Terms and conditions

Last update:  6 April 2024

Identity of Double Flush Ltd and its subsidiaries

MoondayTrading is registered domain by Moonday Tradin

The website can be accessed by the following URLs: www.mondaytrading.com  (Later referred to as “Moonday”, “the website” or “website”)

Definitions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the websites and our services operated by Double Flush Ltd.

The client (hereinafter referred to as “Client” or “You”) commissions Moondaytrading and all its subsidiaries (hereinafter referred to as “Moonday”, “us”, “we”, or “our”) to supply or create and deliver services. You are agreeing to be bound by the following terms and conditions. “Image(s)” means all viewable renditions furnished by 2flush hereunder, whether captured or stored in photographic, magnetic, optical, or any other medium whatsoever.

You can review the current version of the Terms of Service at any time at https://www.moondaytrading.com/terms-and-conditions

Moonday reserves the right to modify the present Terms of Service by posting updates to the Moonday websites. You are advised to check Terms of Service from time to time for any updates or changes that may impact you.

By making use of our services, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement. If you disagree with any part of the terms then you do not have permission to access the Service.

100% Refund Policy, Revisions, and Image Approval/Disapproval

  1. The client will be given the chance to approve or disapprove a quotation.
  2. Disapproval must be expressed in detail per email and very specific changes must be made clear.
  3. The client cannot request a refund, changes, or reshoots after the client has approved the final images.
  4. Not approved quotations after 30 days will be considered orphaned, the product forfeited and the job closed. No refunds will be offered. The proposed prices will not be valid anymore.
  5. All refunds are issued to their original form of payment.
  6. Balances on any order or individual account will remain for the life of the business, but can only be refunded if requested within 90 days. After 90 days, balances cannot be refunded but will remain as a credit for any future orders.

Completion of the project and closing of the order

Upon delivery of the products, you have ten business days to inform us if you have any issues or concerns with the final product. Project is considered completed and the order will be closed ten days after the delivery to you.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Turnaround Time & Delays

Turnaround time:

  1. Turnaround times begin upon receiving the full set of directions at the Moonday staff.
  2. Moonday is closed Saturdays, Sundays, and standard Chinese holidays. Closed days do not count towards the turnaround time as we are not operational.
  3. Turnaround time will vary and is based on the total number of items and the difficulty. Therefore, turnaround time is specified in the client’s order and refers to business days.

Redo orders:

Turnaround time on a change/redo order request is 5 business days from the time the request is received.

Hold orders:

  1. An order that is placed “On Hold” is an order that is stopped for various reasons and is awaiting a client action.
  2. Moonday will send the client an email notifying them that an order is On Hold. Turnaround time will stop while an order is On Hold.
  3. After sufficient client response to remedy the issue leading to the hold, the hold will be released.
  4. On Hold orders that are subsequently released may incur additional turnaround delays up to two business days.
  5. Orders may be placed On Hold for the following reasons:

    a. No direction has been provided.
    b. Not enough direction has been provided to proceed.
    c. Missing information, products or props.
    d. Moonday is awaiting a client reply regarding pre-approval images.
    e. Any other reason which may hinder Moonday ability to continue to fulfill the request.

Payment

  1. Custom quotes and contracts will be sent to the client and must be approved via email. Once approved, the client must pay 100% of the costs upfront through Stripe (a link with the payment page by credit card will be sent to the client) or Bank Transfer. Enterprise payment terms are agreed upon separately and stated in a custom quote.
  2. If a client overpays, they will be contacted as soon as the error is recognized. The surplus amount will be refunded or used as credit for future orders.
  3. If a client underpays for a service, they will be informed.

Non-Payment

If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights to issue takedown notices requesting the removal from website(s), any Content we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.

Taxes

You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.

Products shipped to Moonday studio

In case there is a prototype or a product that is needed to be shipped to Moonday :

1. After placing an Order, the client is responsible for arranging shipment of the products to Moonday at:

Moonday
Name:

Do not send any products to us without contacting us and confirming the address first.

2. Do not send us or drop off a product before an order is placed. Moonday sends and receives many packages daily and if a shipment arrives without an order number on it then we have no way of tracking it in our inventory system.  Moonday is not responsible for lost products or delays due to a client’s failure to comply with this policy.

3. All costs associated with shipping products to and from Moonday are the sole responsibility of the client. Client bears the risk of damage or loss until the products are delivered to Moonday’s address set forth above and accepted by Moonday.

4. Moonday is not responsible or liable for any damage or loss that occurs to the products during shipping. Client warrants that the products are adequately packed and insured against damage or loss and agrees to hold Moonday harmless for any such damage or loss occurring during shipment to Moonday.

Return shipping products

Return shipping of products will be provided to the client, subject to the following conditions:

  1. The client must request return shipping within 30 days following completion of the services by replying to the Approval Emails.
  2. Shipping labels are provided and all expenses associated with shipping are covered by the client
  3. Value must be a total amount of $20, at minimum to qualify for return shipping.
  4. We will decide the return shipping method, unless agreed otherwise. 
  5. Additional insurance beyond what the shipping company offers as standard is the client’s responsibility.
  6. Failure to respond to the Approval Emails within 30 days with return instructions will result in the client products being removed from MBloq inventory. They will be disposed of and the products will not be returned. Client agrees that MBloq is not liable for the disposal of products pursuant to this policy. Client is solely responsible for sufficiently insuring all products during shipping.

Lost, damaged, or stolen products

  1. Once the products arrive at the Moonday studio they will be checked for damage, which, if present, will be reported to the client within 24 hours.
  2. Once received by Moonday and checked into its system, Moonay will assume possession of the products.  If an item is lost, damaged, or stolen while in possession of Moonday, then Moonday will reimburse the client for such damage or loss for the repair cost or replacement cost of the damaged or lost product up to a maximum amount of $1,000 per client.
  3. Moonday is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, or acts of God, weather events, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Disputes

  1. The client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Moonday. Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties.
  2. The parties agree to use their best efforts to resolve any dispute between them related to the obligations set forth in these terms by good-faith negotiation and mutual agreement. However, in the event that the parties are unable to resolve any dispute, any unresolved disputes shall, at Moonday’s option, be finally settled in court within Hong Kong S.A.R.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Limitation Of Liability

In no event shall Mbloq, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Moonday, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.