Welcome to MOUSSY’s website and online shop (the “MOUSSY Website”)!
BAROQUE USA LIMITED and its e-commerce partner, Prospect Field Co. Ltd. (“Lingble,” and together with BAROQUE USA LIMITED, “MOUSSY Online” or “we”) provide their services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). The Agreement governs your use of the MOUSSY Website and MOUSSY Online’s services, applications, content and products (collectively, the “Site”). Accessing, browsing, or otherwise using the Site constitutes your agreement to follow and be bound by all the terms and conditions in the Agreement, so please read it carefully before proceeding. If you do not agree to the terms and conditions in the Agreement, you should not access or use the Site.
MOUSSY Online reserves the right to change the Site and the Agreement at any time without notice.
You represent and warrant that you are at least 18 years old or, if you are between the ages of 13 and 17, inclusive, you are visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, MOUSSY Online hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by MOUSSY Online in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
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 it unless expressly permitted by MOUSSY Online 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 MOUSSY Online in advance. MOUSSY Online reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if MOUSSY Online believes that customer conduct violates applicable laws or is harmful to MOUSSY Online’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is incomplete, false, inaccurate or not your own; (c) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (d) communicates, transmits or transfers (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (e) attempts to interfere in any way with the Site’s or MOUSSY Online’s networks or network security, or attempts to use the Site’s service to gain unauthorized access to any other computer system or otherwise includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. MOUSSY Online 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 conditions of this Agreement, and MOUSSY Online 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 MOUSSY Online of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, MOUSSY Online may place limits on purchases and does not authorize the purchase of commercial quantities of merchandise. MOUSSY Online also may, among other things, restrict 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 or phone number. MOUSSY Online reserves the right to limit, cancel or prohibit orders that, in its judgment, appear to be placed in violation of this policy. MOUSSY Online further reserves the right to cease doing business with customers who violate this policy. MOUSSY Online may modify this policy at any time without prior notice. This policy applies to all purchases of BAROQUE JAPAN LIMITED or BAROQUE USA LIMITED merchandise, including, but not limited to, all purchases made at MOUSSY retail stores, sample sales, warehouse sales and through catalogs and websites, including the Site.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide MOUSSY Online, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and MOUSSY Online shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of MOUSSY Online and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant MOUSSY Online the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by MOUSSY Online will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead MOUSSY Online or third parties as to the origin of any Submissions or Content. MOUSSY Online may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
By uploading content such as photograph image files ("Member Content") on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, MOUSSY Online and its partners and affiliates, and their respective contractors, and the users of the Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publish, modify, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content. This license does not grant MOUSSY Online, its partners or affiliates, or their respective contractors, the right to sell any Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not MOUSSY Online, its partners or affiliates, or their respective contractors, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or otherwise.
Violations of system or network security may result in civil or criminal liability. MOUSSY Online investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Although MOUSSY Online has made every effort to display products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and MOUSSY Online cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change and may vary depending on the location and the shipping address of the buyer.
While MOUSSY Online strives to provide accurate product and pricing information, pricing or typographical errors may occur. MOUSSY Online is not responsible for typographical errors regarding price or any other matter. MOUSSY Online cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MOUSSY Online shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, MOUSSY Online may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Please note that there may be certain orders that we are unable to accept and must cancel. MOUSSY Online reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
All text, graphics, photographs or other images, button icons, audio clips, and software (collectively, "Content"), belongs exclusively to Lingble, BAROQUE JAPAN LIMITED or BAROQUE USA LIMITED or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to MOUSSY Online. All software used on this Site (the "software") is the property of Lingble or its Software suppliers.
The Content, the Compilation and the Software are all protected international copyright laws. Other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Lingble, BAROQUE JAPAN LIMITED, BAROQUE USA LIMITED, their suppliers, or third parties. The use of any Lingble, BAROQUE JAPAN LIMITED or BAROQUE USA LIMITED trademark or service mark without their respective express written consent is strictly prohibited. You may not use any Lingble, BAROQUE JAPAN LIMITED or BAROQUE USA LIMITED trademark or service mark in connection with any non-MOUSSY Online product or service or in any way that is likely to cause confusion. You may not use Lingble’s, BAROQUE JAPAN LIMITED’s or BAROQUE USA LIMITED’s trademarks or service marks in any manner that disparages or discredits them. You may not use any of the Lingble, BAROQUE JAPAN LIMITED or BAROQUE USA LIMITED trademarks or service marks in meta tags without their respective prior explicit consent.
In addition to any other legal or equitable remedies, MOUSSY Online may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and MOUSSY Online shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
MOUSSY Online publishes information on the Site as a convenience to its visitors. While MOUSSY Online attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. MOUSSY Online does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions. You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”
MOUSSY ONLINE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOUSSY ONLINE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. MOUSSY ONLINE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL MOUSSY ONLINE, THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF MOUSSY ONLINE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOUSSY ONLINE'S 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 MOUSSY ONLINE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO MOUSSY ONLINE'S LIABILITY.
You agree to defend, indemnify and hold Lingble, BAROQUE JAPAN LIMITED or BAROQUE USA LIMITED, and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Agreement or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such a dispute to Hong Kong International Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
The validity, interpretation, enforceability, and performance of this Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York without regards to conflict of laws principles.
MOUSSY Online makes no warranties of any kind regarding any other websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and MOUSSY Online makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in any other websites. MOUSSY Online does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
You agree that MOUSSY Online's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that MOUSSY Online shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that MOUSSY Online 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 MOUSSY Online 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 MOUSSY Online of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.