1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Moonlight Books Limited, a company registered in England and Wales. Our company registration number is 10681163 and our registered office is at 145/147 Hatfield Road, St. Albans, United Kingdom, AL1 4JS. Our registered VAT number is 264 7346 83.
2.2 How to contact us. You can contact us by writing to us at [email protected].
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 If you are under 16 we will only accept your order with the consent of your parent or guardian.
4 Our products
4.1 Products may vary slightly from their pictures and descriptions. The images of the products on our website are rendered interpretations for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5 Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6 Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7 Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. Our products will be available to deliver from 30 June 2018 unless we inform you otherwise. If you have made an order before then and we have accepted that order, your chosen product will be delivered within 30 days of 30 June 2018 for copies 1-250 and for copies 251-500 within 30 days of receipt of your sixth and final payment.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay including by providing a tracking number. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we, or our fulfilment facility will email you to inform you of how to re-arrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you by email for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.6 If you do not allow us, our fulfilment facility or shipping company access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can request a new deadline for delivery, which must be reasonable, and we may or may not (in our sole discretion) agree to this. If we do agree to this and we agree the new deadline, you can treat the contract as at an end if we do not meet the new deadline.
7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for the goods or reject goods that have been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must deliver them back to us. We will pay the costs of postage. Please email us at [email protected] for a return label.
7.10 When you become responsible for the goods. Products will be your responsibility from the time we deliver the product to the address you gave us.
7.11 When you own goods. You own the product once we have received payment in full, but if you exercise your cancellation right (see below) we will own the goods from when you return them.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; and/or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days in any 6 month period, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clauses 7.11 and 12.3) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
8 Your rights to end the contract
8.1 How to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when and why you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do; and/or
(c) If you have just changed your mind about the product, see clause 8.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 4);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products which you have handled beyond what is necessary to establish that they comply with the characteristics and content of your order; and
(b) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods or (ii) your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9 How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address. You may use the following wording in your email in order to end the contract:
To Moonlight Books Limited of 145/147 Hatfield Road, St. Albans, United Kingdom, AL1 4JS. I hereby give notice that I cancel my contract of sale of (PLEASE INSERT DETAILS OF THE BOOK(S) YOU PURCHASED) ordered by me on (PLEASE INSERT THE DATE YOU ORDERED THE BOOK(S) and received by me on (PLEASE INSERT THE DATE YOU RECEIVED THE BOOK(S). Please add your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in pristine condition at an address in the UK we will provide you with. If you were one of the first 250 purchasers of our product(s), you will have received a Limited edition print from us for each product purchased from us prior to and separate from the Book(s) ,which you must also return to us in pristine condition, Please email us at [email protected]. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 Who will pay the costs of return?
We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment after the products have been returned to us by you and we have verified that they are in pristine condition. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods (which means the Book(s) and the print you will have received prior to receipt of your Book(s) if you are one of the first (250 ) purchasers of our Books, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) If you have received a print from us prior to and separate from the Book(s) and either do not return it to us or return it damaged or used in any way (for example if you have framed it) which means it is not in pristine condition, you are obliged to pay us £400 (four hundred pounds sterling) which we will deduct from your refund.
(c) The maximum refund for delivery costs (where we are obliged to pay those costs) will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible (see clause 9.4). If you are exercising your right to change your mind then if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10 Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your email and delivery address;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(c) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11 If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected] or call us Monday to Friday between 09.30 and 17.00 GMT on +44 (0) 7526995870. If the products arrive damaged, you must tell us within 48 hours and provide us with photographic evidence so we can review the damage and act accordingly.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 (0)3454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please email us at [email protected]owie1983book.com for a return label.
12 Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT if applicable. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 When you must pay and how you must pay. You must pay for the products in full when you order them and before we dispatch them. We accept the following payment methods:
13 Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; and for defective products under the Consumer Protection Act 1987. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14 How we may use your personal information
15 Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.