Terms & Conditions
Please read the following carefully. Your use of the Moshi Monsters e-commerce site ("store.moshimonsters.com") and purchase of the products ("Products") on it mean that you agree to these terms and conditions ("Terms"). You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which apply at that time. These Terms were last updated on [7 June 2012].
Shopping at store.moshimonsters.com
You can Order Products online via this website.
When you place an Order for a Product ("Order") you are offering to buy it for the price stated, subject to these Terms.
When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Product is available and the details of the Order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Products purchased. If the Product is not available we will also let you know by email.
Mind Candy may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights. All new Orders are deemed separate and each is treated individually.
Price
The price for each Product is shown on store.moshimonsters.com and will include VAT or sales taxes as appropriate and in accordance with local regulations. We always try to make sure that the prices on store.moshimonsters.com are accurate but errors may occur. If we discover an error in pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with.
You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. In some instances Products may only be available at one warehouse location outside of your local area, in this instance overseas shipping costs will be shown before you submit your credit card details.
Prices are quoted on store.moshimonsters.com in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate but you may use the store.moshimonsters.com "currency converter" to estimate the price in your currency. Please note that the "currency converter" is only a guide and may not accurately reflect current exchange rates. Please note that both charges and refunds are in UK pounds and Mind Candy cannot be held responsible for any loss due to exchange rate fluctuations.
Non-EU customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be - please consult your local customs office for more information.
Payment
You must pay for your Order before it is delivered and you can do so by using Paypal. Currently, credit/debit card purchases on store.moshimonsters.com are processed only through Paypal. Orders placed online at store.moshimonsters.com will be displayed on the customer's billing statement as "PAYPAL *MOSHISTORE".
To ensure that shopping online is secure, when paying by credit/debit card your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. As store.moshimonsters.com uses a third party payment provider, Mind Candy therefore do not store any customer credit/debit card or bank account information. All customer credit/debit card and bank account information is stored by the payment provider solely in encrypted form in a high security computer centre on servers that are not connected to the internet.
All collection and storage of sensitive information by the payment provider conforms to the requirements of the Data Protection Act. Your credit/debit card company and Paypal may carry out additional security checks to confirm it is you making the Order. In the event your card is declined please contact your card issuer or Paypal to authorise the transaction.
Permission from a primary account holder must be gained prior to making purchases online at store.moshimonsters.com. If permission has not been gained, Mind Candy reserves the right to cancel Orders linked to unapproved purchases.
Additional fees for online purchases at store.moshimonsters.com may be charged by Paypal or your card issuer for cross border transactions. None of these fees are received by Mind Candy or are the liability of Mind Candy.
Availability
We try to keep store.moshimonsters.com as up to date as possible but cannot guarantee that particular Products will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
Delivery
Mind Candy uses a third party fulfillment provider, delivering to destinations inside and outside the UK.
You will be notified of the delivery costs automatically before you submit your credit/debit card details.
Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply, you should consult your local customs office if you are unsure about these charges. Unfortunately we cannot advise you what these charges will be and Mind Candy is not responsible for them. If these local import/custom charges are refused or not paid by the customer, then the item could be returned to Mind Candy or possibly destroyed if too expensive to return. Please note: If this happens, we may not be able to refund you for your order. We would not be able to refund any original postage costs paid and can only refund for the returned product/s minus any costs incurred in returning them to Mind Candy.
The shipping rates charged are calculated by our third party fulfillment provider by weight and fulfilling from the location nearest to your delivery address depending on product availability.
Our third party fulfillment provider offers a range of services depending on the address they are delivering to. Our third party fulfillment provider will make every effort to deliver within the time stated at store.moshimonsters.com but we will not be liable for any loss caused to you by late delivery. Some services require a signature and operate between specific times, please specify an address where someone will be able to sign for your Order between these times.
Please Order from store.moshimonsters.com with enough time to prevent any loss or disappointment resulting from the delivery time as Mind Candy cannot be responsible for this.
This does not affect your statutory rights as a consumer.
Copyright and Trade Marks
Mind Candy does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
The copyright in store.moshimonsters.com and the content of all the software, web site and pages relating to the store.moshimonsters.com web site is owned by, or licensed to Mind Candy, unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of store.moshimonsters.com, all photographs on it and its marketing materials.
You may use store.moshimonsters.com for private and personal non-commercial use only - i.e. to view, copy and print portions of store.moshimonsters.com for the sole purpose of placing Orders. The materials on store.moshimonsters.com may not be used for any other purpose.
Mind Candy, Moshi Monsters, store.moshimonsters.com and our logos are trade names or trade marks of Mind Candy and may not be used by anyone else without our express permission.
However, Mind Candy does not make any warranty or representation in respect of any other trade mark, and the trade marks of the brands working with Mind Candy and Moshi Monsters belong to their respective owners.
Privacy and Cookie Policy
Mind Candy makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with our Privacy Policy.
Mind Candy is registered with the Information Commissioner in accordance with the Data Protection Act 1998.
Returns
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these terms do not affect your statutory rights. We will try to attend to all returns as soon as practically possible.
Unwanted Products
Our policy is to ensure that you are satisfied every time you place an Order on store.moshimonsters.com. If you are unhappy with an item when you receive it or if you simply change your mind please return it to us using our returns service within 30 days, with the despatch note, having taken reasonable care of it and in an unused state complete with packaging and all components, and we will refund you the price you paid for that product (excluding P&P).
We will make the refund directly to the credit card/Paypal account used to place the original order within 30 days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
This does not affect your statutory rights.
Faulty Products
We try to select and package the Products as well as possible to ensure they arrive in good condition. However, if a Product arrives damaged or with defects, or is not what you Ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the Product to us using our returns service within 30 days of receipt.
For help with items later than 30 days after your initial purchase please email us at storehelp@moshimonsters.com for more information.
This does not affect your Statutory Rights.
Returning Unwanted or Faulty Products
Please contact us by email or by telephone (on 001 888 311 9576 or 0044 207 193 5294) or if you would like to return Products and we will provide you with a returns code. The Returns Code should be included with the package in order to process your return.
Unwanted Products - European Distance Selling Regulations (DSRs)
By law, consumers in the European Union have the right to cancel a contract for the purchase of an item within a seven working day period beginning with the day after the day on which the item was received. If you wish to cancel your order under the DSRs we ask you to please notify our Customer Service team quoting your name and order by email or by telephone (on 001 888 311 9576 or 0044 207 193 5294).
We will then arrange for you to be refunded accordingly.
Where you are cancelling your order within this cooling-off period we will refund the cost of the item and the cost of sending the item to you as follows:
- Where you are returning an item that was part of a larger order, we will refund any specific standard delivery charges that you incurred for that item.
- Where you are returning your entire order, we will refund the standard delivery charge incurred.
However, please note that we will NOT refund your costs in returning the item to us and other services provided to you in connection with your purchase (eg. Express Delivery) UNLESS you are returning the item to us because of an error on our part (or because it is defective) under our 30-day Money-back Policy above.
Mind Candy Responsibilities
Mind Candy has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on store.moshimonsters.com or contact us for exact sizes. Mind Candy will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Mind Candy provides and maintains store.moshimonsters.com on an "as is", "as available" basis and makes no promise that use of store.moshimonsters.com will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use store.moshimonsters.com in breach of these terms you will be liable to and will reimburse Mind Candy for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Mind Candy's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Mind Candy will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Please read the instructions, manuals and other user documentation that comes with your Products carefully. Mind Candy will not advise on their use or operation or the manufacturer's guidelines. You are urged to use all Products safely and in accordance with the manufacturer's guidelines.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Mind Candy excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Mind Candy and Mind Candy shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
any incorrect or inaccurate information on store.moshimonsters.com;
any interruptions to or delays in updating store.moshimonsters.com;
the infringement by any person of any Intellectual Property Rights of any third party caused by their use of store.moshimonsters.com or any Product purchased through store.moshimonsters.com;
any loss or damage resulting from your use or the inability to use the store.moshimonsters.com web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading store.moshimonsters.com, or from transmissions via emails or attachments received from Mind Candy or its licensees and affiliates;
the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which store.moshimonsters.com link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
all representations, warranties, conditions and other terms which but for this notice would have effect.
General
Mind Candy may change or withdraw any part of store.moshimonsters.com, or may refuse you access to the web site at any time if we consider it necessary.
Mind Candy may also terminate this Agreement and immediately remove, cancel or suspend access to and use of store.moshimonsters.com upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Mind Candy's other rights.
Mind Candy acts as principal on its own account and not as agent for you or any other person.
If Mind Candy does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Mind Candy's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Mind Candy and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming store.moshimonsters.com at the UK and EU market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does). Use of store.moshimonsters.com and these terms are subject to the laws of England and the jurisdiction of the English Courts.
Contacting Us
If you would like help when ordering, information about a product, or if you would just like to provide us with feedback on our service, please email us at storehelp@moshimonsters.com, you can also contact us by telephoning 001 888 311 9576 or 0044 207 193 5294.
Mind Candy Ltd
Registered in England and Wales no: 05119483
Registered office: Unit 4.01, Tea Building, 56 Shoreditch High Street, London E1 6JJ, UK
VAT no: GB 123 4120 69
Data Protection no: Z9099045
