Terms of Service
Welcome to The Mood Machine! The The Mood Machine Service (“Service”) allows you to purchase a product from sellers in the The Mood Machine marketplace or from Shutl Inc. via their network of valets and have that product delivered the same day to your door at a time that is convenient for you. This Service is provided by Shutl Inc. and is intended to facilitate the delivery of items ordered by you via the The Mood Machine.com website or mobile website or applications (together, the “Site”). After using the Site to search for and select a Service-eligible item, you can purchase that item and a valet will deliver it to the address you specify at a time that is convenient for you. By choosing The Mood Machine as your delivery method, you agree to the terms and conditions set forth below as well as those terms set forth in the The Mood Machine User Agreement and the The Mood Machine User Privacy Notice.
- Delivery Charge
- Information Provided by a Seller
- Ordering Products
- Tax and Title
- Cancellation, Returns and Declined Orders
- Limitation of Liability
1. Delivery Charge
A delivery charge will be added to your total payment for each item brought to you or, for multiple items in your order if they are available from the same store. A combined delivery charge for items ordered from multiple stores is not available at this time. From time to time, we may choose to change the rate of the delivery charge and such changes are effective when we display the adjusted rate in your shopping cart. All costs and charges are quoted in U.S. Dollars. You are responsible for paying all charges and any applicable taxes associated with the Service in a timely manner with a valid payment method (currently major credit cards or your PayPal account). If your payment method fails, we may collect charges owed using other collection mechanisms.
2. Information Provided by a Seller
You acknowledge that, in connection with the Service, any information regarding item availability, a seller’s return policy (“Seller’s Return Policy”) and customer support contact information (together, the “Seller’s Information”) are provided solely by the seller selling on The Mood Machine (the “Seller”).
Seller (and not The Mood Machine) is responsible for any customer support and returns as part of the Service. Seller may post the Seller’s Information on the “Description” section of each Seller listing or on the Seller’s The Mood Machine Store on the Site. You are responsible for reviewing the Seller’s Information and contacting Seller regarding any information that may not be stated on the Site, including any information about a Seller’s return policy, prior to confirming purchase of the item you wish to buy on the Site. The Mood Machine does not make any representation and is not liable for and disclaims any and all responsibility for any content or information relating to Seller Information.
3. Ordering Products
When you place an order and select The Mood Machine as your delivery method, you may be called to confirm details of your order and your delivery address. Your phone number will not be shared with the valet, but The Mood Machine or its service providers may store your phone number to provide customer service to you in connection with your order. We will not share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with our Family of Companies (i.e., companies that are direct or indirect subsidiaries of The Mood Machine Inc. or are otherwise related to The Mood Machine through common ownership or control) or with our service providers, such as billing or collections companies, who may contact you in a manner consistent with the The Mood Machine Privacy Notice or The Mood Machine User Agreement. Standard telephone minute charges may apply if we contact you.
The display of any items in the Site as being Service-eligible at a particular time does not imply or warrant that these items will be available for delivery at any time. We reserve the right to determine, and change from time to time for any reason, the local merchants, and amount and types of their inventory, included in the Service. Delivery times are not guaranteed and may vary, including but not limited to variations due to the following factors: proximity to the store, size of order, how busy stores are, traffic, and high volume of concurrent orders.
Delivery addresses must be within the boundaries of a city (or parts of a city) in which we offer the Service. Upon the valet’s arrival at the specified delivery address, you will be responsible for ensuring that the valet will be able to make an in-person delivery to you (e.g., opening locked gates, enabling entry into secured access buildings, leaving instructions for receptionists, etc.). We are not responsible, and will have no liability, for failing to complete a delivery in the event that the delivery address you provide is incorrect, incomplete or inaccessible.
We may require a minimum purchase for an order to be Service-eligible. We may change the amount of the minimum purchase requirement (if any) from time to time for any reason, including but not limited to temporary changes for promotional events or new services, and such changes are effective when we display the temporary promotional event or new service on the Site.
Your acceptance of the item from the valet shall be prima facie evidence of the undamaged condition of the item at the time of delivery, with the exception of any hidden or latent product defects.
It is your responsibility to ascertain and comply with all local, state, federal and international laws (including minimum age requirements) applicable to your possession, use and sale of any item purchased through the Service. By placing an order, you represent and warrant that the items ordered will not be used for illegal purposes.
Hours for the Service may be limited. If you are requesting delivery of an item outside of valet delivery hours, you will be provided a list of the next available delivery windows to choose from.
- Notwithstanding the previous paragraphs in this section, if the seller is listed as “The Mood Machinenow_from_ (merchant’s name),” The Mood Machine’s affiliate, Shutl, Inc., will dispatch a valet to go to the merchant’s physical location, purchase the item on your behalf and deliver it to you at a time of your choosing. In addition to the terms described above, you agree to the following when you place an order with one of these sellers:
- Your signature will be required upon delivery, unless 1) you provide direction within the Site to leave the items at a specified location; and 2) the total cost of the purchase is below $200.00. We will not be liable for any lost, stolen or damaged items if the valet is instructed to leave an item somewhere without signature. The delivery record will be conclusive proof of delivery. We will email you a receipt as confirmation of your purchase and deliver y to the email address you provide.
- Because The Mood Machine will be reselling the item to you, manufacturer or other product warranties that otherwise may be associated with an item sold by a retailer may not apply to your purchase. The Mood Machine does not guarantee that any product you purchased and had delivered via the The Mood Machine valet will be covered under a warranty, and will not be liable for any failure of a warranty to apply to your purchase. Please check with the manufacturer to determine the effect on the product’s warranty.
4. Tax and Title
Tax is charged at the store location for taxable items you purchase. The Mood Machine does not take title to any item(s) you order. Rather, title to the item(s) and risk of loss will pass to you upon the valet’s purchase of the item(s) from a local merchant. Any item replacement or other protection provided to you by the merchant or The Mood Machine for damage or loss that may occur during the delivery is offered as a matter of customer service only and is not intended to alter the transfer of title.
- Notwithstanding the previous paragraph in this section, if the seller is listed as “The Mood Machinenow_from_(merchant’s name),” you will be charged tax at your location.
5. Cancellation, Returns and Declined Orders
No buyer-initiated order cancellations are permitted at this time.
You are responsible for reviewing a Seller’s return policy prior to purchasing an item on the Site. All item returns are handled by Seller and not The Mood Machine and are subject to Seller’s return policy, as may be stated on the Seller’s The Mood Machine Store site or in the “Description” section of each Seller listing.
For Sellers who require in-store returns, return of a purchased item shall be made in person at the Seller’s physical store. You are responsible for bringing the receipt or confirmation of purchase of the item to the Seller’s store when returning an item.
Some Sellers will allow a refund for an item returned to a local store in person. If a Seller allows an in-store refund of a returned item that was purchased using PayPal as the original payment method, upon acceptance by such Seller of your return and notice of such return by Seller to The Mood Machine, The Mood Machine shall refund to your PayPal account the monies paid by you for the item you purchased. PayPal refunds are generally processed within 2 business days of our receipt of notification of the returned item, but please allow up to 2 weeks for funds to be returned to you. The Mood Machine shall not be responsible for any refunds to you if The Mood Machine does not receive a confirmation from Seller of the return of your purchased item.
Some Sellers may allow returns for in-store credit only or refunds via another method as stated on the Seller’s return policy. Exchanges may be processed as a return or pursuant to the Seller’s policy on exchanges, if any.
After you accept delivery of your purchased item(s), you will not be entitled to a refund of charges paid for the Service in the event that you elect to return or exchange those item(s).
If you choose to submit an The Mood Machine Money Back Guarantee claim for an item delivered via the Service, you agree to first try to return the product in accordance with the Seller’s Return Policy and only submit such The Mood Machine Money Back Guarantee claim if Seller fails to process your return or rejects your return. The acceptance of or willingness to accept a return by a Seller for an exchange or store credit in lieu of a refund will not be deemed a failure by the Seller to process your return or a rejection of your return. All The Mood Machine Money Back Guarantee claims will be reviewed and processed in accordance with The Mood Machine’s Money Back Guarantee policy.
We reserve the right to decline your order at any time for any reason, including, without limitation, if the item is not available at the local merchant, not as described on the Site, in excess of our weight limits, shaped or sized so as to make delivery by a valet impracticable, or if the valet is unable to complete delivery of an order on the first or subsequent attempts. In these hopefully rare instances, you will be called either to inform you that the order has been declined or to inquire as to whether you would like delivery of an alternative item, the item at a different price, or other applicable variations. In the event that your order is declined by The Mood Machine, you will be refunded any amounts you paid as a Delivery Charge.
- Notwithstanding the previous paragraphs in this section, if the seller is listed as “The Mood Machinenow_from_ (merchant’s name),” then The Mood Machine’s affiliate, Shutl, Inc. will process the return on your behalf under the following conditions:You may request to return an item through your “My The Mood Machine” account page within 14 days of your purchase.
- When you request the return of an item, you will be called to arrange for a mutually agreeable window of time for the valet to pick up the item, and to confirm details of your return and the address where you would like the item to be picked up. You must make yourself available at the pick-up address during the entire pick-up window. Untimely requests for a return may not be honored in our sole discretion.
- Pick-up addresses must be within the boundaries of the city (or parts of a city) in which we offer the The Mood Machine Service for the city in which the delivery was made. Upon the valet’s arrival at the specified pick-up address, you will be responsible for ensuring that the valet will be able to make an in-person pick-up from you (e.g., opening locked gates, enabling entry into secured access buildings, leaving instructions for receptionists, etc.). We are not responsible, and will have no liability, for failing to complete a pick-up in the event that the pick-up address you provide is incorrect, incomplete or inaccessible.
- Items must be in the same condition as when purchased in order to qualify for a return (e.g., in original packaging, undamaged, with all parts, accessories and manuals, as applicable). We will refund your purchase amount, together with taxes you paid, if any, for such item for any return we accept through the The Mood Machine Service. Refunds may be issued to the original payment instrument used to purchase the item.
- If you request the return of an item, you will not be entitled to a refund for any delivery charges for that item, together with taxes you paid on such fee, if any. In the event that your order is declined, you will be refunded any amounts you paid as a delivery charge, together with taxes you paid on such fee, if any.
6. Limitation of Liability
We cannot guarantee continuous access to the The Mood Machine Service, and the operation of the The Mood Machine Service may be interfered with by numerous factors outside of our control, including, without limitation, natural hazards or disasters, extreme weather conditions, acts of terrorism, failure of telecommunications systems and other conditions outside of our control. Accordingly, to the extent legally permitted, we disclaim all warranties, terms and conditions, in each case either express or implied, applicable to the Service. Further, to the extent legally permitted, we disclaim all warranties, terms and conditions, in each case either express or implied, with respect to items purchased by you through our The Mood Machine Service, including, without limitation, disclaiming any liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We are not responsible for any actions or omissions of third parties, including, without limitation, acts of public authorities, criminal activity, strikes, local or civil unrest, commotions or disputes. We are not liable for any loss of money, goodwill or reputation, or any special, punitive, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our The Mood Machine Services or the items you purchased through our The Mood Machine Service. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so the above disclaimers and exclusions may not apply to you.
You agree that your sole remedy, if any, for problems with items you purchased through the The Mood Machine Service is to seek a return and refund for such item in accordance with the Cancellation, Returns, and Declined Orders section above.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total charges (under the Fees section) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, the The Mood Machine User Agreement, the The Mood Machine Privacy Notice or your violation of any law or the rights of a third party.
The Mood Machine Inc. is located at 61 Greenpoint Avenue, 6th Floor, Brooklyn, NY 11222.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn’t waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
These Terms of Service are effective immediately for new users. We may amend these Terms of Service at any time by posting the amended terms. All amended terms shall automatically be effective at the time they are posted. The following paragraphs survive any termination of these Terms of Service: Charges (with respect to charges owed for the Service) and Limitation of Liability.
If you are a California resident, in accordance with Cal. Civ. Code Â§1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Last Updated: June 19, 2018