Terms & Conditions

1. About Moshita

Welcome to Moshita. Moshita is a college-inspired apparel brand offering clothing, accessories, and related products made for game days, tailgates, campus life, and everyday wear.

Throughout these Terms, “Moshita,” “we,” “us,” and “our” refer to Moshita. “You” refers to any visitor, customer, account holder, purchaser, wholesale customer, retailer, or user of our website or services.

By visiting our website, creating an account, applying for a wholesale account, placing an order, submitting content, or purchasing from us, you agree to these Terms & Conditions. If you do not agree with these Terms, please do not use our website or services.

2. Eligibility

By using our website, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are using the website with the consent and supervision of a parent or legal guardian where permitted.

You agree to provide accurate, current, and complete information when placing an order, creating an account, applying for wholesale access, contacting us, or otherwise using our website or services.

3. College-Inspired Apparel; No Affiliation Unless Stated

Moshita creates college-inspired, campus-inspired, tailgate-inspired, and game-day-inspired apparel and accessories.

Unless a product is specifically and clearly identified as “Officially Licensed,” Moshita is not affiliated with, sponsored by, endorsed by, approved by, or officially licensed by any university, college, school, athletic department, team, conference, league, sorority, fraternity, student organization, athlete, or other third party.

Any university names, school names, team names, mascots, logos, slogans, trademarks, service marks, trade names, and other identifiers are the property of their respective owners.

Products that are not marked as officially licensed are not intended to imply sponsorship, endorsement, approval, or affiliation with any school, team, organization, athlete, or rights holder.

4. School Names, Logos, Mascots, and Trademarks

Colleges, universities, teams, athletic departments, conferences, leagues, and other organizations may own trademark, copyright, publicity, and other intellectual property rights in their names, logos, mascots, slogans, colors, uniforms, symbols, and related identifiers.

Moshita does not claim ownership of third-party trademarks, logos, mascots, school names, team names, or other protected identifiers except to the extent we hold a valid license or other authorization.

Unless expressly stated, references to college life, campus culture, game day, tailgating, school spirit, or sports are intended as general lifestyle references only.

Nothing in these Terms is intended to authorize the use of third-party intellectual property in a manner that infringes or violates the rights of its owner.

5. Officially Licensed Products

Moshita may offer officially licensed products. Products that are officially licensed will be identified separately or clearly marked as officially licensed where appropriate.

The existence of any officially licensed product does not mean that all Moshita products are officially licensed, sponsored, endorsed, or approved by any school, team, organization, athlete, or rights holder.

6. Products, Colors, Measurements, and Availability

We make reasonable efforts to display our products, colors, sizes, measurements, descriptions, and images accurately. However, colors may appear differently depending on your device, screen settings, lighting, photography, production differences, fabric, wash, and other factors.

Product measurements are approximate and may vary slightly due to production tolerances, fabric characteristics, wash, measuring method, or other normal manufacturing variations.

All products are subject to availability. We reserve the right to limit quantities, discontinue products, update product information, modify pricing, or correct errors at any time.

We do not guarantee that every product, size, color, or style shown on the website will be available at all times.

7. Pricing, Payment, Taxes, and Duties

All prices are listed in U.S. dollars unless otherwise stated.

Prices are subject to change without notice. We reserve the right to correct pricing errors, product description errors, or other inaccuracies, including after an order has been submitted, subject to applicable law.

We accept payment through the payment methods displayed at checkout. By placing an order, you represent that you are authorized to use the payment method provided.

Applicable sales, use, excise, customs, import, or other taxes, duties, fees, or assessments may be charged where required. Customers are responsible for charges that are lawfully imposed on their purchase unless we expressly state otherwise.

Wholesale customers claiming resale or tax-exempt status are responsible for providing valid, current, and accurate exemption documentation and for notifying us if that status changes.

We reserve the right to refuse, cancel, or hold any order for reasons including suspected fraud, unauthorized activity, incorrect pricing, inventory issues, payment problems, violation of these Terms, or other legitimate business reasons.

8. Order Confirmation and Acceptance

After placing an order, you may receive an order confirmation by email. This email confirms that we received your order request, but it does not necessarily constitute final acceptance of the order.

We reserve the right to accept, decline, cancel, or modify an order before fulfillment where permitted by law.

If we cancel an order after payment has been processed, we will issue the applicable refund to the original payment method, subject to applicable law and payment processor timelines.

9. Preorders, Production Orders, and Estimated Ship Windows

Certain products may be sold as preorders, production orders, advance orders, or other orders that are not ready for immediate shipment.

Any production, availability, or ship date shown for a preorder is an estimate unless we expressly state otherwise. Estimated dates may change due to production schedules, material availability, quality-control issues, transportation delays, customs, port congestion, carrier delays, or other circumstances.

We will handle material shipping delays, cancellation rights, consent to delays, and refunds in accordance with applicable law.

Any special preorder, wholesale preorder, cancellation, deposit, or payment terms disclosed on the product page, order form, invoice, wholesale portal, or at checkout are incorporated into these Terms and apply to the applicable order.

10. Shipping and Delivery

Shipping rates, methods, and estimated delivery times may be provided at checkout, on the applicable product page, or on our Shipping & Returns page.

Delivery estimates are not guaranteed unless expressly stated in writing. Shipping delays may occur due to carrier delays, weather, customs, incorrect addresses, failed delivery attempts, high order volume, production delays, or other circumstances outside our reasonable control.

Please ensure your shipping address is accurate before submitting your order. If you discover an error, contact us as soon as possible. We cannot guarantee that an address can be changed after an order enters processing or shipment.

11. Delayed or Unavailable Orders

If an item becomes unavailable, delayed, or cannot be shipped as expected, we may contact you with available options, which may include waiting for the item, approving a substitute, canceling the affected item, or receiving a refund.

We will handle delayed, unavailable, or canceled orders in accordance with applicable law and any specific terms presented at the time of purchase.

12. Lost, Stolen, or Damaged Packages

Risk of loss and responsibility for shipment will be determined in accordance with applicable law. Nothing in these Terms limits any non-waivable rights you may have regarding merchandise that is not delivered.

If your package is lost, stolen, or damaged in transit, please contact us at info@moshita.com or through our Contact Us page. We will try to assist you with the carrier where reasonably possible.

Subject to applicable law, we are not responsible for theft or loss occurring after valid delivery confirmation to the address or delivery location provided for the order.

Claims for lost or damaged packages may be subject to carrier rules, deadlines, photographs, affidavits, or other documentation requirements.

13. Returns and Exchanges

Our return and exchange policy is available on our Shipping & Returns page and is incorporated into these Terms.

Unless otherwise stated, returned items must be in new, unworn, unwashed, unused, unaltered condition with original tags, packaging, and proof of purchase.

Items that are worn, washed, damaged after delivery, altered, missing tags, marked final sale, customized, personalized, or otherwise excluded under our return policy may not be eligible for return or exchange.

Original shipping charges may be non-refundable unless required by law.

Wholesale orders may be subject to separate or additional return and exchange terms disclosed through the wholesale portal, order form, invoice, or other written terms provided at the time of purchase.

14. Final Sale Items

Certain items may be marked as final sale, including sale merchandise, clearance items, customized products, personalized products, limited-edition items, promotional items, or items purchased under offers that expressly identify them as final sale.

Final sale items cannot be returned or exchanged except where required by applicable law or where we expressly agree otherwise.

15. Promotions, Discounts, Store Credits, and Gift Cards

Promotions, discounts, coupon codes, store credits, gift cards, and special offers are subject to the terms stated at the time of the offer and to applicable law.

Discounts may not be combined, applied retroactively, transferred, exchanged for cash, or used after expiration unless we expressly allow it or applicable law requires otherwise.

We reserve the right to cancel, modify, limit, or refuse any promotion, discount, or offer where permitted by law, including in cases of error, abuse, fraud, or misuse.

Gift cards, if offered, may be subject to separate terms and applicable law.

16. Product Care

You are responsible for following product care instructions. To the extent permitted by law, Moshita is not responsible for damage caused by improper washing, drying, ironing, bleaching, storage, alteration, normal wear and tear, or misuse.

17. Wholesale and Retailer Accounts

Wholesale pricing, retailer ordering tools, wholesale catalogs, and related services may be available only to approved business customers.

Applying for or receiving access to a wholesale account does not guarantee approval of any order, continued account access, territory exclusivity, product availability, or any particular commercial relationship unless expressly agreed in writing by Moshita.

Wholesale customers agree to provide accurate business, contact, resale, tax-exemption, and account information and to promptly update that information if it changes.

Wholesale pricing, catalogs, order minimums, pack quantities, case packs, size runs, payment terms, preorder windows, and other wholesale terms may differ from consumer terms and may be changed prospectively by Moshita.

Non-public wholesale pricing and account materials are provided for the approved retailer's business use. You may not improperly share account credentials or use another retailer's wholesale account without authorization.

Unless expressly agreed in writing, approval as a Moshita retailer does not grant exclusivity in any geographic area, sales channel, school market, customer group, or territory.

18. Wholesale Orders, Pack Requirements, and Resale

Wholesale orders may be subject to minimum opening orders, reorder minimums, pack requirements, size assortments, payment terms, production lead times, and other conditions disclosed in our wholesale portal, line sheets, order forms, invoices, or written communications.

You are responsible for reviewing the applicable wholesale terms before submitting an order. By submitting a wholesale order, you agree to the terms presented for that order.

Wholesale products are intended for resale by approved retailers through authorized business channels. You may not misrepresent your relationship with Moshita or state that you have exclusivity, licensing rights, agency authority, or other rights that have not been expressly granted in writing.

We may suspend or terminate wholesale access for inaccurate information, misuse of pricing or account credentials, fraud, chargebacks, unauthorized activity, violation of these Terms, or other legitimate business reasons.

19. Website Content and Intellectual Property

All content on our website, including the Moshita name, logos, original designs, artwork, graphics, photographs, product images, product names, text, website layout, icons, videos, and other materials, is owned by or licensed to Moshita and may be protected by copyright, trademark, trade dress, and other intellectual property laws.

You may not copy, reproduce, modify, distribute, display, publish, sell, resell, exploit, scrape, download, or use our website content or original product designs without our prior written permission except as permitted by applicable law.

20. User Content

You retain ownership of content you create and submit, subject to any rights held by third parties.

If you voluntarily submit, upload, tag, post, or share photos, videos, reviews, comments, testimonials, social media posts, feedback, or other content with Moshita or in a manner intended to identify or feature Moshita or our products, you grant Moshita a non-exclusive, worldwide, royalty-free license to use, reproduce, repost, display, publish, edit, adapt, distribute, and share that content for marketing, advertising, social media, website, email, promotional, and related business purposes, subject to applicable law.

You represent that you own or have permission to share the content, that the content does not violate third-party rights, and that any people shown in the content have provided any permissions reasonably necessary for the intended use.

We reserve the right, but not the obligation, to remove or decline to use user content where permitted by law.

21. Reviews, Testimonials, and Social Media

Reviews, testimonials, tagged content, and social media posts may be used by Moshita for marketing and promotional purposes as described in these Terms and our Privacy Policy.

You agree not to submit fake, deceptive, or misleading reviews or testimonials. If you receive free products, discounts, payment, or other benefits in connection with content or a review, you must clearly disclose that relationship when required by law or platform rules.

Moshita will not condition compensation, discounts, free products, or other incentives on a review expressing a particular positive or negative sentiment.

We do not prohibit or suppress legitimate reviews solely because they express a negative opinion. We may moderate or remove content that is fake, fraudulent, unlawful, abusive, irrelevant, contains confidential information, violates third-party rights, or otherwise violates applicable rules or law.

22. NIL, Athlete Names, and Likeness

Unless expressly authorized, Moshita does not claim affiliation with or endorsement by any student-athlete, professional athlete, coach, team, school, or sports organization.

You may not submit or request designs, content, or custom products that use an athlete’s name, image, likeness, signature, catchphrase, or other protected identifying features without proper authorization.

Moshita reserves the right to refuse or cancel any order, design, or content request that we reasonably believe may violate name, image, likeness, publicity, trademark, copyright, or other third-party rights.

23. Custom or Requested Designs

If we offer customized, personalized, or requested designs, you are responsible for ensuring that any names, phrases, artwork, logos, images, or materials you provide do not violate the rights of any third party.

We may refuse, cancel, or modify a custom design request that we reasonably believe may infringe or violate intellectual property, publicity, privacy, or other rights.

To the fullest extent permitted by law, you agree to indemnify and hold Moshita harmless from third-party claims arising from materials, artwork, names, logos, phrases, or instructions you provide to us for a custom or requested design.

24. Prohibited Uses

You agree not to use our website, products, content, accounts, or services for any unlawful, harmful, fraudulent, abusive, or unauthorized purpose.

• Violating any applicable law or regulation
• Infringing any intellectual property, privacy, publicity, or other rights
• Attempting to gain unauthorized access to our systems, accounts, or data
• Interfering with website security or functionality
• Uploading malware, viruses, or harmful code
• Scraping, copying, harvesting, or extracting website data without permission except where legally permitted
• Using our original content or designs for unauthorized resale, reproduction, or commercial exploitation
• Submitting false, misleading, fraudulent, or inaccurate information
• Using wholesale access, pricing, credentials, or documentation without authorization
• Misrepresenting an affiliation, license, territory, endorsement, agency, or other relationship with Moshita
• Harassing, abusing, threatening, or harming others

We reserve the right to restrict, suspend, or terminate access to our website or services for violations of these Terms where permitted by law.

25. Third-Party Links and Services

Our website may include links to third-party websites, apps, payment processors, shipping carriers, social media platforms, marketplaces, or other services.

We are not responsible for the content, practices, policies, security, or actions of third parties. Your use of third-party services is subject to their own terms and privacy policies.

26. Privacy

Your use of our website and services is also subject to our Privacy Policy, which explains how we collect, use, share, and protect personal information.

By using our website or services, you acknowledge that you have had an opportunity to review our Privacy Policy.

27. Account Security

If you create an account, you are responsible for maintaining the confidentiality of your login information and for activity conducted through your account to the extent permitted by law.

You agree to notify us promptly if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are fraudulent, abusive, compromised, or in violation of these Terms.

28. Disclaimer of Warranties

Our website and services are provided “as is” and “as available” unless otherwise stated or required by law.

To the fullest extent permitted by law, Moshita disclaims warranties that may lawfully be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.

We do not guarantee that our website will always be available, secure, accurate, complete, current, or free of viruses or harmful components.

Nothing in these Terms excludes or limits warranties, remedies, or consumer rights that cannot lawfully be excluded or limited.

29. Limitation of Liability

To the fullest extent permitted by law, Moshita and its owners, employees, contractors, affiliates, partners, and service providers will not be liable for indirect, incidental, special, consequential, punitive, exemplary, or lost-profit damages arising from or related to your use of our website, products, or services.

To the fullest extent permitted by law, our total liability for a claim arising from a particular purchase will not exceed the amount paid to Moshita for the product or service giving rise to that claim.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some or all of this section may not apply to you. Nothing in these Terms limits liability that cannot lawfully be limited.

30. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Moshita, its owners, officers, employees, contractors, affiliates, partners, and service providers from third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:

• Your unlawful or unauthorized use of our website or services
• Your material violation of these Terms
• Your violation of applicable law or regulation
• Your infringement or violation of third-party rights
• Content or materials you submit to us
• Custom design requests or instructions you provide
• Your misuse of our products, wholesale account, or services

31. Force Majeure

To the extent permitted by law, Moshita will not be responsible for delay or failure to perform caused by circumstances beyond our reasonable control, including severe weather, natural disasters, fires, floods, transportation disruptions, carrier failures, port or customs delays, strikes, labor disputes, supply-chain disruptions, factory interruptions, shortages, utility or communications failures, cyber incidents affecting third-party providers, government actions, public health emergencies, war, civil unrest, or similar events.

This section does not limit any cancellation, refund, delivery, or other rights that cannot lawfully be waived.

32. Termination

We may suspend or terminate your access to our website, account, wholesale account, or services if we reasonably believe you violated these Terms, engaged in fraud or abuse, created legal or security risk, or harmed Moshita or others.

Sections that by their nature should survive termination will continue to apply, including intellectual property, user-content licenses already granted for previously submitted content where lawful, disclaimers, limitation of liability, indemnification, governing law, and other provisions intended to survive.

33. Changes to These Terms

We may update these Terms from time to time to reflect changes in our products, services, business practices, or legal requirements. The updated version will be posted on this page with a revised “Last Updated” date.

Changes will apply prospectively from the effective date unless otherwise stated. Where applicable law requires additional notice or consent for a material change, we will provide it.

34. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Subject to any rights or venue rules that cannot lawfully be waived, disputes arising from or relating to these Terms, our website, or our services will be brought in an appropriate state or federal court located in New Jersey.

35. Severability and No Waiver

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

Our failure to enforce any provision of these Terms on one occasion does not waive our right to enforce that provision or any other provision later.

36. Entire Agreement and Additional Terms

These Terms, together with our Privacy Policy, Shipping & Returns policy, and any additional terms presented for a specific product, promotion, wholesale account, preorder, invoice, order form, or transaction, constitute the agreement governing your use of the applicable Moshita website features, products, and services.

If additional terms expressly applicable to a specific transaction conflict with these general Terms, the more specific terms will control for that transaction to the extent of the conflict, subject to applicable law.