Made In The Moon
Terms and 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 Moon
a) 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.
In 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 Work
a) 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 Payments
a) 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 Indemnity
a) 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.
a) 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 Services
a) 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 Charges
a) 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 Charges
a) 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 Passage
a) 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 Orders
a) 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.
a) 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 Content
a) 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.
14.2 Third Party Links
a) You acknowledge that we may include links to third-party Websites. We do not review these third-party Websites nor have any control over them, and we are not responsible for the Websites or their content or availability.
b) We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.
15. Force Majeure
The 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 Resolution
a) 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.
a) 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 Agreement
This 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 Us
If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.