What are your terms of service?
By purchasing Moment Products on this website, you agree to these terms and conditions. Please read them carefully.
1. Payment. Payment must be by way of credit card through the Moment, Inc website located at www.momentlens.co. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
2. Shipping. The Moment in stock products are expected to ship in within one business day after an order is placed, subject to delays in manufacturing and/or delivery. Your Moment product will be shipped in the order in which it is received by Moment, Inc. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted. The risk of loss and title for Moment Products pass to you upon our delivery of the Moment Product to the carrier. For orders shipped outside the United States, import duties, taxes, and other charges are not included in the item price or shipping cost, but are collected at checkout through the Moment website. If these international fees are collected, Moment Inc will pay them on your behalf upon shipment with the shipping company selected.
3. Disclaimer. Except as set forth in the Moment Inc. Limited Warranty, and to the maximum extent permitted by applicable law, the Moment product is provided “as is” and “as available” and Moment Inc. hereby disclaims all warranties and conditions with respect to Moment product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
4. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENT, INC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MOMENT PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MOMENT, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Moment, Inc’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of your Moment Product. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5. Force Majeure. Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
6. Privacy. All information provided here is kept completely confidential, and is kept solely to service your order. We do not share, sell or otherwise distribute any information gathered by this ordering system. If you have any questions or concerns regarding your privacy, please contact us.
7. Controlling Law and Severability. These Terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.
8. Moment, Inc. is an approved CREDITS participant with the Canada Border Services Agency (CBSA). By ordering goods from Moment, Inc., I hereby authorize Landmark Trade Services an approved customs broker in CREDITS, to act as my agent, and to transact business with the CBSA to obtain release of my merchandise, account for duties and taxes, return merchandise to Moment, Inc.,, and electronically submit refund claims on my behalf.. Under the CREDITS program, I understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that I will obtain the refund directly from Moment, Inc. Further, I also authorize the customs broker to forward any refund issued by the CBSA in my name, so that Moment, Inc. can be reimbursed.
9. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.