Terms and Conditions

1. Warning for products containing foam beads

The inner filling, which is mostly comprised of expanded polystyrene, can cause suffocation to young children. Only open zipper to add or remove filling. Then immediately close the zipper fully. If the product becomes damaged, please discontinue use. If you would like to continue using Moon Pod products, obtain authentic Moon Pod replacement parts as necessary.

The inner bead filling, comprised of expanded polystyrene is flammable. Moon Pod products and should not be opened or used near any fireplaces, stoves or any other types of surfaces or places that could be considered dangerous near flammable materials. 

2. Warning

Children should be supervised when on or near Moon Pod products, and should not be allowed to open any zippers. The inner filling, comprised of expanded polystyrene beads in the internal bags are hazardous and can cause suffocation. Only adults should be allowed to open internal bag zippers for re-filling Moon Pod products.

3. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances will Galaxy Relaxation, or any person or entity associated with Galaxy Relaxation, be liable for any losses, expenses or damages whatsoever, whether in contract, tort (including without limitation, negligence) or otherwise, including without limitation reasonable attorney fees (“Damages”) from the use of, inability to use, or reliance on, or any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction or unauthorized access to, or alteration of, by Galaxy Relaxation Products or the Galaxy Relaxation Website (www.moonpod.co), including without limitation, any liability for damages to your computer hardware, data, information or business and any liability for special or consequential damages, even if Galaxy Relaxation or an Galaxy Relaxation authorized representative has been advised of the possibility of such damages.

In no event will Galaxy Relaxation's total liability to you for Damages exceed the amount you paid, if any, for accessing the Galaxy Relaxation Website. If you live in a state that does not allow the limitation or exclusion of liability or damages, the above limitation or exclusion may not apply to you. All claims and representations presented in the Galaxy Relaxation Website are intended to be forward-looking and are qualified by important factors.

Galaxy Relaxation LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PRODUCTS OR HEALTH CLAIMS FROM USE AS ADVERTISED ON THIS SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

4. Shipping Charges and Taxes

We currently ship to all 50 USA states. You can place an order any of those locations as the shipping address or call our customer service phone number for more information.

Unfortunately, we cannot currently ship to PO Boxes or APOs.
Charges for shipping and taxes if any will be shown on Galaxy Relaxation emailed invoice(s) and should be shown on the shopping cart. These emails will also state the expected delivery date.

Unless described on the product page your order should arrive no later than within 10 business days in the USA. The Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Galaxy Relaxation's invoice.

5. Warranties and Defective Merchandise

There is a (1) one-year warranty on the seams and zippers of each Moon Pod cover. With normal use and care, Moon Pod products should last for years. Should you need replacement beads, they are available online at our website. If you feel you have a warranty claim, please contact cx@moonpod.co with an image of the defect. 

6. Refunds and Returns Policy

All returns should be made within 14 days from the day of delivery. There will be no returns after 14 days from the day of delivery. You must obtain an RMA number in order for us to credit your account.

ALL RETURNS MUST BE PROPERLY AND SAFELY PACKED TO ENSURE PRODUCTS WILL ARRIVE INTACT. IMPROPERLY PACKAGED RETURNS MAY CAUSE DAMAGE TO THE PRODUCTS AND WE MAY NOT BE ABLE TO FULLY REFUND YOUR PURCHASE IN SOME CASES. ITEM MUST BE UNOPENED AND IN NEW CONDITION.

You will be responsible for the return shipping costs. Refund amount will be the original product. In some cases the Shipping Charges are not published in the website as they are included in the price. If your return is authorized, you are responsible for the return shipping costs, a re-stocking fee, and additional fees from products that are damaged or where the original packaging is damaged.

For RMA and return instructions head to: https://www.moonpod.returnly.com. 

Please repackage the products securely in original boxes with all manuals and accessories. Be sure to include inside the package a copy of your sales record and a note describing the problem with the item and the RMA number. RMA should be visible on the outside of the returned package. Failure to return with RMA number and sales record may result in no or a delayed refund. We reserve the right to not accept any returns without authorization, and package will be refused, and you will incur charges by the carrier for the freight in both directions. 

7. Force Majeure

We shall not be liable for any failure to perform any obligation which is due to an event beyond of our control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of obligations entered into, nor which could have been reasonably foreseen. We will make utmost efforts to notify you when such failure happens.

8. General Terms

Moon Pod reserves the right to change these Terms of Use or the Website content and to discontinue Website availability at any time without notice. If any provision of these Terms of Use is determined to be invalid by any court having competent jurisdiction, the other provisions will remain in full force and effect and the invalid provision shall be interpreted to the fullest extent permitted by law. The laws of the State of New York and the federal laws of the United States will exclusively govern these Terms of Use. You agree that the only proper venue for any dispute will be a federal or state court located within the State of New York, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such dispute. THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. Sections 1-8 will survive any termination of these Terms of Use. You agree to hold Moon Pod and its licensors harmless from all losses, expenses and damages, including without limitation reasonable attorneys’ fees, resulting from or relating to any information you provide or your violation of these Terms of Use or the Privacy Statement. These Terms of Use are the sole agreement between you and Moon Pod relating to the subject matter herein.

 

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SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Galaxy Relaxation LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://www.moonpod.co/pages/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Moon Pod and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of  relaxation home goods & furniture. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at cx@moonpod.co. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Moon Pod’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. State Law:

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.