TERMS OF SALE 

Last modified: Wednesday 6 May 2026

1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.  

You may place an order through this Site only if you are at least 18 years old or the age of majority in your state of residence, whichever is older, and have the legal capacity to enter into a binding contract. By placing an order, you represent and warrant that you meet these requirements. If we reasonably believe that you do not meet these requirements, we may refuse or cancel your order.

These terms and conditions (these “Terms” or “Terms of Sale”) apply to the purchase and sale of products through us.motelrocks.com or our Motel Rocks App (collectively, the “Site”). These Terms of Sale are subject to change by Motelrocks, USA, Inc. (referred to as “Company,” “us,” “we,” or “our”) without prior written notice at any time, in our sole discretion. The version of these Terms of Sale in effect at the time you place your order will govern that order. Any changes to the Terms of Sale will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms of Sale before purchasing any product that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms of Sale are an integral part of the website terms of use that apply generally to the use of our Site as more fully set forth at [https://us.motelrocks.com/pages/terms-of-use] (the “Website Terms of Use”). You should also carefully review our Privacy Policy (defined in 9) before placing an order for products through this Site.

You may not order or obtain products from this Site if you do not agree to these Terms, do not satisfy the eligibility requirements set forth above, are prohibited from accessing or using this Site or any of its contents under applicable law, or are not located in the United States.

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

3. Prices and Payment Terms. 

1.  Prices posted on this Site may be different from prices offered by us elsewhere. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. If we discover an error in the price of a product you order, we will notify you of the correct price before shipping the product, and you will have twenty-four (24) hours after we send notice of the corrected price to confirm your order. If you do not confirm your order within that time, your order will be deemed canceled. Notwithstanding the foregoing, posted prices do not include applicable sales taxes or shipping and handling charges, which will be added to your merchandise total at checkout or otherwise disclosed to you before you submit your order. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Sales tax may be calculated based on the shipping address you provide and applicable state and local tax rates at the time of purchase. For orders shipped to states where we are not required to collect sales tax, you may be responsible for reporting and paying applicable use tax to your state taxing authority.

2. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern. 

3. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that: (i) the payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use the payment method for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, together with any applicable sales taxes and shipping and handling charges disclosed to you before you submit your order. 

4. We may offer gift cards, e-gift cards, gift vouchers, store credits, promotional codes, or similar instruments that may be redeemed for eligible purchases through the Site, collectively, “Gift Vouchers.” Gift Vouchers are redeemable only for eligible merchandise offered through the Site, are not legal tender, are not refundable, and may not be redeemed for cash except where required by applicable law. Gift Vouchers may not be used to purchase other Gift Vouchers unless we expressly permit otherwise. Unless otherwise stated at the time of purchase or issuance, Gift Vouchers expire five (5) years from the date of issuance or, for reloadable Gift Vouchers, five (5) years from the date funds were last loaded, except where applicable law requires a longer expiration period, prohibits expiration, or otherwise provides greater rights to the holder. If applicable law does not permit a Gift Voucher to expire, then the Gift Voucher will not expire for so long as such law applies. Any stated expiration date applies only to the extent permitted by applicable law. Gift Vouchers are the responsibility of the holder. We are not responsible for lost, stolen, destroyed, or unauthorized use of Gift Vouchers, except to the extent required by applicable law. We reserve the right to refuse, cancel, or suspend any Gift Voucher if we suspect fraud, mistake, misuse, violation of these Terms of Sale, or other unlawful activity. Additional terms may apply to specific Gift Vouchers and will be disclosed at or before purchase or issuance. To the extent required by applicable law, the terms applicable to any Gift Voucher will be modified or limited so that they comply with the law applicable to the holder.

4. Shipments, Delivery, and Risk of Loss. 

1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process unless otherwise stated at the time you purchase the product. Shipping and handling charges include processing, handling, packing, shipping, and delivery of your order. 

2. Risk of loss passes to you upon delivery of the products to the address you provided at checkout, as confirmed by the carrier’s delivery records. If your tracking information shows your order was delivered but you have not received it, the products are deemed delivered. We will make reasonable efforts to assist you in filing a claim with the carrier, but we are not responsible for packages confirmed as delivered by the carrier to the correct address. 

3. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. Returns and Refunds. 

1. Except for any products designated on the Site as final sale or non-returnable, including all jewelry products, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs so long as such return is made within thirty (30) days of delivery with valid proof of purchase and such products are returned in their original condition and unaltered, including all original packaging, tags, labels, and hygiene strip (i.e., we will not reimburse you for any returned product, or for your cost of shipping the product, if the original tag or hygiene strip is removed, or if any signs of damage, wear, or staining exist, including scents from perfume, cologne, or antiperspirant). If your order is lost in transit and not delivered, please contact us at help@motelrocks.com. If we confirm that the order was not delivered, we will, at your election and subject to applicable law, either replace the order or issue a refund of the purchase price and any shipping charges paid for that order. For the avoidance of doubt, all jewelry sales are final and jewelry products are not eligible for return or refund except where required by applicable law.

2. To return products, you must email our Returns Department at help@motelrocks.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. Unless stated otherwise, you are responsible for all shipping and related charges to return the product to us and you bear the risk of loss during shipment of returned items. We recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery.

3. To the extent a return involves a buy-one-get-one-free promotion (“BOGOF”), in accordance with the provisions of this Section 5, your refund will be equal to the original price of the product returned as reduced by the proportional discounted amount of the BOGOF products.  For example, if you purchase a $30 and $20 product, the BOGOF discount will be a total of $20, and that discount will be spread proportionally across both items. The $30 item will be reduced by $12 to a cost of $18, and the $20 item will be reduced by $8 to a cost of $12, excluding taxes and charges for shipping and handling, etc. 

4. Nothing in this Section affects any rights you may have under applicable consumer protection laws. 

6. Manufacturer's Warranty and Disclaimers. 

1. We do not provide any warranties with respect to the products offered on our Site except that the products will conform to their written description on the Site; provided however, the images of products on our Site are for illustrative purposes only, and we do not warrant or guarantee that the images posted on the Site, as you view them from your device, accurately reflect the colors or appearance of the products. If the products do not conform to their description, your sole remedy is to notify us of such defect within thirty days of delivery, in which case, you may elect to return the products for a full refund, and we will reimburse you any related out of pocket shipping and handling charges. 

2. Except as stated in this section, all products offered on this Site are provided “as is” without any other warranty whatsoever, including, without limitation, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (iii) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. 

3. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you if you reside in certain states, including the following: CA, CT, KS, ME, MD, MA, MN, MS, NH, NY, RI, VT, WA, WV, or D.C. 

4. For consumers residing in New Jersey, the disclaimer of implied warranties in this Section and any limitation of damages in these Terms of Sale apply only to the extent permitted by New Jersey law.  

7. Limitation of Liability. 

1. To the maximum extent permissible by applicable law, in no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, or relating to, and/or in connection with any breach of these terms of sale, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

2. The limitation of liability set forth in this section: (i) only applies to the extent permitted by applicable law; and (ii) does not apply to liability resulting from our gross negligence or willful misconduct, or to claims for personal injury or property damage caused by products purchased through our Site. Nothing in this Section affects, limits, or waives any clearly established legal rights of a consumer under New Jersey law, including the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 to 56:12-18), the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), and the New Jersey Punitive Damages Act (N.J.S.A. 2A:15-5.9 et seq.), including any right to recover actual damages, statutory penalties, or reasonable attorneys’ fees to the extent established by law.

8. Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US. 

9. Privacy. Our Privacy Policy, [https://us.motelrocks.com/pages/privacy-policy] (“Privacy Policy”), governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

11. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey. 

12. Dispute Resolution and Binding Arbitration.

1. You and Motelrocks, USA, Inc. are agreeing to give up any rights to litigate claims in a court or before a jury (including the right to a judge or jury trial), or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products through the site, will be resolved exclusively and finally by binding arbitration. 

2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this 12. The AAA Rules are available from the AAA. The Federal Arbitration Act will govern the interpretation and enforcement of this section. 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. We will pay all AAA filing fees and arbitration costs for any claim you bring that does not exceed $10,000, unless the arbitrator determines your claim is frivolous. For claims exceeding $10,000, AAA fee allocation will be governed by the AAA Consumer Arbitration Rules.

3. You agree to an arbitration on an individual basis. In any dispute, neither you nor Motelrocks, USA, Inc. will be entitled to join or consolidate claims by or against other customers in court or arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If the class action waiver is found to be unenforceable by a court of competent jurisdiction, then the entirety of this arbitration agreement shall be null and void, and any dispute shall be resolved in a court of competent jurisdiction pursuant to Section 11.

4. Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction. 

5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

13. Limitation on Time to File Claims.  To the fullest extent permitted by applicable law, any cause of action or claim you may have arising out of or relating to these terms of sale or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Notwithstanding the foregoing, this limitations period does not apply to any claim for which a longer limitations period exists that may not be shortened under applicable law, including claims arising under any applicable statute or consumer protection law such as for example the New Jersey Consumer Fraud Act. 

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

15. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Motelrocks, USA, Inc. 

16. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices.

1. To You. We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

2. To Company. To give us notice under these Terms of Sale, you must contact us as follows: (i) by email at help@motelrocks.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Motelrocks, USA, Inc., 5 Greentree Centre, 525 Route 73 North, Suite 205, Marlton, NJ 08053. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. Severability. If any provision of these Terms of Sale is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.

19. Accessibility. We are committed to ensuring that our Site is accessible to individuals with disabilities. If you experience any difficulty accessing or using our Site, please contact us at help@motelrocks.com and we will make reasonable efforts to assist you or provide the information you are seeking through an alternative means.

20. Entire Agreement. Our order confirmation, these Terms of Sale, our Website Terms of Use, and our Privacy Policy will be deemed the final and fully integrated agreement between you and us on the matters contained in these Terms of Sale. To the extent any terms conflict among these Terms of Sale, our Website Terms of Use, our Privacy Policy, or any other document expressly referred to herein, then these Terms of Sale govern for purchase-related matters, the Website Terms of Use govern for all other site-use matters, and Privacy Policy governs for data handling and disclosures.