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Terms & Conditions

 

Our terms

 

1.            These terms

 

1.1          What these terms cover. These are the terms and conditions on which we supply products to you.

 

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.

 

1.3          Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

 

·         You are an individual.

 

·         You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

 

1.4          If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

2.            Information about us and how to contact us

 

2.1          Who we are. We are Moonlight Design Limited a company registered in England and Wales. Our company registration number is 4715402 and our registered office is at 406 Roding Lane South, Woodford Green IG8 8EY. Our registered VAT number is GB 810 0640 87.

 

2.2          How to contact us. You can contact us by writing to us at info@moonlightdesign.co.uk.

 

2.3          How we may contact you. If we have to contact you we will do so by telephone or 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 notify 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 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          We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK. We will deliver to addresses within the United Kingdom excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and Channel Isles.

 

4.            Our products

 

4.1          Products may vary slightly from their pictures. The images of the products on our website are 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.

 

4.2          Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

4.3          Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

 

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.

 

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.

 

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. We will deliver them to you as soon as reasonably possible and in any event we will contact you with an estimated delivery date.

 

7.3          Delivery Location. We will deliver the Goods to the location set out in the order. All goods are to be delivered kerbside. If you require delivery to upper floors there may be an additional cost of which we will notify you on request.

 

7.4          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. 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.

 

7.5          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 will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

7.6          If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you 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 and clause 10.2 will apply.

 

7.7          When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you.

 

7.8          When you own goods. You own a product which is goods once we have received payment in full.

 

7.9          What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

7.10       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;

 

(b)       update the product to reflect changes in relevant laws and regulatory requirements;

 

(c)       make changes to the product as requested by you or notified by us to you (see clause 6).

 

8.            Your rights to end the contract

 

8.1          You can always 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, when you decide to end the contract and whether you are a consumer or business customer:

 

(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 to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

 

(b)       If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

 

(c)       If you are a consumer and have just changed your mind about the product, see clause 8.3. 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;

 

(d)       In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.

 

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 error in the price or description of the product you have ordered and you do not wish to proceed;

 

(b)       there is a risk that supply of the products may be significantly delayed because of events outside our control;

 

(c)       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 one month;

 

(d)       you have a legal right to end the contract because of something we have done wrong; or

 

(e)       we have told you that a product is out of stock;

 

8.3          Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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          Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by us to its UK consumer customers. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products:

 

(a)       Insofar as the Goods comprises or contains equipment or components which were not manufactured or produced by us, you shall be entitled to such warranty or other benefit as the we have received from the manufacturer.

 

We shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:

 

(a)       you gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 8.4;

 

(b)       we are given a reasonable opportunity of examining such Goods; and

 

(c)       you (if asked to do so by the us) returns such Goods to the us.

 

 

 

We shall not be liable for the Goods' failure to comply with the warranty in clause 8.4

 

if:

 

(d)       you make any further use of such Goods after giving a notice;

 

(e)       the defect arises because the you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods;

 

(f)        the defect arises as a result of us following any drawing, design or Goods Specification supplied by you; or

 

(g)       you alter or repair such Goods without our written consent.

 

8.5          When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of any products:

 

(a)       that are made to your specifications or are clearly personalised; or

 

(b)       which become mixed inseparably with other items after their delivery

 

8.6          How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

 

(a)       Have you bought goods, if so you have 14 days after the day you (or someone you nominate) receives the goods.

 

8.7          Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

9.            How to end the contract with us (including if you are a consumer who has changed their mind)

 

9.1          Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 

 

(a)       Online. Complete the form on our website.

 

(b)       By post. Print off the form and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and 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 by post to the address we notify to you. Please email us at info@moonlightdesign.co.uk for a return number which must accompany the products when returned.  If you are a consumer 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. You must take the following photographs and send them to us at  info@moonlightdesign.co.uk for inspection before you return the products: 

 

(a)       the fitting before it is repackaged;

 

(b)       an internal photo of the fitting in the box showing it is securely packaged. 

 

(c)       the outside of the box as returned.

 

9.3          When we will pay the costs of return. We will pay the costs of return:

 

(a)       if the products are faulty or misdescribed;

 

(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; or

 

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.  

 

9.4          How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

 

9.5          When we may make deduction from refunds if you are a consumer 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, if this has been caused by your handling them in a way which would not be permitted. 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)       The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

 

9.6          When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:

 

(a)       If the products are goods 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.

 

(b)       In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

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 make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

 

(b)       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; or

 

(c)       you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

 

10.2       We may end the contract if a product is out of stock. This might be because the product is out of stock because of unexpected limits on our resources which we could not reasonably plan for. If we do so we will notify you and you will receive a refund for any products paid for but not received.

 

10.3       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.

 

11.          If there is a problem with the product

 

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You write to us at info@moonlightdesign.co.uk.

 

12.          Your rights in respect of defective products if you are a consumer

 

12.1       If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. 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 03454 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.  


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