MOONCUP LIMITED
WEBSITE TERMS AND CONDITIONS
This page explains the basis on which we sell our products and the terms and conditions that apply to those sales. We appreciate that there is a lot of information here and we apologise, but unfortunately we are required by law to provide you with certain details about purchasing products through our website. If you have any questions about any of these Terms, please do not hesitate to contact us.
By ticking the box marked “I’VE READ AND ACCEPT THE TERMS AND CONDITIONS” during our purchase process you agree to comply with these Terms, so if there is anything you are unsure about then please get in touch with us before you order any products from us.
These Terms apply to all sales of our products from all ‘Mooncup’ and ‘MCUK’ URLs including without limitation mooncup.co.uk. If you purchase any of our products from one of our distributors then separate terms and conditions may apply so please check the website you purchase through before ordering any products.
In these Terms, the following words have the meanings attributed to them:
“Mooncup” and/or “MCUK” means Mooncup Limited, with registered office at The Old Casino, 28 Fourth Avenue, Hove, East Sussex BN3 2PJ, United Kingdom. In these terms the words “we”; “us” and “our” may also be used and refer to us, Mooncup Limited.
“Customer”; “you”; “your” means you, as a Mooncup customer and visitor to our website.
“Confidential Information” means all documents, information and materials and any other proprietary information exchanged between you and us, and which ought reasonably to be considered as confidential information.
“Intellectual Property Rights” means all intellectual property rights (including without limitation patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how) whether or not registered or registrable and also includes applications for registration of any of these rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
“Order” means an order by you for any of our Products.
“Product” means any of the products we sell through our website, and the term “Products” will be construed accordingly.
“Terms” means these terms and conditions.
“Website” means our website at mooncup.co.uk and also refers to any international version of that site and any version of our site accessed using a URL with the word ‘MCUK’ rather than ‘mooncup’.
INFORMATION ABOUT MOONCUP AND OUR WEBSITE
Our Website is owned and managed, operated and maintained by Mooncup. You can contact us by writing to Mooncup, Vantage Point, New England Road, Brighton BN1 4GW or by emailing us at [email protected].
We may need to make changes to our Website from time to time. Changes may include changing the products we sell or the terms of sale for those products. Similarly, we may need to suspend the Website, for example for repairs, planned maintenance or upgrades. While we will do our best to keep our Website available, we will not be liable to you if we do need to make any changes or restrict access for any period of time.
PURCHASING OUR PRODUCTS
To order any of our Products, please follow the instructions in our online purchase form. Once you have provided all the information we need to process your order you will be directed to choose either PayPal or SagePay to make payment. Once that payment has been confirmed your Order will come through to us. We may from time to time need to conduct security and other verification procedures in relation to the information you provide, and by placing an Order with us you agree to our doing so.
By placing an Order with us you also warrant that you are legally capable of entering into binding contracts, that you are not in any way prohibited by any local laws to agree to these Terms or to purchase any of our Products, that the information you have provided to Mooncup is true, accurate and correct. If any of that information, including without limitation your delivery address, changes then please contact us so that we can update our records.
FORMATION OF CONTRACT
Once payment for your Order has been processed we will send you an order confirmation email. Your Order constitutes an offer to us to buy one of our Products so our order confirmation email is our confirmation that we have received your offer. We will confirm that we have accepted your Order by sending you confirmation by email that your Order has been dispatched. The contract between you and Mooncup will only be formed when we send you confirmation that any particular goods have been dispatched and will relate only to those Products for which we have confirmed dispatch.
PRICE AND PAYMENTS
Product prices and delivery charges are set out on our site. Unless our Website states otherwise, the prices on the Website include all applicable value added taxes. We reserve the right to change our prices at any time.
We of course make every effort to ensure the prices on our Website are correct. If for any reason they are not we will inform you of the correct price of any Product you have sought to Order and you will then have the option to proceed with your Order, subject to you paying the correct price, or to cancel your Order.
You can pay for our Products using PayPal or SagePay (or another payment provider if our Website identifies alternatives). If you do not complete the payment process or if payment is not received in full (including any applicable taxes and delivery charges), we may not process your Order, so please ensure that you do complete all the steps on our Website or as directed by SagePay or PayPal (as applicable) to make sure your Order can be processed by us.
If delivery of the Product(s) you are ordering is to an address outside the United Kingdom, additional taxes and charges (such as importation taxes and sales taxes) may be levied at the delivery destination and these will be your responsibility. We recommend that you check with your local customs and excise to establish whether any such charges will be payable.
DISPATCH AND DELIVERY
We usually dispatch products three (3) times per week, so we will make every effort to dispatch your Order on our next available dispatch day after we have sent you an order confirmation. Dispatch may take slightly longer in weeks including bank holidays or when our office is closed for other public holidays so please check our website for any notifications about office closures. Delivery times depend on the delivery service you have chosen but generally take up to fifteen (15) days. If you have not received your goods within fifteen (15) days of receipt of a dispatch confirmation then please do get in touch.
The delivery service we use depends on the destination country, but for deliveries in the United Kingdom we use Royal Mail first class delivery as our default delivery service. For this service, delivery charges are included in the price set out on our Website. Additional charges will apply for delivery services other than Royal Mail first class delivery, and these will be identified during the Order process.
You will become the owner of the Products you have ordered on delivery to you, as long as we have received payment in full for those Products.
CHANGES TO YOUR ORDER, CANCELLATION RIGHTS AND RETURNS
We package our Products in the most environmentally friendly manner possible, in keeping with our company ethos, and so do not use large quantities of wrapping or packaging. For this reason, coupled with the hygiene issues associated with our Products, we cannot accept returns of any of our Products unless they are faulty.
We do accept that you may change your mind after having purchased one of our Products, and so you are entitled to cancel or change your Order at any time before we send you a dispatch confirmation email by emailing [email protected]. As long as you contact us before we have sent you a dispatch confirmation email, we will process any changes you request to your Order and you will be entitled to receive (a) a full refund of the monies paid to us for those Products in the event that you cancel your Order; or (b) a refund of the difference in the monies paid in the event you change your Order and the new Order is of a lower value. We aim to process refunds within thirty (30) days from the date of receipt by us of your notification to change or cancel your Order.
Once your Order has been dispatched by us you will not be able to change or cancel that Order or return any Products to us unless they are faulty.
FAULTY, DEFECTIVE OR DAMAGED PRODUCTS
If any of our Products are inherently defective or damaged in transit, then subject to us agreeing that the relevant Product is defective or has been damaged in transit to you, we will provide you with a replacement, or if the same Product is unavailable, then a suitable alternative if possible or, at our discretion, a refund. We will bear the delivery costs incurred by you in returning the defective or damaged Product to us as long as you provide us with documentary evidence supporting those delivery costs and as long as we agree that the Product is defective or damaged. You understand that the life of our Products is dependent on your use of them and that our Products are subject to normal wear and tear. Products that have deteriorated because of use and normal wear and tear will not be replaced, and we cannot take back or replace any Products that have been used.
ORDERS FOR DELIVERY OUTSIDE THE UNITED KINGDOM
While we make every effort to work with the best delivery systems throughout the world, we may not always be able to confirm that your Order has been delivered to the designated country of the address set out in your order confirmation. We have very little control over local delivery services outside of the United Kingdom and so we cannot give any guarantees that your Order will be delivered within a particular timescale, in the form in which it was originally packaged by Mooncup, or at all.
If your delivery address is outside the United Kingdom, your Order may be subject to import duties and taxes which are levied locally on delivery. We have no control over these duties, taxes and charges and we cannot advise you what these may be, so we recommend that you contact your local customs office for further information before placing any Order with us. If any duties, taxes or charges are levied then you will be responsible for paying them.
For all deliveries to locations outside the United Kingdom, you are deemed to be an importer of the Products and it is your responsibility to comply with any and all local laws and regulations that may apply in relation to the Products you have ordered.
Mooncup does not represent or warrant that the Website or the Products made available for purchase on the Website are appropriate or lawful, or that the Products and/or the delivery of them comply with any legal or regulatory requirements, in locations outside the United Kingdom. Whilst we make our products available for customers outside the UK, our marketing may not be specific to any particular country. Similarly, we have not translated our labelling and usage guides into every possible language, so you acknowledge that you are responsible for satisfying yourself that our products are suitable for you and that you are able to use them correctly. We will not be liable to you or anyone else for any breach by you of any local laws arising from or in connection with your purchase or use of our Products, or from delivery of those Products to you.
ADDITIONAL OBLIGATIONS
You acknowledge that you are solely responsible and liable for any use of our Website, and you agree not to use any of the information or content on our Website or which we provide to you for any commercial purposes, unless we have agreed otherwise (for example where you sign up as a Mooncup affiliate). You also agree that your use of our Website will not infringe any rights of any third parties.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
Subject to the other provisions in this section, if we fail to comply with any of our obligations in these Terms our liability to you will be limited to price paid by you for the particular Order to which the failure relates, and any losses that you suffer as a result of our failure to comply and which are a foreseeable consequence of our failure.
We will not be liable for losses that result from our failure to comply with these Terms and which fall into the following categories: (a) consequential, indirect or special losses; (b) loss of income or revenue; (c) loss of business; (d) loss of profits; (e) loss of anticipated savings; (f) loss of data; or (g) waste of management or office time. However, nothing in these Terms will prevent claims for foreseeable loss of or damage to your tangible property or any other claims for direct loss that are not excluded under this section.
Nothing in these Terms excludes or limits Mooncup’s liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, any breach of the obligations imposed by section 12 of the Sale of Goods Act 1979 or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
The information and materials posted on our Website in relation to us and our Products are intended as guidance only.
If you contact our Advice Service you accept that the advice given will depend entirely on the information you provide, and that our advisors are entitled to rely on the information you give them. Any omissions or inaccuracies will prevent our advisors from being in a position to advise you properly so please ensure you give them all relevant information. If you have any concerns about using our products, any specific medical queries or any existing medical conditions then you should contact your GP or gynaecologist before using any of our Products.
Our Advice Service is offered solely in support of the use of our Products.
We appreciate that users of our Products may wish to share their experiences and thoughts on social media, forums and elsewhere. However, we cannot be held responsible for any claims about or descriptions of our Products made by third parties on any website, forum, social media, electronic, printed or other media, including any statements or advice on how our Products work or how they should be used and we expressly exclude any liability in respect of any claim arising as a result of reliance on any third party’s published information. If you have any questions about any of our Products or how to use them please do not hesitate to contact us or refer to our Website before you place an Order.
INTELLECTUAL PROPERTY RIGHTS
All rights, including Intellectual Property Rights, in and to Mooncup, the products sold on our Website, the content in our Website and all other information and materials which relate to Mooncup and our products are owned by Mooncup.
Unless we have given you consent in writing to do so, we ask that you do not (a) reproduce, copy, edit, transmit, upload or incorporate any part of our Website into any other materials, (b) remove, modify, alter or use any registered or unregistered marks, logos or designs owned by us or our licensors, and (c) do anything which may be seen to take unfair advantage of our goodwill and reputation or could be considered an infringement of any of the Intellectual Property Rights owned by or licensed to Mooncup.
PRIVACY AND DATA PROTECTION
We are committed to protecting your privacy and complying with the Data Protection Act 1998, successor legislation and other regulations in relation to data protection. Please click here to view our Privacy and Cookies policy, which explains how we process any personal data you provide to us and how our Website uses cookies. Our Privacy and Cookies Policy forms part of these Terms and by agreeing to these Terms you also agree to be bound by the terms in the Privacy and Cookies Policy.
EVENTS OUTSIDE OUR CONTROL
Unfortunately, from time to time things happen that are out of our control and which prevent us from being able to fulfil all of our obligations. Some examples include strikes or other industrial action, 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 or other natural disaster, limitations on the use of railways, shipping, aircraft, motor transport or other means of public or private transport, limitations on the use of public or private telecommunications networks, or the acts, legislation, regulations or restrictions of any government.
Where any events, acts or omissions occur that are outside our reasonable control, we will be entitled to an extension in the performance of our obligations to you. We will make every effort to bring any such event to a close if we are able to, or else to find an alternative solution in order to fulfil our obligations, wherever possible.
NOTICES
If you wish to give us notice in accordance with any of these Terms, please do so by delivering the notice to us in person, or by sending it by registered post to Vantage Point, New England Road, Brighton BN1 4GW, or by email to [email protected]. Notices will be considered to have been given at the time of actual delivery in person, or three (3) business days after posting or one (1) business day after transmission by email.
QUERIES, COMMENTS AND COMPLAINTS
If you have any comments, queries or complaints to make, or you believe that we have breached these Terms, you can e-mail us at [email protected] or write to us at Mooncup, Vantage Point, New England Road, Brighton BN1 4GW.
GENERAL
If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective. Any waiver by us of any of, or any part of, these Terms will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms and failure, neglect or delay by you or us to enforce these Terms (or any of them) or any rights or remedies at any time will not be deemed to be a waiver of the rights under these Terms.
If any part of any of these Terms is found by any court to be invalid, unlawful or unenforceable then that part will be deemed deleted and the remaining terms, conditions and provisions and parts of them will continue to apply to the fullest extent permitted by law.
These Terms constitute the entire agreement between you and us with respect to your use of our Website and our Products, and supersede all other communications between us in relation to your use of our Website and our Products.
These Terms are personal to you and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create, and shall not be construed as creating, any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.
In agreeing to be bound by these Terms you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Mooncup, other than as expressly set out in these Terms.
These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales, whose courts shall have exclusive jurisdiction.
APRIL 2016
