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Terms & Conditions
Last Updated: 20th January, 2019.Please read these Terms and Conditions Carefully. The Terms and Conditions (“Terms and Conditions”) outlined below, contains the terms that govern your access, use, rights and obligations in relation to access to information and purchase of products through www.madeinthemoon.co.uk (the “Website”) run by Made in the Moon – a sole trader registered and based in the United Kingdom (“Made In The Moon”, “we”, “us”, “our”). These Terms and Conditions are the “Agreement” between Made In The Moon, and you or the entity you represent (the “Client” or “you”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. By accessing the Website and/or purchasing any products through the Website, you agree to be bound by the terms and conditions of this Agreement.
1. About Made In The Moona) Made In The Moon specialises in making personalised baby grows, baby bibs and baby hats for babies and young toddlers (such products collectively, the “Products”). b) Made In The Moon ensures that all products meet the highest and best possible quality for your little ones.
2. DefinitionsIn this Agreement: a) “Client” or “you” means the person named on the Order Sheet for whom the Supplier has agreed to provide the Specified Service in accordance with these Conditions and shall include their respective successors in title to substantially the whole of their respective undertakings. b) “Contract” means the contract for the provision of the Specified Goods and Services. c) “Document” includes, in addition a document in writing, any map plan, graph, drawing or photograph, any film, negative, tape, or other devise embodying visual images and any disc, tape or other devise embodying any data. d) “Input Material” means any Documents or other materials, and any data or other information provided by the Client relating to the Specified goods or service. e) “Output Material” means any documents or printed materials, and any data or other information. f) “Specified Good or Service” means the Goods and Services to be provided by the Supplier for the Client and referred to in the Order Sheet. g) “Order Sheet” means the sheet to which this Agreement is appended. h) “Supplier’s Charges” means the charges shown in the Supplier’s brochure or other published literature or electronic literature relating to the Specified Goods or Service. i) “Supplier” means Made In The Moon.
3. Order for Worka) The Supplier shall lay out specifications of an order in a quotation which will be valid for 14 days unless otherwise specified any order without a quotation shall be charged at the Suppliers published prices. b) No contract shall exist between the Supplier and the Client until the Supplier has accepted an Order from the Client by email, verbal agreement, facsimile or post to the relevant employee. c) Payment must be received in full for an Order before the Order will commence unless a formal account has previously been set up. All payments must be made to the Company’s designated account using cash, a debit card or credit card, bank transfer or via paypal.com or stripe.com d) Any changes to an Order must be agreed between the Supplier and the Client before any work has commenced. e) Cancellation of an Order will be subject to a cancellation fee and any other applicable charges. f) the Supplier is not responsible for the copyright of any Input Materials provided by the Client. g) Colours are not guaranteed. Either matching pantone solid colours, monitor screen RGB colours or any other Input Material. We shall endeavour to get the Colour as close as possible but due to the nature of printing, Colour cannot be guaranteed.
4. Invoicing and Paymentsa) Unless alternate payment arrangements have been agreed in writing by the Supplier for the Client, the Client must make all payments in full no later than 7 calendar days after receipt of the Order Confirmation. If payment is not made when due, the Supplier reserves the right to cancel the relevant order(s). b) The Supplier will render invoices only in electronic form by e-mail, and shall be under no obligation to provide an invoice in paper form. c) A payment shall not be effective until cleared funds are available to the Supplier. In the case of returned direct debits or charge-backs, the Customer shall reimburse any bank charges incurred by the Supplier, unless it is not attributable to the act or omission of the Customer. d) No goods shall be dispatched or collection allowed unless paid for in full. e) We reserve the right to charge you for any legal or collection fees where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
5. Value Added Tax (VAT)a) Some printed items become subject to VAT, dependent on the contents of the artwork. If you place an order and such a payment applies, VAT will be added to your order. You will be contacted to pay the VAT before delivery will be undertaken. b) If VAT is noticed on your order after the bill has been paid, you as the customer are liable to pay the VAT in full before receiving your delivery.
6. Liability and Indemnitya) Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier shall be under no liability for any loss or damage (whether direct, indirect, or consequential and including loss of profit, loss of business, depletion of goodwill, loss of business opportunity or loss of savings) howsoever arising which may be suffered by the Client as a result of the Supplier’s actions or failure to act. b) The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, illegible, out of sequence or in the wrong format, or arising from their late arrival or non-arrival, or any other fault of the Client. c) The Supplier warrants to the Client that the Specified Goods or Service will be provided using reasonable care and skill and as far as reasonably possible, in accordance with the email or Order Sheet, and within the times referred to in the Order Sheet. d) Where the Supplier supplies any goods including Output Material supplied by a third party the Supplier does not give any warranty, guarantee or other terms as to their quality fitness or purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier. e) Where complaints may arise with respect to any Goods or Service provided by the Supplier, the Client must notify the Supplier in writing within 48 hours of receipt of the goods or service. All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided. f) We are not liable for any financial loss incurred by you, including but not limited to expenses incurred by you, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order. g) The provisions of this Section 6 do not affect the Client’s consumer rights.
7. Refundsa) If a Product is thought to be faulty or incorrect by a customer, and a refund or replacement is required, the original product(s) must be returned to the supplier within 14 days (or it will be deemed to be acceptable by the client). b) We Reserve the right to rectify defective work by reprinting and shall not be liable to refund. If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so. c) If you do opt to have work re-done by a third party without reference to the Supplier, you automatically revoke your right to any remedy from us. d) All defective work must be returned to the Supplier before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided. e) Refunds will take 3 to 4 working days to complete once the Supplier has agreed to refund. This cannot be completed any faster. By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
8. Supply of specified Goods and Servicesa) The Supplier shall design and print the specified Goods for the Client (the “Services”), by: i) Using its best endeavours in carrying out the Services and to ensure that the Services are carried out in a responsible professional and courteous manner. ii) Take receipt of the Promotion Materials, or design the Promotional Materials according to the Instructions on the Order. b) The Client shall at its own expense retain duplicate copies of all Input Material and insure against accidental loss or damage. The Supplier shall have no liability for any such loss or damage, however caused and the Supplier shall not be responsible for returning Material. c) The client shall at its own expense supply the Supplier with all necessary Documents and other materials, and all necessary data or other information relating to the Specified Goods or Service in accordance with the Order. The Client shall insure the accuracy of all Input Material and will be responsible for proofing Material for any errors or emissions.
9. Additional Chargesa) Subject to any special terms agreed, the Client shall pay the Supplier’s charges and any additional sums which are agreed between the Supplier and the Client for the provision of the specified Goods or Service, or which in the Suppliers sole discretion, are required as a result of the Clients instructions or lack of instructions in the inaccuracy of any Input Material or any other cause attributed to the Client. b) The Supplier’s Charges and all other costs will be laid out in an invoice to the Client. Any query with regards to Supplier’s charges must be raised with the Supplier within 30 days of the invoice tax date. c) The Client must pay the Supplier within the credit terms laid out on the invoice, and without any set-off or other deduction. Clients without a formally set up account with the Supplier must pay the Supplier in full before commencement of an Order. d) Failure to pay the Supplier within the given Terms shall result in immediate removal of any credit facilities and may result in legal action being pursued with interest being charged at the current rate. Any invoice outstanding beyond the given terms will be subject to a further surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all interest, other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable. e) All charges quoted to the Client for the provision of the specified Goods or Service are exclusive of Value Added Tax, for which the Client shall additionally be liable for at the applicable rate.
10. Cancellation Chargesa) Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made. If the order has not yet been paid for then an invoice will be raised for the amount concerned and sent to the responsible party. b) Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made. If the order has not yet been paid for then an invoice will be raised for the amount concerned and sent to the responsible party.
11. Deliveries and Risk Passagea) Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery. b) Delivery will be completed, and the risk in the Products shall pass to the Customer on handover of the Product to a transport/courier company. This shall apply regardless of who bears the delivery costs, and even if the Products are transported by the Supplier’s own employees. c) If delivery is delayed for reasons for which the Customer is responsible, risk shall pass to the Customer from the date on which the Supplier has notified the Customer that the Products to be delivered are ready for dispatch. d) If the Customer fails to take delivery of the Products, the Supplier shall not be obliged to store the Products safely for the Customer, unless the delay is caused by a Force Majeure Event or breach by the Supplier of its obligations and the Supplier shall be entitled to destroy the delivery after checking that dispatch was properly effected, after notifying the Customer, and after expiry of a reasonable time limit for collection, without affecting the Supplier’s claim for payment of the price for such Products. Temporary storage shall be at the Customer’s cost and risk. e) All goods, delivered or not, remain our property until payment is received in full. The Supplier accepts no responsibility for deliveries being missed due to non-payment. It is the customers responsibility to ensure that full payment is made before delivery can take place.
12. Quantity Variation & Changes to Ordersa) The Supplier shall be deemed to have fulfilled its contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered. b) Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
13. Claimsa) Claims arising from damages, delay, partial loss in transit, quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract. b) You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery. c) Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice. d) the Supplier requires any printing to be returned in full before agreeing to reprint. If the Supplier deem the printing to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
14. Website Content and Third-Party Links
14.1 Supplier Website Contenta) All of the content on the Website is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) the Supplier and is protected by copyright law and other intellectual property rights. b) The Supplier content includes any information or other material found on or via The Supplier, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website. c) We make the content available through the Website for your personal, non-commercial use only. You may view the Website pages and content online and print a copy of this Agreement for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Websites without our prior written consent.
15. Force MajeureThe Supplier shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.
16. Governing Law and Dispute Resolutiona) The Client agrees that the laws and regulations of England and Wales govern this Agreement, its subject matter, and any claim or dispute that you may have against us. b) The Client further agrees that any disputes or claims that you may have against us will be resolved amicably and in good faith between you and the Supplier, prior to resorting to binding Arbitration in accordance with the arbitration rules and procedures of the United Kingdom.
17. Changesa) We may modify or change any part of this Agreement at any time, without prior notice. You can review the most current version of this Agreement by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking his Agreement periodically for any changes. b) If you continue to access the Website after we make any changes to this Agreement, you are signifying your acceptance of the new terms.
18. Entire AgreementThis Agreement, together with other applicable policies available on our Website, constitutes the entire and exclusive understanding and agreement between the Client and the Supplier regarding its subject matter and supersedes any and all previous understandings and agreements, whether written or oral, regarding such subject matter.
19. Contacting UsIf you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us. Top of page
Current Version: 2.2
Data Protection PrinciplesWe promise to follow the following data protection principles:
- Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
- Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
- Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
- Processing is limited with a time period. We will not store your personal data for longer than needed.
- We will do our best to ensure the accuracy of data.
- We will do our best to ensure the integrity and confidentiality of data.
Data Subject's RightsThe Data Subject has the following rights:
- Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
- Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
- Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
- Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
- Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
- Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
- Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
- Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
- Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
- Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
- Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.
1. Personal Identification Informationa) We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Website, register on the Website, place an order, subscribe to the newsletter, respond to a survey, fill out a form, purchase Products, and in connection with other activities, services, features or resources we make available on our Website. b) Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Website anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website related activities.
2. Non-Personal Identification Informationa) We may collect non-personal identification information about Users whenever they interact with our Website. b) Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Website, such as the operating system and the Internet service providers utilised and other similar information.
- Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don't collect any Personal Data.
- Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don't have to re-enter this information next time when commenting.
- Analytics cookies - these cookies are used to track the use and performance of our website and services
- Advertising cookies - these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
4. How We Use Collected Personal DataMade In The Moon may collect and use Users Personal Data for the following purposes:
- To improve customer service Personal Data you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalise user experience We may use Personal Data in the aggregate to understand how our Users as a group purchase Products or use the services and resources provided on our Website.
- To improve our Website/Products We may use feedback you provide to improve our Website and Products.
- To process payments We may use the information Users provide about themselves when placing an order for Products. We do not share this Personal Data with outside parties except to the extent necessary to complete an order for the Products.
- To run a promotion, contest, survey or other Website feature To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Website.
- To request a review We may use the email address to send User an email through the trusted review company, TrustPilot. This email is sent out automatically with every order placed through the Website and we may send you a request to review our Company when contacting us through email.
5. Storing Your Personal Data
How long will you use my personal data for?a) We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep basic Personal Data about our customers (including Contact, Identity, Financial and Transaction Data) for [six] years after they cease being customers for tax purposes. b) We retain pending, failed and cancelled orders for [two] weeks, you may receive an email reminding you that there are items in your basket. c) We retain inactive accounts and completed orders for [two] years, the time will be reset when you log in to your account or make an order with us using your account. In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
6. How We Protect Your Personal Dataa) We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your Personal Data, username, password, transaction information and data stored on our Website. b) Sensitive and private data exchange between the Website and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. c) Even though we try our best we can not guarantee the security of Personal Data. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur. d) If you have an account with us, note that you have to keep your username and password secret.
8. Social NetworksIf you connect to a Social Network, information such as your profile photo, your name, birth year and approximate location will be collected from your Social Network profile and used to identify you on the Website. If you have chosen to preserve anonymity by using a pseudonym for your Made in the Moon username, be aware that information from Social Network(s) can reveal your identity in part or in full.
Social LoginWe collect your public profile data only from your consent that you grant before initiating Social Login, from the social network used to login at our website. This data includes your first name, last name, email address, link to your social media profile, unique identifier, link to social profile avatar. This data is used to create your user profile at our website. You can revoke this consent at any time by sending us an email.
9. Who Else Can Access Your Personal DataWe do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with: Connected third parties:
10. Access To Personal DataIn accordance with the Data Protection Act 1998 you have the right to access any personal data that we hold relating to you. If you would like a copy of this information, please use the Data Compliance page on our website.
13. Childrena) We do not intend to collect or knowingly collect Personal Data from children. We do not target children with our services.
14. Your Acceptance Of These Termsa) By accessing this Website, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Website. b) Your continued access to the Website following the posting of changes to this policy will be deemed your acceptance of those changes.
15. Contact InformationSupervisory Authority Email: firstname.lastname@example.org Phone: +44 1625 545 745
GDPR ComplianceLink to our GDPR Compliance page
Current Version: 1.4