Legal - Terms of Sale
Last Updated: 20 October 2026
These Terms of Sale govern purchases from Moose Toys LLC (“Company,” “we,” “us,” or “our”) through www.moosemakes.com (the “Site”).
These Terms supplement our Terms of Service. Our Terms of Service also applies to your Site use and is incorporated here by reference. If these Terms conflict with the Terms of Service concerning a purchase, these Terms control.
Our Privacy Policy explains how we collect, use, and disclose personal information. It is incorporated by reference only where applicable law permits.
1. Eligibility
You must be at least 18 years old to place an order.
By placing an order, you represent that:
- you are at least 18 years old;
- you have legal capacity to enter into a binding contract;
- the information you provide is complete and accurate; and
- you are authorized to use the payment method submitted.
We may cancel an account or order if we reasonably believe these requirements are not satisfied.
2. Products and Drops
We sell collectible toys and related merchandise. Some products are offered through limited releases or “Drops.”
Drop quantities may be limited. Placing an item in a cart does not reserve it. An item may become unavailable before checkout is completed.
We do not guarantee that any person will receive access to a Drop or successfully complete a purchase. We may use queues, purchase limits, identity checks, or other measures to manage demand.
Any displayed inventory count, edition size, or availability statement reflects information available when displayed. Availability may change because of simultaneous orders, cancellations, fraud screening, or inventory reconciliation.
Our products are collectibles. We make no representation about future rarity, resale value, investment value, grading, or appreciation.
3. Purchase Limits and Prohibited Conduct
We may impose purchase limits by person, account, household, payment method, address, device, or other reasonable criteria.
You may not:
- use bots, scripts, automated purchasing tools, or circumvention methods;
- evade a queue, purchase limit, or access restriction;
- use false identities, multiple accounts, or manipulated addresses;
- interfere with the Site or another customer’s purchase;
- submit fraudulent orders or unauthorized payment information; or
- purchase products for unlawful resale or export.
We may reject or cancel orders associated with prohibited conduct. We may also suspend related accounts, subject to applicable law.
4. Product Information
We try to describe and display products accurately. Colors and appearance may vary because of displays, lighting, photography, manufacturing variations, or packaging changes.
Minor variations in paint, materials, color, texture, packaging, or dimensions may occur. Such variations do not necessarily constitute a defect.
Product packaging, warnings, age recommendations, and instructions form part of the product information. You must follow all safety warnings and instructions.
If a material product description or price is incorrect, we may cancel the order and refund the amount charged. We will request your approval before fulfilling an order on materially different terms.
5. Prices, Taxes, and Fees
Prices appear in U.S. dollars unless stated otherwise.
Before you place an order, checkout will display:
- the product price;
- shipping and handling charges;
- estimated or final applicable taxes;
- any other mandatory charges; and
- the order total.
You are responsible for taxes and charges imposed on your purchase unless applicable law requires us to collect them.
Promotions cannot be combined unless expressly stated. Promotions may contain separate eligibility requirements and expiration dates.
6. Orders and Acceptance
Your order constitutes an offer to purchase the identified products under these Terms.
An automated order acknowledgment confirms receipt. It does not constitute acceptance.
We accept an order when we send a shipment confirmation or otherwise expressly confirm acceptance. We may reject or cancel an order before acceptance.
Reasons may include:
lack of inventory;
violation of purchase limits;
suspected fraud or unauthorized payment;
pricing or product-information errors;
shipping restrictions;
automated purchasing activity; or
inability to verify required information.
If we cancel an order after charging your payment method, we will issue the required refund.
7. Payment
You must provide a valid credit card accepted by the Site.
You authorize us and our payment processors to charge the displayed order total. You also authorize reasonable verification and fraud-prevention checks.
A payment authorization may temporarily reduce available credit before an order is accepted. Your card issuer controls when an authorization hold is released.
You remain responsible for valid charges. Nothing in these Terms limits rights available under applicable billing-error or credit-card laws.
8. Shipping
We ship only to addresses within the contiguous United States (excluding Alaska and Hawaii).
The product page or checkout will provide an estimated shipment or delivery period. Delivery dates are estimates unless we expressly guarantee a date.
We will have a reasonable basis for any stated shipment period. If no period is stated, we will ship within the period required by applicable law.
If we cannot ship on time, we may request consent to a revised shipment date. You may cancel and receive a refund when required by law.
We may divide an order into multiple shipments. We will not charge additional shipping fees without disclosure and authorization.
9. Delivery, Title, and Risk of Loss
Title and risk of loss transfer as provided by applicable law.
You are responsible for providing an accurate and secure delivery address. You must promptly report packages shown as delivered but not received.
We may require a signature, delivery confirmation, or identity verification for certain orders.
10. Returns, Exchanges, and Final-Sale Products
Our return policy is as follows:
We do not accept returns for change of mind. All sales are final. We will provide a refund for items that arrive damaged.
Products identified as “Final Sale” cannot be returned or exchanged except where:
the product arrives damaged, defective, or materially different from the order;
we authorize the return; or
applicable law requires a remedy.
A Final Sale designation will appear on the product page and during checkout before purchase.
To report a damaged, defective, or incorrect product, contact collect@moosemakes.com within 3 days after delivery. Include the order number and reasonably requested photographs.
We may require a return before issuing a refund or replacement. We will not require return shipment where prohibited by law.
Because our products are collectibles, we understand that packaging condition may matter to you. Significant packaging damage caused during shipping (such as a crushed, torn, or waterlogged box) may be reported under the process described above and may qualify for a replacement or refund at our discretion. Minor scuffing, shelf wear, slight creasing, or other cosmetic blemishes to outer packaging that do not affect the product inside do not constitute damage, a defect, or a material difference from the order for purposes of this Section.
Approved refunds will be issued to the original payment method. Processing times may depend on the card issuer.
11. Cancellations
Orders for limited Drops enter processing quickly. You may not be able to cancel or change an order after submission.
If cancellation is available, instructions will appear in your account or order confirmation. This restriction does not limit cancellation rights required by law.
12. Authenticity and Resale
Products sold directly by us are authentic products sourced or manufactured through our authorized channels.
We do not authenticate products purchased from third parties. We are not responsible for third-party marketplaces, resellers, grading services, or resale transactions.
Any resale is at your risk. You are responsible for complying with laws, platform rules, taxes, and disclosure duties applicable to resale.
13. Promotions and Giveaways
Promotions may have separate rules. If promotion rules conflict with these Terms, the promotion rules control for that promotion.
No purchase is necessary for a sweepstakes unless applicable official rules lawfully provide otherwise.
14. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
THIS DISCLAIMER DOES NOT LIMIT WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED. ANY EXPRESS MANUFACTURER WARRANTY WILL BE PROVIDED WITH THE PRODUCT OR PRODUCT LISTING.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
THIS EXCLUSION INCLUDES LOST PROFITS, LOST RESALE OPPORTUNITIES, LOSS OF COLLECTIBLE VALUE, AND LOSS OF DATA.
OUR AGGREGATE LIABILITY ARISING FROM A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT PAID FOR THAT PRODUCT OR ORDER.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
16. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO A JURY TRIAL AND PARTICIPATION IN A CLASS ACTION.
16.1 Informal Resolution
Before starting arbitration, either party must send written notice describing the dispute and requested relief.
Notices to us must be sent to Moose Toys LLC at 737 Campus Square West, El Segundo 90245 and collect@moosemakes.com. We will send notices to the email or address associated with your order.
The parties will attempt in good faith to resolve the dispute for 30 days after receipt.
16.2 Individual Arbitration
Except for matters eligible for small-claims court and claims or remedies that applicable law requires a court to decide, each Dispute will be resolved exclusively through final and binding individual arbitration.
“Dispute” means any dispute, claim, or controversy arising from or relating to these Terms, a purchase, product, order, payment, cancellation, delivery, return, refund, or communication concerning a purchase.
The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules and Mediation Procedures then in effect, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
The arbitration will be conducted by one neutral arbitrator. The proceeding may occur remotely or in the county where you reside, unless the parties agree otherwise.
The arbitrator may award any remedy available to the individual claimant under applicable law. This includes public injunctive relief if applicable law permits the arbitrator to award that relief.
If applicable law requires a court to decide a claim for public injunctive relief, that claim will be severed. Unless prohibited by law, it will be stayed pending arbitration of the remaining Disputes.
If AAA is unavailable or declines to administer the arbitration, the parties will select another provider. If they cannot agree, a court may appoint an arbitrator under the Federal Arbitration Act.
16.3 Class-Action Waiver
To the fullest extent permitted by law, each party may bring a Dispute only in its individual capacity.
Neither party may bring, maintain, or participate in a class, collective, or representative action concerning a Dispute. Neither party may seek relief for or on behalf of anyone other than that party.
The arbitrator may not combine the claims of different persons or conduct any class, collective, or representative proceeding. Class arbitration is prohibited unless the parties expressly agree to it after the Dispute arises.
A court, rather than the arbitrator, will decide any challenge to the validity or enforceability of this Class-Action Waiver.
If a court finally determines that this waiver is unenforceable for a particular claim or remedy, only that claim or remedy may proceed in court. The remaining Disputes will remain subject to individual arbitration.
This waiver applies in arbitration and in any permitted court proceeding. It survives termination of these Terms and any determination that Section 16.2 is unenforceable, to the fullest extent permitted by law.
16.4 Small Claims
Either party may bring an eligible individual Dispute in small-claims court.
The action must remain individual and within the court’s jurisdiction. Either party may elect small claims before the arbitrator is appointed.
If the action is transferred or appealed to a court of general jurisdiction, either party may elect arbitration under Section 16.2.
16.5 Opt-Out Right
You may opt out of Sections 16.2 and 16.3 within 30 calendar days after first accepting a version of these Terms containing those provisions.
Send notice to DPO@Moosetoys.com. The notice must include your name, account email, mailing address, and a clear statement that you are opting out.
An emailed notice may use your typed name as your signature. A mailed notice is timely if postmarked within the 30-day period.
Opting out does not affect your purchase or the remaining Terms.
17. Governing Law
The laws of California govern these Terms, without regard to conflicts-of-law principles.
This choice does not deprive you of mandatory consumer protections applicable in your state of residence.
Court proceedings not subject to arbitration must be filed in Los Angeles, California unless applicable law requires another forum.
18. Changes
The Terms in effect when you place an order govern that order.
We may revise these Terms for future orders. Changes will not retroactively alter an accepted order unless you agree or applicable law permits the change.
19. Severability
If any provision is unenforceable, it will be enforced to the maximum lawful extent. The remaining provisions remain effective.
20. Contact
Moose Toys LLC, 737 Campus Square West El Segundo, CA 90245 collect@moosemakes.com
