FOR MOSEVIC LIMITED
These Terms will apply to any contract between Mosevic Limited and you for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Should you refuse to accept our Terms, you will not be permitted to place an order on our site.
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, as set out in clause 8. Every time you order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
Our site is operated by Mosevic Limited (“We”). We are a limited company, registered in England and Wales under company number 08687867. Our registered office is Unit 4, Viaduct Works, Ponsanooth, Truro, Cornwall, TR37JW
If you would like to contact us, for whatever reason, please call us on +44(0)1872 859738 or email us at firstname.lastname@example.org. Alternatively, you can write to us at Unit 4, Viaduct works, Ponsanooth, Truro, Cornwall, TR37JW, UK. If you are writing to us, either by post or by e-mail, please ensure you include details of your order to help us identify it. Where notification has been sent by post or by email, cancellation will be effective from the date notification was sent.
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 reflect the colour of the Products. Your Products may vary slightly from those images.
USE OF OUR SITE
Your use of our site is governed by our Website Terms and Conditions of Use.
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
Certain Products on our site may only be available for purchase if you satisfy the legal age requirement. These Products will be clearly marked as being age restricted. If you do not satisfy the legal age requirement you must not attempt to purchase these Products.
IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our site will guide you through the ordering process and allow you to check and amend your order before submitting it to us. Please ensure that your order is correct before completing the ordering process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Acknowledgement”). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
We will confirm our acceptance of your order by sending you an e-mail confirming that your order has been processed and is ready to be dispatched (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
If we are unable to supply you with a Product, for whatever reason, we will notify you by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. Alternatively, if you do not want to cancel your order, we will, at your request, provide you with an alternative Product or Products of equal value to the Product(s) you have ordered.
OUR RIGHT TO VARY THESE TERMS
We may amend these Terms from time to time.
When you place an order with us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
In the event that we amend these Terms, we will contact you to give you reasonable notice of the changes we are making to the Terms, the Products which have been affected, and how these changes apply to your order. If you are not agreeable to the changes, you can cancel your order. For details on how to cancel an order, please see clause 9. You may cancel the order for all of the affected Products, or just those which you are yet to receive. If you choose to cancel your order, you must return the any Products which you have received which are affected by your cancellation of the Contract and we will arrange a full refund of the price you paid, including any delivery costs.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
As a consumer, you have a legal right to cancel a Contract under the Regulations during the period set out below in clause 9.3. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, please note that this cancellation right does not apply in the case of bespoke or custom made goods.
Your legal right to cancel a Contract starts from the date we accept your order (by sending you an Order Confirmation). The deadline for cancelling the Contract is dependant on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product; Or multiple products delivered in one instalment
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for either One Product which is delivered in instalments on separate days; Or multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
To cancel a Contract, please complete the cancellation form on our website [INSERT LINK TO CANCELLATION FORM]. Alternatively you can call us on +44(0)1872 859738 or email us at email@example.com. Alternatively, you can write to us at Unit 4, Viaduct works, Ponsanooth, Truro, Cornwall, TR37JW, UK. If you are writing to us, either by post or by e-mail, please ensure you include details of your order to help us identify it. Where notification has been sent by post or by email, cancellation will be effective from the date notification was sent.
If you cancel your Contract we will, in accordance with these Terms:
Refund you the price you paid for the Products. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
Refund any delivery costs you have paid. However, please note that we are permitted by law to limit the refund of delivery costs to the value of the least expensive delivery method we offer provided this is a common and generally acceptable method.
Any refunds due to you will be made within the deadlines as set out below:
If you have received the product, we will refund you no later than 14 days from the date we receive the product back from you or, if earlier, the date on which you provide us with sufficient evidence that you have sent the Product back to us;
if you have not received the Product, no later than 14 days from the date you cancel the Contract;
For information about how to return a product to us, please see clause 9.9.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
Refunds will be issued to the credit or debit card used by you to pay when you placed your order. If you used vouchers or gift certificates to pay for the Product, we reserve the right to refund you in vouchers or gift certificates.
If a Product has been delivered to you before you decide to cancel your Contract:
you must return it to us without undue delay and in any event not later than 14 days from the date you cancelled the contract. Goods must be returned to [ADDRESS];
unless the Product is faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery;
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
We will contact you with an estimated delivery date, which will be within 30 days of the date of the Order Confirmation Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
If we are delivering the Products and no one is available at your address to take delivery, we will notify you that the Products have been returned to our premises, or that of our courier. You will be advised of when we intend to deliver the Products; however, if our proposed delivery date is not suitable, you can contact us, or our courier, to rearrange delivery.
Delivery of an order shall be completed when we deliver the Products to the address you gave us, or if you or a carrier organised by you collect them from us, the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.
If we fail to meet the 30 day delivery deadline you may cancel your order straight away if any of the following apply:
we have refused to deliver the Products;
delivery within the deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable. If we do not meet the new deadline for delivery, you can cancel your order immediately.
If you choose to cancel your order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, at our cost. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
Our Products are available for delivery internationally.
PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for information on our policies if we discover an error in the price of Product(s) you ordered.
The prices for our Products may change from time to time; however, such changes will not affect any order you have already placed.
The price of a Product includes VAT (where applicable) at the current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we are under no obligation to provide the Products to you at the incorrect (lower) price; and
if the Product's correct price is higher than the price stated on our site, we will notify you immediately, at which time we will give you the option to continue to purchase the Product at the correct price or cancelling your order.
HOW TO PAY
You can only pay for Products using a debit card or credit card. We accept Visa, MasterCard and American Express.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 14.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
This clause 15 only applies if you are a consumer.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
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. Event Outside Our Control is defined below in clause 16.2.
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 under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract 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.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
COMMUNICATIONS BETWEEN US
When we refer, in these Terms, to "in writing", this will include e-mail.
If you are a consumer you may contact us as described in clause 1.2.
If you are a business:
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at midday on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail,that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with a Contract shall be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Ref: LH/MOSE-36-1/Mosevic Limited/Distance Selling Policy