (including negligence), strict liability, warranty or otherwise, and even if we have been advised that such damages were possible.
8.6 Limit on total liability. To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to a product or an order will not exceed the amount you actually paid us for that product or order.
8.7 What we do not exclude. Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited. This includes liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, and any liability under consumer protection law that applies to you and cannot be waived.
8.8 Your local law may give you more. Some jurisdictions do not allow the exclusion of implied warranties, or the exclusion or limitation of incidental or consequential damages. Where that is the case, the exclusions and limits set out above apply only to the extent the law permits, and you may have additional rights.
9. GOVERNING LAW AND DISPUTES
9.1 Governing law. These terms, and any dispute arising out of them or out of your purchase, are governed by the laws of the State of Connecticut, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
9.2 Talk to us first. Before starting any formal proceeding, you agree to email us at support@mogski.com with a short description of the dispute and the outcome you are looking for, and to allow us 30 days to resolve it informally. Most problems are settled at this stage.
9.3 Binding individual arbitration. If we cannot resolve a dispute informally, you and MOGSki agree that it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration may be conducted in Connecticut, by telephone or video, or on written submissions — at your election. Judgment on the award may be entered in any court with jurisdiction.
9.4 Individual basis only. You and MOGSki agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims. If this paragraph is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court.
9.5 Small claims. Either of us may instead bring an individual claim in small claims court, if the claim qualifies.
9.6 Injunctive relief. Either of us may ask a court for temporary injunctive relief to protect intellectual property rights while arbitration is pending.
9.7 Opting out of arbitration. You may opt out of paragraphs 9.3 and 9.4 by emailing support@mogski.com within 30 days of your first order, with your name, order number and a statement that you are opting out of arbitration. Opting out does not affect any other part of these terms.
9.8 Time limit for claims. To the extent permitted by law, any claim relating to a product or an order must be brought within one year after it arises, or it is permanently barred.
9.9 If you are outside the United States. Nothing in this section removes any right you have to bring proceedings in your country of residence, or any protection given to you by the mandatory consumer law of that country where that law provides that those rights cannot be removed.
10. GENERAL
10.1 Severability. If any provision of these terms is held to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder of these terms will stay in force.
10.2 No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
10.3 Assignment. You may not assign these terms. We may assign them to a successor in connection with a merger, acquisition or sale of assets.
10.4 Entire agreement. These terms, together with our Refund Policy, Shipping Policy and Privacy Policy, form the entire agreement between us in relation to your purchase, and replace any earlier discussions.
10.5 Effective date. These terms take effect on the date they are published and apply to orders placed on or after that date.
10. CONTACT
support@mogski.com