Terms of Sale
Last updated: January 24, 2025
- Important Notice About Your Rights and Obligations
These Terms of Sale ("Terms") govern your purchase and sale of products from Europe’s Best Brands Tattoo Supply through our website magic-moon-usa.com (the "Site"). This document details your rights, obligations, and the conditions, limitations, and exclusions that may apply. Please review it carefully.
By placing an order through this Site, you agree to these Terms.
These Terms mandate individual arbitration to resolve disputes instead of jury trials or class actions.
Do not order products from us if you:
- Do not agree to these Terms;
- Are under 18 years old; or
- Are prohibited by applicable law from using this Site or any of our products.
These Terms may change without prior written notice. The latest version will be posted on the Site, and reviewing these Terms before making a purchase is recommended. Continuing to purchase products from our Site after changes indicates your acceptance of the new Terms.
- Order Acceptance and Cancellation
Your order represents an offer to purchase under these Terms. All orders must be accepted by us; otherwise, we are not obligated to sell the products to you. We reserve the right to refuse any order at our discretion. After placing an order, you will receive a confirmation email with the order details. Acceptance occurs when you receive this email and any required verification information.
Once confirmed, orders cannot be canceled. We reserve the right to cancel fraudulent orders.
Products sold by Europe's Best Brands are intended for professional use and by purchasing, it is assumed that you are declaring that you are operating in a professional capacity and comply with all local, state, and national requirements and standards. Any issues that arise due to negligence or unprofessional use will be the sole responsibility of the buyer / operater. Europe's Best Brands will not be held liable and hold no responsibility.
- Prices and Payment Terms
- Prices on this Site can change without notice. The price at the time of order placement, as confirmed in your order email, is the price you will pay. We may cancel orders due to typographical errors in our offers.
- Prices exclude taxes and shipping charges, which will be added to your total.
- Payment must be received before order acceptance. By providing payment information, you warrant that it is accurate and you are authorized to use it. Charges must be honored by your payment provider.
- We collect sales tax where applicable, based on shipping destination. Wholesalers or resellers must provide a valid resale certificate to avoid sales tax.
- Shipping, Delivery, Title, and Risk of Loss
- Products cannot be shipped to PO Boxes, APO, or FPO addresses; a physical address is required.
- Shipping options are available at checkout. You will cover shipping and handling costs unless otherwise stated.
- In-stock orders typically ship within two business days, excluding weekends and observed holidays.
- Title and risk of loss transfer to you upon our delivery to the carrier.
- Shipping dates are estimates and not guaranteed. Delays due to unforeseen events are not our responsibility.
- Duties and taxes are your responsibility unless specified at checkout. Returned orders due to unpaid duties or taxes or shipments that are refused will be refunded less return shipping and handling fees assessed by carrier. If a package is destroyed due to refusal, refunds will not be offered.
- Returns and Refunds
Returns are accepted for products (except non-returnable or customized items) within 30 days of the invoice date, provided they are in original, unopened, unused condition. Opened or used products cannot be returned unless defective under our limited warranty.
To return products, follow instructions on our returns page. Return items in original packaging with all accessories and documentation. Returns must be authorized through the vendor. Failure to authorize may result in longer processing times and may in the worst case result in an unsuccessful return. Magic Moon Tattoo Supply USA will not be heald accountable for non authorized return shipments.
Return shipping costs are your responsibility unless the product is defective. Refunds are processed within 3 to 10 business days after we receive the returned items, issued as store credit or to the original payment method. No refunds for non-returnable or customized products. Returned items must be packaged according to instruction provided upon authorization. Any item that is returned and found to be damaged due to improper packing or negligence will not be refunded. If damage is determined to be due to shipping carrier, a case will be filed with carrier and refund will be processed after carrier provides determination.
- Limited Warranty
This limited warranty grants specific legal rights, with variations by state.
We warrant that hardware components of our products purchased from the Site will be free from defects in materials and workmanship for one year from delivery. Third-party products are covered by their manufacturer’s warranty.
This warranty does not cover other equipment or devices used with our products.
This warranty applies only to products purchased directly from us or authorized retailers, not unauthorized sellers or second-hand items.
We limit all implied warranties, including merchantability and fitness for a particular purpose, to the duration of this limited warranty. Some states do not allow limitations on implied warranties, so this may not apply to you.
Our liability for defective products is limited to repair, replacement, or refund. No oral or written information or advice from us or our distributors will extend this warranty.
Warranty Coverage Period
The warranty starts on the delivery date and lasts one year. Repairs or replacements do not extend the warranty period.
Who May Use This Warranty
This warranty is for the original purchaser only and does not extend to subsequent owners. Products from unauthorized sellers are not covered.
What This Warranty Covers
This warranty covers defects in materials and workmanship in hardware components purchased from the Site. It excludes software components.
What This Warranty Does Not Cover
This warranty does not cover damages from:
- Transportation;
- Storage;
- Improper use;
- Failure to follow instructions or perform maintenance;
- Modifications;
- Unauthorized repair;
- Normal wear and tear;
- External causes like accidents or theft.
This warranty covers only our products, not other equipment used with them.
Remedies Under This Warranty
For defective products, we will repair, replace, or refund at our discretion. We cover shipping fees for returns if we repair or replace the product.
Obtaining Warranty Service
Proof of purchase is required. Contact us at 775-360-6160 or support@magic-moon-usa.com for warranty service instructions. We will respond within five business days.
Limitation of Liability
Your sole remedies are repair, replacement, or refund. Our liability is limited to the purchase price of the defective product. We are not liable for indirect, special, incidental, or punitive damages.
Some states do not allow exclusion or limitation of incidental or consequential damages, so this may not apply to you.
Dispute Resolution
The dispute resolution process in Section 11 is available if you believe we have not met our warranty obligations.
- Intellectual Property Rights
You acknowledge that:
- We or our suppliers own all rights, titles, and interests, including intellectual property rights, in the products sold through the Site. “Intellectual Property Rights” include copyrights, trademarks, trade secrets, patents, and other industrial property rights.
- Purchasing products does not grant you ownership of any intellectual property rights.
- You will not distribute, republish, reproduce, remove proprietary notices, reverse engineer, decompile, disassemble, or copy any part of the products.
- Goods for Resale or Export
Wholesalers or resellers must provide a valid, current resale certificate to avoid sales tax. Compliance with all applicable laws and regulations for resale, exportation, importation, distribution, marketing, labeling, licensing, and registration is your responsibility. You will indemnify and hold harmless Europe’s Best Brands Tattoo Supply and its affiliates from any claims or expenses arising from misuse or legal non-compliance.
- Force Majeure
We are not liable for any performance failure caused by circumstances beyond our control, including natural disasters, government actions, war, terrorism, labor disputes, transportation delays, telecommunications outages, or power outages.
- Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Nevada, excluding conflict of law rules. Federal law preempts state law where applicable.
- Dispute Resolution and Binding Arbitration
(a) Disputes are resolved through binding arbitration instead of court, waiving the right to jury trials and class actions. (b) Arbitration is administered by the American Arbitration Association (AAA) under the Consumer Arbitration Rules for consumers or Commercial Arbitration Rules for businesses. The Federal Arbitration Act governs this section. (c) Arbitration is conducted individually. Claims cannot be consolidated or brought as class actions. (d) Small-claims court may be an option for claims within its jurisdiction.
- Entire Agreement
Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Privacy Policy form the complete agreement between you and us regarding your purchases.
If any part of these Terms is deemed invalid, the remaining provisions will remain in effect.