1 General
1.1 The following terms and conditions are for the sale of goods from this website and will govern any contract between Moona Coffee (“the Company”) and you, the customer, and shall remain in place or prevail over any terms and conditions contained or referred to in order or correspondence or implied by trade, custom or practice or course of dealings.
1.2 Please read these terms and conditions carefully as they will form the basis of any agreement between us if you wish to proceed with an order. We recommend that your print a copy of these terms and conditions for any future reference. Where these conditions refer to being for consumers only, this means that they do not apply to contracts made between us and a buyer who is a business.
1.3 Orders can only be placed by persons over the age of 16 years. Where you are ordering for and on behalf of a business by placing the order you are confirming that you have the authority to enter into the agreement and bind the business.
1.4 Nothing shown on this web site will constitute an offer of goods or services.
1.5 This contract is subject to the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
1.6 The Company reserves the right to make amendments at any time to this website without liability to you.
1.7 These terms and conditions are subject to change at any time without prior notice to you.
1.8 These terms and conditions will prevail and if any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions will not be affected.
1.9 Whilst we endeavour to ensure their accuracy, all images on this website show approximate sizes, weights and measurements, and we are unable to guarantee that the images on the website accurately represent the actual merchandise.
1.10 These terms and conditions contain the whole agreement between you and us and supersede and replace any prior written or oral agreements, representations or understandings between you and us. You agree by accepting these terms and conditions that you have not entered into this agreement on the basis of any representation made that is not expressly incorporated into these terms and conditions.
1.11 Should you need to contact us, our details are as follows: Moons Coffee, 76-78 High Street, Bentley, Doncaster, DN5 0AT.
1.12 Should you have a complaint, please direct this to our Sales Team by email to —————————— (this email address still to be decided)
1.13 The “Sales Order” means a statement of work, quotation or other similar document describing the goods and services to be supplied by us to you and shall include the price payable, delivery costs (where applicable) and your right to cancel, which shall normally be supplied to you by email on the production of your email address.
1.14 It is your responsibility to ensure that the Sale Order confirmation which we will send you by email is a correct interpretation of your order. Please check the correct items, quantities, delivery address etc have been entered as per your instructions.
1.15 Accessing the website is entirely at your own risk.
2 For Consumers Only: Right to Cancel
2.1 You have a right to cancel your order (with the exclusion of point 2.3 below) by providing us with notice in writing. The 7 day period starts from the day after you receive the goods, although the goods do not have to be returned within this 7 day period to secure a refund. You should return the goods to us within 14 days. We will refund you within 30 days of receiving the notice to cancel. You will be responsible for returning to the goods to us (unless the goods were sent to you in error or are faulty). We recommend that you return the goods in the original packaging via recorded delivery with insurance cover. If you do not return the goods to us within 25 days of the notice to cancel we shall collect the goods from you and deduct the cost of collection from any refund owing to you.
2.2 Once you have cancelled the contract, you are legally obliged under regulation 17(2)(a) to take reasonable care of the items until they are returned to us.
2.3 Refunds made under clause 3.1 shall be transferred in to the payees account.
3 Ordering
3.1 To place an order online you need to select the item required together with the quantity of items required. You will be asked to add those to your list and when all items required by you have been added to the list you shall be prompted to review the list. It is your responsibility to ensure that the items listed are correct. You may at this point add further items or delete items.
3.2 If you wish to purchase the items, you will be asked to confirm that the order is correct as detailed on the Sales Order and to confirm that you accept these terms and conditions. You will then proceed to pay for the items. Payment shall be made in accordance with clause 5.
4 Price and Payment
4.1 The price for the supply of the goods is set out in the Sales Order. All prices are shown include VAT, where applicable.
4.2 Payment shall be made on placing the order through the website. Payment over the phone may be made in exceptional circumstances, please contact us by e-mail: info@moonacoffee.com
4.3 Your order shall not be processed until payment is received by us. We do not offer a credit period.
4.4 We accept all major debit and credit cards.
4.5 Whilst we endeavour to ensure that the website is secure we accept no liability for any breaches of security by unauthorised third party access. If you believe that there has been a dishonest or fraudulent use of your credit or debit card you must contact us immediately and upon evidence we will cancel the payment/order. You shall be responsible for reporting the fraudulent or dishonesty to the police and your card provider.
5 Delivery
5.1 Once your order has been processed by our Sales Team delivery of the goods shall be made to the delivery address you have provided to us. Delivery only applies to most of the UK mainland, Remote area delivery (IM,HS,ZE) will incur an additional charge of £2.00. You may need to contact us for a carriage quote for delivery to the Highlands of Scotland, Inverness and Far South Cornwall and all off shore Islands.
5.2 Delivery in the UK: Delivery is dependent on the size of your order and will be delivered by the Courier of our choice.
5.3 Delivery outside of the UK: this shall be detailed on your Sales Order to take account of postage costs. You will be responsible for all import duties. We shall have no responsibility if the order is compounded.
5.4 We cannot guarantee the time of delivery and time will not be of the essence. If a delivery date is provided, it is no more than an estimate.
5.5 Should the courier be unable to deliver the goods on the first attempt, subsequent alternative arrangements will ultimately be the buyers’ responsibility.
5.6 Risk of the goods shall pass to the courier upon their collection from our premises. The courier on delivery of the goods to you will pass ownership and risk to you. The courier is responsible for the transportation of the goods to you.
6 Acceptance
6.1 When accepting the delivery, you must ensure that you examine the goods.
6.2 If a signed delivery has been requested then the courier shall require you to sign and accept the goods. If you cannot examine the goods at the time of delivery, you must ensure that on signing for the goods you clearly state that the goods are damaged. If the goods are damaged or faulty on delivery in any way you must refuse to accept the goods and report the damage/fault to us immediately and we will arrange for a refund/return in accordance with clause 8 below.
6.3 If you however mark the delivery note that you have received the goods in a good condition, then we are unable to refund or replace goods which are later found to be damaged outside of the seven day cooling off period.
7 Refunds and Returns
7.1 If the items are damaged or faulty when they are delivered and that is reported immediately to us, we will ask you to email a photograph to us within 48 hours of arrival and we will refund you in full (including the costs of the postage and packaging upon production of a valid receipt). If you wish to return items you should return the goods to us in the original packaging to prevent damage. The goods must be returned in the same condition as sent to you. Or, we will arrange for collection and the cost of that will be deducted from any credit due.
7.2 When returning the goods you must enclose a copy of the original delivery note with the goods on their return. This will help us to deal with the refund and return quicker.
7.3 If you do not want a refund for the damaged items we are happy to provide a replacement. Providing as in 8.1 a photograph showing the damage is emailed with 48 hours of receipt. We will provide you with the replacement within 10 days of the email being received. The replaced goods will be delivered to you at the original place of delivery in accordance with these conditions.
7.4 Once you have accepted delivery of the goods, all risk in the goods passes to you.
8 Force Majeure
8.1 We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, abnormal weather conditions, strikes, lock outs, accident, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration of other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and we shall be entitled to a reasonable extension of our obligations after notifying you of the nature and extent of such events.
9 Liability
9.1 All terms conditions or warranties implied by statutory or common law relating to (a) correspondence relating to the goods and/or (b) the quality of the goods and/or (c) the fitness of the goods for any purpose whatsoever (whether made or known to us or not) concerning the goods are excluded to the fullest extent permitted by law.
9.2 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with the supply of goods to you whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the sums paid to us for the supply of goods.
9.3 Neither part shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential loss or other loss of turnover, profits, business or goodwill.
10 Disclaimer
10.1 The Company has supplied the goods to you in good faith and exercised every reasonable care and attention to ensure that the goods match their description and are of satisfactory quality.
10.2 The Company has taken every reasonable care and attention in compiling the information contained on our website, but accepts no liability for any warranties, expressed or implied, including any liability for any indirect loss, loss of profits, turnover, consequential or incidental loss, loss of revenue, loss arising out of use of this website, whether such damages arise in contract, negligence, tort, under statue, in equity, in law or otherwise.
11 Privacy Policy and Data Protection
11.1 When you place an order via our website information is collected about you (such as your name, email address, postal address, phone number, credit or debit card details). We may also record which products you expressed an interest in and which products you decided to purchase. We also constantly monitor the site and its visitors to enable us to improve the service we provide and to increase the portfolio of products we offer. We may then be able to email you at a later date with any special offers or with details of specific products that may be of interest to you. However, should you choose not to wish to receive this information please email: sales@moonacoffee.com this email address needs creating and we will remove your details from our data base.
11.2 We will use the information you provide to process you order and for delivery purposes. Although whilst we will endeavour to take all reasonable care and attention not to disclose your personal information to third parties or sell it to other sales organisations, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to data you provide when accessing or ordering from this website. By using our website and recording your data you have given consent for us to collect the information and use it as specified above.
