Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Mystical Moon __________, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Mystical Moon __________ and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Mystical Moon __________ and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual Property and Acceptable Use
1. All Content included on the Website, unless uploaded by Users, is the property of Mystical Moon __________, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a device
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Mystical Moon __________.
Prohibited Use
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to Other Websites
9. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Mystical Moon __________ or that of our affiliates.
10. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and Disclaimers
12. Any online facilities, tools, services or information that Mystical Moon __________ makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Mystical Moon __________ is under no obligation to update information on the Website.
13. Whilst Mystical Moon __________ uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
14. Mystical Moon __________ accepts no liability for any disruption or non-availability of the Website.
15. Mystical Moon __________ reserves the right to alter, suspend or discontinue any part (or the whole) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of Liability
16. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
17. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
18. To the maximum extent permitted by law, Mystical Moon __________ accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
General
19. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
20. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
21. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
22. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
23. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
24. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
25. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Mystical Moon __________ Details
26. Mystical Moon __________ of 3 Fore Street, Polperro, Cornwall, PL13 2QR operates the Website www.mystical-moon.co.uk.
You can contact Mystical Moon __________ by email on mysticalmoonpolperro@gmail.com.
Attribution
27. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
We hope that you enjoy the purchases you make from Mystical Moon. However, if you wish to return an item, you may do so in accordance with your statutory rights or in accordance with this Returns Policy.
How to Return an Item
As an alternative to the return options provided by your statutory rights, customers may return items purchased from Mystical Moon under this Returns Policy in accordance with the following terms:
1. Returns made under this Returns Policy must be made within 14 days of purchase, in the case of items purchased in-person (e.g. from a store, at a market, or from a sales representative), or within 28 days of delivery of an item, in the case of items purchased remotely (e.g. via our website or a mobile app).
2. Items to be returned must:
a. Be in perfect condition.
3. To start the returns process, you should complete the returns slip included with your order and give this back to us in-person (e.g. in-store) with the item(s) to be returned, or post the slip with the item(s) to 3 Fore Street, Polperro, Cornwall, PL13 2QR, England Royal Mail Signed For 1st Class post.
Entitlement to a Refund
When a return is made following the requirements and procedures set out in this Returns Policy, a customer is entitled to a full refund of the price you paid for the item(s):
1. Taking into account any discounts that were applied at the time of purchase.
2. Exclusive of any shipping costs paid.
Processing Returns
Once we have received an item you wish to return:
1. We will check the item you have returned within, wherever possible, 14 days. We may be able to check items returned in-store immediately.
2. If we confirm that the item and your returns procedure comply with the requirements set out in this Returns Policy:
a. We will let you know that your return has been received and accepted.
b. You will receive a refund via your original payment method, usually within 14 days of a return being accepted.
3. If the item returned or your returns procedure does not comply with the requirements set out in this Returns Policy:
a. We will let you know why your return has not been accepted.
b. We may offer a reduced refund (e.g. if an item is returned damaged).
c. You will have the option to take the item back (note that you may be required to pay for shipping if necessary).
Exchanges
If you wish to exchange an item purchased for another item (e.g. the same product in a different size or colour), you should return the purchased item as usual (i.e. as set out above) and make a new purchase of the new item you wish to have.
A Customer’s Statutory Rights
The returns process provided under this Returns Policy is provided in addition to customers’ statutory rights and this Returns Policy does not diminish these statutory rights in any way - it simply provides our customers with an additional returns option.
A customer has a statutory right to a refund in certain circumstances. For example, you may have a right to a refund if a product is not of satisfactory quality or not fit for purpose. Or, if you’re a consumer, you may have a right to simply change your mind and cancel your order in certain circumstances (i.e. your cancellation rights).
Exactly which rights apply to your situation will depend on the circumstances of your purchase. For example, whether you purchased as a consumer or a business; whether you purchased online or in-store; and whether you purchased digital content or other items. For more information on your rights in relation to your purchase:
1. See the Terms and Conditions that cover your purchase. You will have been shown or given these during the purchase process.
2. You can contact us at mysticalmoonpolperro@gmail.com to request a copy of the relevant Terms and Conditions, to ask which of our Terms and Conditions are applicable to your purchase, or to request more information about your rights.
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