As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01803 605762.
Please note that the lead time is an estimate and not the amount of time that it will take to make your piece, rather the estimated completion time. Your order will now join our queue, once we begin to make your piece we will let you know (we will want to double check everything with you and confirm colours and sketches) and then be able to give you a delivery date. Working with reclaimed timber can present some unique challenges that can delay a piece in the order flow before you, or your piece. Add to that the current public heath situation and there are many factors that could act together to delay your piece. If you have an absolute no later than delivery date, please do let us know before making payment and formally placing your order and we will do our best to accommodate you.
We do not take deposits (then final payments) as once we accept your order; we take your chosen piece of timber off sale and order your cable and components ready to make your piece.
Bulbs are not included as they vary in cost depending on the size and shape that you choose. You are free to purchase bulbs yourselves from another supplier, there is a wide variety available in shops and online. If you purchase bulbs through us you will receive a 10% discount as you have ordered a fixture from us. Please see our webshop at www.mooboohome.co.uk/store to view the range of bulbs that we stock and take a look at our gallery to see them in action.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are MooBoo Home Ltd a company registered in England and Wales under number 10880276 whose registered office is at 100 Hartop Road, Torquay, Devon, TQ1 4QJ with email address mooboohome@icloud.com; telephone number 01803605762; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order as discussed in person, over the phone or via email and confirmed via email in the quote;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.mooboohome.co.uk on which the Goods are advertised.
Goods
11. The description of the Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
14. We retain and use all information strictly under the Privacy Policy.
15. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
16. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
17. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
Price and Payment
18. The price of the Goods and any additional delivery or other charges is that set out on the Website or in store at the date of the Order or such other price as we may agree in writing.
19. Prices and charges include VAT at the rate applicable at the time of the Order.
20. You must pay by bank transfer on receipt of our invoice 100% of the invoice total to secure your order or by card at the time of ordering in the studio. We do not take deposits or part payments.
Delivery
21. We will deliver the Goods to the Delivery Location by the time or within the agreed period if a date is specified at the point of order. Please note that as we work with reclaimed wood, we sometimes run into issues that require extra time and creative solutions and this may delay your order, or delay a previous order, which in turn delays the start of your fixture/piece – should such issues occur, that will delay your order, we will let you now as soon as possible. The shipping time detailed in your invoice is an estimate of completion, and unless a date is specified and agreed at the time of ordering, should be used only as a guide. As soon as we begin to make your order, we will let you know and keep in touch throughout the making process, and as soon as possible give you a dispatch date. In these unprecedented times we may also need to suspend business due to required isolation from contact tracing or Coronavirus symptoms. We are family business and either event would mean the temporary closure of our business under the guidance, and for the period of time as set out by HM Government. We cannot be held responsible for delays that occur to your order, even in the event of an agreed dispatch date, should this or a further lockdown of businesses due to the pandemic or other public health emergency occur. We will inform you as soon as possible should there be an unexpected delay to your order.
22. We do deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. For delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
23. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
24. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
25. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
26. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
Withdrawal, returns and cancellation
27. You can withdraw the Order by telling us within 7 days of payment. We are unable to cancel the contract and offer a refund if:
a. goods that are made to your specifications or are clearly personalised;
b. we have begun making your order, or have ordered in your cable and component parts.
Right to cancel
28. Subject as stated in these Terms and Conditions, you can cancel this contract within 7 days without giving any reason.
29. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email).
30. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
31. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) as long as we have not begun to make your order and that it is less than 7 days after placing the order.
Deduction for Goods supplied to a retail business
32. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
33. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
34. We do not accept returns unless the goods are faulty. In the event of a fault we will endeavour to rectify the fault. If we are unable to rectify the fault, we will offer a full refund.
35. You must return the Goods or hand them over to us at 4 Stable Yard Studios, Cockington Court Craft Centre, Cockington, Devon TQ2 6XA without delay and via a tracked service and in any event not later than 14 days from the day on which you communicate to us the fault.
Conformity and Guarantee
36. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
37. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
38. It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
39. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
40. In the event of any failure by a party because of something beyond its reasonable control (for example isolation or lockdown of business required by HM Government due to Coronavirus or any other public health issue):
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above right to cancel.
Privacy
41. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
42. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.mooboohome.co.uk/privacy).
43. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
44. We are a Data Controller of the Personal Data we Process in providing Goods to you.
45. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
46. For any enquiries or complaints regarding data privacy, you can contact at the following e-mail address: mooboohome@icloud.com
Excluding liability
47. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
48. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
49. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
50. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Attribution
51. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
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