Terms of service

1. IMPORTANT NOTICE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT.

BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MYSTIC LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through the Mooseborn (mooseborn.com) website (the "Site"). These Terms are subject to change by Mystic LLC (referred to as "Mooseborn," "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

Mystic LLC is the owner of the mooseborn.com website and the brand Mooseborn.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Mooseborn / Mystic LLC and you will not take place unless and until you have received your order confirmation email.

3. Prices and Payment Terms

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Subscription Renewals

You will automatically be charged on a 24-day, 48-day or a 96-day basis for your ongoing subscription (based on the frequency you choose), with each recurring charge occurring on the mentioned number of days after your initial purchase date. To cancel, you must log in and cancel the subscription before your next scheduled billing date. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER PERIOD. All cancellation requests received after your scheduled billing date will apply to the following subscription period. We may refuse to renew any subscription in our sole discretion. WE ONLY ACCEPT RETURNS ON YOUR INITIAL ORDER. FROM YOUR SECOND ORDER WE DO NOT ACCEPT RETURNS.

MANAGE SUBSCRIPTION: You can at any time log in to cancel, pause, and manage your subscription through your account portal.

5. Cancellations

We do not cancel orders after they have been placed; this also applies to subscription orders. If you reach out to cancel a subscription order that is already placed or renewed, we will deny it. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED BILLING DATE, YOUR ORDER WILL BE SHIPPED AND WE WILL NOT REFUND IT OR ACCEPT A RETURN.

6. Shipments; Delivery; Title and Risk of Loss

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

7. Returns and Refunds

If you need to make a return, we're here to support you every step of the way. To begin a return, please contact us within 30 days of delivery to request a return shipping label.

How to Request a Return:

1. Fill out the Return form request. We will email your return shipping label within 24–48 hours of your request. Customers are responsible for the cost of return shipping.

2. Ship Your Item Back. Pack your unopened item securely in a box or mailer and ship it using the return label we provide.

3. Refund Processing. Once your return arrives at our warehouse and passes inspection (it typically takes 1–2 weeks for returns to arrive), we will initiate your refund within 1–2 business days. Refunds are issued to your original method of payment. Please allow up to 10 business days for your bank or payment provider to post the refund.

Important Notes:

  • Returns must be shipped using the label provided by Mooseborn. Items sent to any other address cannot be refunded or reshipped.

  • Returned products must be unopened, unused, and completely intact.

  • Returns requested after 30 days from delivery are not eligible for a refund.

  • 1st order only eligible for return.

  • Mooseborn is not responsible for duplicate orders placed by the customer.

Undelivered: If your package is returned to us as undelivered, you may choose a full refund for the products or a free reshipment of your order.

Refused Packages: We strongly recommend accepting the package and contacting us immediately so we can assist you properly. If a package is refused without visible damage, we can refund the product cost once it arrives back at our warehouse. If the package is visibly damaged, you will not be charged for return shipping or processing, and you may choose a full refund (including shipping costs) or a free replacement. If you discover damaged or defective items after opening, we will provide a free return label and issue a refund or replacement once the item is returned.

Please Note: Refused packages can sometimes be lost in transit. If a refused shipment does not arrive back at our warehouse, we cannot issue a refund. Using a return label generated by us is the only way to guarantee safe processing of your return.

8. Disclaimer of Warranties

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOOSEBORN / MYSTIC LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. Limitation of Liability

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MOOSEBORN / MYSTIC LLC, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, "MOOSEBORN / MYSTIC LLC PARTIES") BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL MOOSEBORN / MYSTIC LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MOOSEBORN / MYSTIC LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

10. Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You agree to comply with all applicable laws and regulations of any state and of the United States with respect to these products or services.

11. Privacy

Our Privacy Policy (mooseborn.com/policies/privacy-policy) governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

12. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunications breakdown, or power outage.

13. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

14. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Binding Arbitration. You and Mooseborn / Mystic LLC agree that, except for (i) claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, "Excluded Claims"), any controversy or claim arising out of or relating to these Terms or your relationship to Mooseborn / Mystic LLC as a customer, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the "Covered Claims"), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.

(b) WAIVER OF CLASS ACTIONS. YOU AND MOOSEBORN / MYSTIC LLC AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

(c) Conduct of Arbitration. Arbitrations will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. Florida law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. Prior to initiating arbitration, both parties agree to provide written notice of the potential claim and make a good faith effort for at least 60 days to resolve the claim informally. To provide notice of a claim to Mooseborn / Mystic LLC, write to support@mooseborn.com.

(d) Mass Arbitrations. In the event 25 or more similar arbitration demands are submitted to AAA against Mooseborn / Mystic LLC, the parties agree to administer the filings in batches of 10 demands per batch, processed and adjudicated sequentially. The parties agree to cooperate in good faith to implement efficient resolution of claims.

(e) 30-Day Right to Opt Out. You have the right to opt out of the arbitration and class action waiver provisions by sending written notice to support@mooseborn.com with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT OUT" and your name and email address associated with your account. The notice must be sent within thirty (30) days of your first use of the Site under these Terms.

(f) Changes to this Section. If we make any material changes to this Section 14, you may reject any such change by sending us written notice within 30 days of the change.

(g) Survival. This Section shall survive any termination of the Terms or of your use of the Site.

(h) Florida Courts. Except to the extent that arbitration is required, any action or proceeding may only be instituted in state or federal court in the State of Florida. Accordingly, you and Mooseborn / Mystic LLC consent to the exclusive personal jurisdiction and venue of such courts.

15. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void.

16. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mooseborn / Mystic LLC.

17. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18. Notices

(a) To You. We may provide any notice to you under these Terms by sending a message to the email address you provide or by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us at support@mooseborn.com or by registered or certified mail to Mystic LLC, Florida, United States.

19. Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

20. Entire Agreement

Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.