TERMS OF SALE - ONLINE
Last updated: February 2, 2023
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THIS MOEN WEBSITE.
IF AFTER READING THIS PAGE, IF YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF SALE OR OUR OTHER SITE POLICIES FOR ANY REASON, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE BY ACCESSING, USING AND/OR PURCHASING PRODUCT ON THIS WEBSITE OR ANY OTHER MOEN WEBSITES, YOU ARE AGREEING, ON BEHALF OF YOURSELF, THE MEMBERS OF YOUR HOUSEHOLD AND ALL OTHERS WHO USE OUR WEBSITES UNDER YOUR ACCOUNT, TO THESE TERMS AND OUR SITE POLICIES.
A few things to note at the outset:
- CANADIAN PURCHASES. Purchases for delivery in Canada can only be made through the Moen.ca and plus.Moen.ca websites. In addition to the legal terms listed here, some additional terms may apply for Canadian purchases which are in addition to (and in some cases different from) the terms for US purchases.
- MOEN PLUS & MOEN B2B CONNECT – SUPPLEMENTAL TERMS. See the Supplemental Terms section below for additional terms which only apply to purchases through our Moen Plus websites and for additional terms which only apply to purchases through our business to business (B2B) website.
BINDING CONTRACT & REVISIONS
These Terms of Sale create a legally binding agreement between you and Moen and its affiliates (which we may refer to as “Moen,” “we,” “us,” or “our”) regarding orders placed for products available on the Moen Websites. Moen may revise these Terms of Sale without notice by posting revised Terms of Sale on its Websites. The Terms of Sale posted on the Moen Website at the time you place your order on the Website will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order.
BY PLACING AN ORDER ON OUR WEBSITES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU ALSO AGREE THAT YOU WILL NOT CAUSE, INDUCE OR PERMIT OTHERS' NONCOMPLIANCE WITH THESE TERMS AND CONDITIONS. IF YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
REQUIREMENTS TO PLACE ORDERS ON OUR WEBSITES
To place an order on any of our Websites, you must be of legal age in your country. You may need to create an account(s) to purchase from our Websites. Instructions for how to set up an account is provided on the corresponding Moen Website (where applicable). It is important that the information associated with your account is accurate and up-to-date (particularly your email address since if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in). If Moen creates an account on your behalf, you are responsible for ensuring the information Moen has associated with your account is up-to-date and accurate. You are responsible for maintaining the confidentiality and security of your account and for any and all actions that take place while using your account. You must notify the applicable Support Team (see details below) right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.
We further reserve the right to restrict access to, suspend or terminate your account for any reason at our sole discretion.
We are committed to ensuring your online purchasing experience with Moen is as convenient as possible. Our dedicated Support Teams are here to help:
- MOEN.COM, MOEN.CA, MOEN PLUS and MOEN PLUS CANADA – For consumers requiring support for these Moen Websites, please contact Consumer Support at 1-800-289-6636.
- MOEN B2B CONNECT- For business customers requiring support for orders placed on Moen B2B Connect, please contact our Business Account Support team at 888-450-5829.
We attempt to be as accurate as possible in describing and portraying our products on our Websites. However, we do not warrant that the product descriptions or other content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on the Moen Websites is not as described, your sole remedy is to return it to us. Please see the applicable Return Policy on the Moen Website from which you placed your order or contact the appropriate Support Team as outlined in the Order Support section of these Terms of Sale.
NOT ALL PRODUCTS AVAILABLE FOR ONLINE PURCHASE
Not all products shown on the Moen Websites are available for purchase online. If an item is not available for online purchase, it will be flagged at Checkout. Supplies of products available for online sale may be limited. If products are out of stock, they will be marked as such on the Websites.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform.
When you submit an order, we will send you an email acknowledging receipt of your order. If you have not received confirmation of receipt of your order within 24 hours after you’ve placed your order, please contact the applicable Support Team. Please allow 10 business days to process your order. Our acceptance of your order takes place when we send you an email confirming that the Products have been shipped (“Order Confirmation”). If you have not received confirmation of shipment of your order after 10 business days, please contact our Support Team. Once the Products are shipped these Terms of Sale, come into existence as a contract which is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing via email and will not process the order.
OUR RIGHT TO CHECK AND REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Moen Websites are subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- the product or components for the product are not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received within 10 calendar days after receipt of your order;
- we believe you are under the legal age in your country;
- we believe that you are violating specific terms of our Websites;
- there was an error in the Product information, price or other errors in the information displayed on the applicable Moen Website;
- we are unable to deliver to the address provided by you; or
- due to an Event Outside Our Control (see below);
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We reserve the right to run checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Moen Websites will be investigated and if necessary prosecuted.
In the event of a cancellation due to lack of product availability, error or some other issue for which we are responsible, we will issue a refund to you.
SHIPPING & DELIVERY
Please allow up to 10 full business days to process your order. The shipping time frame you select at check-out begins after your order is processed and is an estimate only. High demand may result in shipping delays. If delivery is delayed by an Event Beyond Our Control, we will take steps to minimize the delay, but we will not be liable for delays caused by the event.
We do not ship on certain public holidays. Shipping available within U.S. and U.S. territories only (with the exception of purchases through Moen.ca and plus.moen.ca which only ship within Canada, excluding the Yukon Territory, Northwest Territories, Nunavut, and Baffin Island). We do not ship to post office boxes. Other restrictions may apply.
Where possible, we try to deliver all items which you have ordered at the same time. However, we reserve the right to split the delivery of your order where we deem beneficial (e.g., if part of your order is delayed or unavailable). In the event that we split your order, we will notify you of such. Please see Supplemental Terms below for applicable shipping charges related to split orders.
Orders Placed on Moen B2B Connect Only - Exact shipping rates may depend on the selected place of delivery and whether the shipment is split for delivery.
TITLE TRANSFER & RISK OF LOSS
The risk of loss for products purchased on any Moen Website passes to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Title to product(s) will not transfer until full payment has been received.
We may require credit cards and debit cards to be issued by an institution in the jurisdiction in which you are located, and those forms of payment must be linked to a billing address in the same jurisdiction. You must ensure that the billing address on file with the credit or debit card-issuing bank is the same billing address you enter when ordering. By providing your credit card information to us, you authorize us to store and use the card as payment method for purchases made through the Moen Websites. We do not accept personal checks, money orders or cash payments or payments from online platforms unless specifically listed on the Moen Website from which you order. In the event of suspicious or suspected fraudulent activity associated with your form of payment, please contact your credit card or payment platform company first in attempt to resolve the issue.
Except with respect to pre-ordered products, if you pay by credit/debit card or any approved online payment platform, we will deduct the amount due from your account as soon as your order leaves our warehouse. Payments can only be processed if the billing information can be verified.
Bulk Orders Placed on Moen B2B Connect Only - If you pay by bank transfer, we will start delivery after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled.
PRICES & PRICE CHANGES
Posted prices may change from time to time (including while items remain in cart). A price is not fixed until an order is placed and You receive an Order Confirmation from Moen. Additionally, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. If paying by credit card, the total amount for your entire order will be reflected on your statement.
From time to time, Moen may offer special promotions where a code is issued to receive a discount or other benefit when making purchases on one or more Moen Websites. PROMOTIONAL CODES ARE PERSONAL TO YOU AND ARE MADE SUBJECT TO ALL TERMS AND RESTRICTIONS STATED IN THE SPECIFIC PROMOTION INCLUDING ANY STATED EXPIRATION DATES. PROMOTIONAL CODES MAY NOT BE TRANSFERRED OR SHARED. ADDITIONALLY, ITEMS PURCHASED USING A PROMOTIONAL CODE ARE FOR YOUR PERSONAL USE AND SUCH ITEMS ARE NOT PERMITTED TO BE ADVERTISED FOR RESALE ON ANY THIRD-PARTY WEBSITE OR DIGITAL PLATFORM. MOEN RESERVES ALL INTELLECTUAL PROPERTY RIGHTS EXPRESSLY RELATIVE TO ANY ATTEMPT TO RESELL MOEN ITEMS.
Additionally, unless expressly stated by Moen in writing in the applicable promotion, all promotional codes:
(i) are one time use only,
(ii) may not be combined with other offers,
(iii) apply to the purchase price of the relevant Moen product or service and do not apply to any applicable taxes, shipping, handling or other fees, and
(iv) may not be used for items on the Moen B2B Connect website.
INSPECTION UPON DELIVERY & ACCEPTANCE
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. Unless otherwise agreed in writing all shipments (including the contents of packaged Products, the packages themselves and the number of packages) shall be deemed correct and undamaged unless at the time of delivery you inform Moen of such shortfall or error in writing detailing the specifics of the issue within fourteen (14) days after the original delivery date of the shipment. Failure to inform Moen in this way shall constitute a waiver of any such claim.
For details on how and where to return purchased Moen products and the rules regarding same, please see the Return Policy stated on the specific Moen Website where Your order was placed. Unless expressly stated otherwise in the applicable Return Policy, merchandise must be in a saleable, unused condition and in its original packaging - including packing slip.
CANCELLING ORDER BEFORE SHIPMENT
Orders cannot be cancelled once shipped. If you wish to cancel your order, first check the status of your order by visiting the "Order status" link at the top right of the Website or contact the applicable Support Team to determine if cancellation is possible. If cancellation is not possible, the product(s) will be delivered to You. See the Return Policy on the applicable Moen Website where You purchased product for terms governing the return of products after delivery.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
Unless expressly stated otherwise in writing in the Return Policy for the applicable Moen Website, You are entitled to return products delivered to You within thirty (30) days ONLY in the event that they are defective or otherwise not in conformity with Your order when You received them. This does not affect Your statutory rights. In the event Your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the Return Policy on the Website where your order was placed.
Refunds will be issued based on the original form of payment with the exception of orders placed on Moen B2B Connect.
Bulk Orders Placed on Moen B2B Connect Only - You need to give Your information to the Business Account Support Team when You initiate the return so that we can issue a credit memo for the refund. Refunds will only be given in the form of a credit memo.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Our Websites are provided by Moen on an "as is" and "as available" basis and You agree that your use of our Websites is at your sole risk. Moen makes no representations or warranties of any kind, express or implied, as to the operation of this site or any other Moen Website, nor as to the information, content, materials, or products included on the Moen Websites (other than as expressly provided in a specific product warranty). To the full extent permissible by applicable law, Moen disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Moen does not warrant that its Websites, its servers, or e-mail sent from Moen are free of viruses or other harmful components.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE
EXCEPT IN THE EVENT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE MOEN WEBSITES
As between You and Moen, Moen (either directly or through its affiliates) is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on the Moen Websites and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, know-how and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights. Moen copyrighted images and similar intellectual property may not be used in connection with the resale of any Moen products or services without Moen’s express consent.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a) We will do our best to contact you as soon as reasonably possible to notify you; and
b) Our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the full duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our ability to produce, package or deliver a product to a courier for shipment to You , we will either (at Moen’s discretion) arrange a new delivery date with you after the Event Outside Our Control is over or cancel the order and issue You a full refund.
OTHER IMPORTANT TERMS
Governing Law. This Contract will, in all respect, be governed by and interpreted under the laws of the State of Ohio, USA and the parties submit to the exclusive jurisdiction of the courts of Ohio. Notwithstanding the foregoing, We reserve the right at our sole discretion to institute proceedings in the courts having jurisdiction in the place where You are located or in any jurisdiction where a harm to Moen is occurring.
Transfer of Rights. We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person if We agree in writing in advance.
Independent Provisions. Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
BINDING ARBITRATION NO CLASS ACTION - The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules") including, if appropriate, the Procedures for Large, Complex Commercial Disputes and the Supplementary Rules for Class Arbitrations.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
No Waiver of Rights. If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Supplemental Terms apply to specific Moen Websites as indicated below. These terms are in addition to the above Terms of Sale. In the event of a conflict with the Terms of Sale, these specific Supplemental Terms modify the Terms of Sale and govern but only relative to transactions on the applicable Moen Website.
I. MOEN PLUS
REQUIREMENTS FOR PURCHASING ON MOEN PLUS
Moen Plus is a special promotional loyalty program for consumers - not resellers. The Moen Plus and Moen Plus Canada Websites (collectively the “Moen Plus Websites”) are only accessible via Moen-provided Owner Access Codes and are intended solely to enable Moen to advertise and sell certain Moen products direct to end consumers, and therefore third-party advertising of such products for resale utilizing Moen Intellectual Property is strictly prohibited as well as facilitating such activities.
“Advertising for resale” refers to the advertising of Moen Plus products by someone who resells, or intends to resell, those products to others (consumers, businesses or any third party). If Moen believes You are advertising or facilitating such advertising or other unauthorized activities, Moen reserves the right, in its sole discretion, to take appropriate action to protect its rights, including, without limitation, restricting sales to You, cancelling Your orders, and/or suspending or closing Your account.
USE OF OWNER ACCESS CODES
To access the Moen Plus Websites, You will need a Moen Plus Owner Access Code. The Owner Access Code will be sent to the email associated with Your Moen Plus account and will provide details on the terms governing the use of Your Owner Access Code including the expiration date of the code. You agree to maintain the security of Your Owner Account Code and accept responsibility for all activities that occur under Your account and code.
Among other restrictions, please note that Owner Access Codes are:
(i) only for use on the Moen Plus Websites,
(ii) for one-time use only and will automatically expire on the stated expiration date,
(iii) may be shared with a family member or friend for personal use but may not be used for business or commercial use and may not be posted on any third-party website, blog or otherwise promoted,
(iv) are not redeemable for cash value or gift cards, and
(v) cannot be used to make price adjustments on previous purchases.
Shipping charges do not apply to orders placed on the Moen Plus Websites. Products purchased on the Moen Plus Websites can only be shipped to a single U.S., U.S. territory or Canadian address only. Prices and selection may vary. Other restrictions may apply.
NO COMBINED PROMOTIONS
Discounts are already applied to prices on the Moen Plus Websites and therefore no other discounts may be combined unless expressly stated otherwise in writing in a Moen promotion.
If You are purchasing a product on a subscription basis on the Moen Plus Websites, then these additional terms apply. Your subscription is an automatic recurring subscription that is created on the day and interval that you select. Your subscription will remain in effect until it is cancelled. You can cancel your subscription any time by visiting the Subscription Orders page which can be found on the Moen Plus Websites under your account. Once Your request for cancellation is received, Your subscription will be cancelled within 24 hours. You will not be charged for any further orders except if your next scheduled order is in process (i.e., your cancellation request is received within 24 hours of your next scheduled order).
Subscription prices are subject to change at any time and reflect the price on the day the order is processed additional sales tax charges may apply. A payment is “processed” when the current order is shipped and billed to the payment method used to create your subscription. If We are unable to process Your payment for a subscription order due to a failed payment attempt, Your order subscription will be cancelled, and You will be notified via email that the order was not placed. If You use a promotional code relative to an eligible Subscription Product, please note that it will only apply during the effective dates of the promotion, not on all future orders.
ADDITIONAL MOEN PLUS BENEFITS
As a Moen Plus user, certain additional benefits apply to You.
- 100 Day Moen Plus Guarantee – Moen Plus members are entitled to special return privileges. Details can be found on the Moen Plus Websites. The Moen Plus 100-Day Guarantee is only applicable to purchases made directly on the Moen Plus Websites.
- Free Replacement Cartridges for Life – Where a valid Moen Plus member can demonstrate to Moen Customer Service, in their sole determination, that (i) he/she purchased a particular cartridge on the Moen Plus Websites, and (ii) that same cartridge is now damaged or otherwise is not working properly, then the member will be entitled to a free replacement cartridge. This benefit is personal to the member and the benefit may not be sold, shared or transferred. Replacement cartridges are for the personal use of the qualifying member and may not be advertised for resale or used for other purposes. Any attempt to do so will automatically void all warranties on the cartridge and Moen reserves the right, in its sole discretion, to take appropriate action to protect its rights against the violating member, including, without limitation, to refuse any service to the member, restricting sales to the member, cancelling member’s orders, and/or suspending or closing member’s Moen Plus account. Only applies to traditional mechanical faucets and does not apply to MotionSense faucets or any other smart/connected faucet.
II. MOEN B2B CONNECT
ORDER ACCEPTANCE AND CANCELLATION
You represent and warrant that You have authority to bind your company. You agree that Your order is an offer from Your company to buy, under these Terms of Sale, all products and services listed in Your order. All orders must be accepted by us or we will not be obligated to sell the products or services to You. We may choose not to accept orders at Our sole discretion.
Terms of payment and approved methods of payment are as negotiated with us in writing for your specific company account. Relative to credit card payments, You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) to your knowledge, charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred to your account at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SALES & ADVERTISING POLICY
To enjoy the full benefits of being a reseller of MOEN® products, you must comply with Moen’s Sales & Advertising Policy [here] which establishes our minimum criteria for sales, advertising and customer service practices for all active MOEN products (including IMAP products designated by Moen from time to time).
If you intend to resell products purchased from this Platform online, please be aware that you must be an Authorized Moen -E-Tailer. Inquiries can be directed to PolicyAdmin@moen.com.