Last updated: January 28, 2015
Acceptance of terms
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.moonbabies.co.uk website (the "Service") operated by Moonbabies ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
If we believe that there is likely to be a breach of security or misuse of the Service, we my required you to change your password or we may suspend your account.
Links to and from other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Moonbabies. If you visit any website via a link on this Website you do so at your own risk.
Moonbabies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Moonbabies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Any party wishing to link to this Service is entitled to do so provided that the conditions below are observed:
You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
You do not misrepresent your relationship with this Service; and
The website from which you link to this Service does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this Service in breach of our terms, you shall indemnify us for any loss or damage suffered to this Service as a result of such linking.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Access to most parts and features of our site is restricted to users who have registered with us.
If you register an account with us on our site you represent and warrant that:
You may de-activate your Moonbabies Account at any time, for any reason, by unchecking the e-mail preference box on the "My Account" section of our site.
We may suspend or terminate your rights to use our site (including your Moonbabies Account) for any reason at our sole and reasonable discretion, including for any violation of our terms. Upon termination, your Moonbabies Account and right to access and use our site will terminate immediately. You understand that any termination of your Moonbabies Account may lead to deletion of your User Content (as defined below) associated therewith from our databases. We will not have any liability whatsoever to you for any termination of your Moonbabies Account or deletion of your User Content.
Terms of sale, products and pricing
We are under a legal obligation to supply goods that conform with our contract with you, however please be aware that the images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. The Products you receive may vary slightly from those images. The packaging of the Products may also vary from that shown on images on our site. Please note that all Products are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered before we send the Dispatch Confirmation, we will inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will either treat the order as cancelled and notify you in writing or may (at our discretion) process the order on the basis of the incorrect price where this is lower than the correct price.
Please note that even after we have sent the Dispatch Confirmation, if a pricing error was obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at an incorrect, lower price.
Terms of sale, payment terms
Please note that if you buy a Product, payment will be in advance and will be processed when you submit your order. For each Product you order on our site, you agree to pay the price applicable for the Product as at the time you submitted your order and the delivery fees for the delivery service you select. We will automatically charge your credit card or debit card submitted as part of the order process for such amounts and you hereby authorise us to do so.
Terms of sale, orders
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you in a separate e-mail (“Dispatch Confirmation”), and a contract between us will only be formed when we send you the Dispatch Confirmation. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or if your order of that Product is cancelled because of an error in the price on our site, we will inform you of this by e-mail. In this case, if you have already paid for the Products, then we will issue, within 5 to 7 working days, a credit to your credit card or debit card (as appropriate) in the amount charged for the withdrawn order or withdrawn portion of the order (if your card or account has already been charged). If you have not yet paid, we will not charge you.
Terms of sale, promotions
Only one promotional offer may be used by you per order. Special offers, promotional codes, or discounts:
We reserve the right to cancel any order due to unauthorised, altered, or ineligible use of discounts and to modify or cancel any promotion due to system error or unforeseen problems. Please read any rules that accompany special offers, promotion codes, discounts, contests and sweepstakes to check whether special terms apply.
We use Royal Mail to deliver your orders. ‘Standard Delivery’ orders will be sent Royal Mail 2nd Class and will take 3-5 working days for delivery. Orders over £30 will be sent Royal Mail 2nd Class Signed For and will be tracked.
‘Express Delivery’ customers will receive their order via Royal Mail Special Delivery Signed For, and will arrive within 2 working days.
We will send you an email when your order has been shipped and you may review your order and delivery information on your Moonbabies Account page.
Moonbabies.co.uk currently delivers to the UK only (including all non-mainland postcodes).
It is your responsibility to provide the right postcode for the delivery address. Moonbabies accepts no responsibility if your order is delivered to an incorrect postcode confirmed by you at the checkout. We will of course do our best to amend the delivery address postcode before an item is dispatched from your warrehouse if you contact us.
Free ‘Standard Deliver’ will be provided on all single transactions of £30.00 or more excluding discounts from any promotional vouchers redeemed at the checkout.
As permitted by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may return Products by notifying us of your intent to return no later than 28 days after you receive our Products, unless the Product ordered is:
(a) perishable (such as food or drink)
(b) CDs, DVDs or software that you have unsealed;
(c) underwear that has been unsealed
(d) a personalised item
in which case that order or portion of an order cannot be returned. To return Products, you should login to your Moonbabies account, select ‘Orders’ and find the corresponding order for the Products you want to return and issue a ‘Return Item’ request. We will then send you an email (“Refund Request Notification”) with the next steps. These include:
All Products being returned must be packaged effectively to avoid any damage during transport back to our warehouse. The product needs to arrive at our warehouse in a re-saleable condition.
We recommend using a recorded delivery service, thereby obtaining a unique tracking ID, in the event your parcel goes missing.
The initial delivery fee will not be refunded unless the order was incorrect or contained damaged/faulty goods.
Moonbabies.co.uk is not responsible for returned goods being lost or damaged in transit.
The cost of returning the item(s) is at your expense unless the order was incorrect, damaged or faulty.
Your refund will be processed within 5-7 days after the goods have been received by our warehouse. The refund will be applied back to the original payment method within 2-3 working days once processed. Please note, the initial delivery fee will not be refunded unless the order was incorrect or contained damaged/faulty goods.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event 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 or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations to you:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Invite friends policy and customer credits
Invite Friends Offer Details. For every new member ("Invitee") you introduce to us, you (the "Sponsor") will receive a credit ("Referral Credit") worth in the amount stated in the relevant promotional terms and conditions when redeemed against the Sponsor's next purchase from us. The Referral Credit will be available to the Sponsor upon delivery of your Invitee's first qualifying purchase. Credits may be redeemed only against the Sponsor's next purchase. Referral Credit has no value unless used for a purchase. There is no limit to how many friends you can introduce or how many Referral Credits you can earn. Only one Referral Credit is allowed per Invitee. Invitees must join by clicking the link in the e-mail invitation or clicking on your personal invite URL for Sponsors to be eligible to receive Referral Credits after their purchases. Invitees can only accept one invite to our site. If an Invitee accepts an invite from someone else, the Sponsor will not be credited for that invitation. Any person that receives Referral Credits, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Referral Credits, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable laws.
We reserve the right to change the terms of this offer at any time. We further reserve the right to suspend or terminate the account of any user we believe is engaged in fraudulent, illegal, or inappropriate conduct in relation to this offer including creating fictitious or duplicate accounts to obtain credits. If your account and/or membership is terminated for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by us and such determination is final and binding.
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Moonbabies or otherwise used by Moonbabies as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the service and pricing
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The contents of this Service do not constitute advice and should not be relied upon in making or refraining from making, any decision. All material contained on this Service is provided without any or warranty of any kind. You use the material on this Service at your own discretion.
Disclaimers and limitation of Liability
The Service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Moonbabies will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Service.
Moonbabies makes no warranty that the functionality of the Service will be uninterrupted or error free, that defects will be corrected or that the Service or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Moonbabies for death or personal injury as a result of the negligence of Moonbabies or that of its employees or agents.
You agree to indemnify and hold Moonbabies and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Moonbabies arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Change of use
Moonbabies reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Moonbabies shall not be liable to you for any such change or removal.
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes to terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.