Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
STANDARD TERMS AND CONDITIONS FOR SUPPLY
OF PRODUCTS AND SERVICES
OF
MOONALABS LTD
- THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply products to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 Definitions
1.3.1 “We”, “Us”, “The Company”, “The Supplier”, means Moonalabs Ltd
1.3.2 “You”, “The Customer” means any person who purchases Products or Services from Moonalabs Ltd
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are a Limited Liability Company operating as Moonalabs Ltd. Our VAT number is 379534060.
2.2. How to contact us. You can contact us via any of the following means:
- Post: Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or because we are unable to deliver to your delivery location.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK mainland. Our brochure and website are solely for the promotion of our products in the UK mainland. We do not accept orders from or deliver to addresses outside the UK mainland.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products in our brochure and our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure or on our website accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website and in our brochure are subject to reasonable levels of tolerance.
4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. If you require information and tips on how to measure please contact us.
- YOUR RIGHTS TO MAKE CHANGES
5.1 Product changes. If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a cosmetic issue (these changes will not affect your use of the product).
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product in our brochure or on our website, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
- PROVIDING THE PRODUCTS
7.1 Delivery costs. Delivery costs are included with our prices. We do not sell products without delivery.
7.2 Delivery Criteria. If you are providing the base, it must be solid, of the correct size and within 6mm of level across the whole base. Unless otherwise agreed in writing by both parties, the base must be at least 300mm away from any obstructions such as fences, hedges, etc. Access must be a clear, walkable route at least 700mm wide. The base must not be more than a reasonable distance from our delivery trailer so that our product can be carried to the site of installation.
7.3 Height restrictions. Any height restrictions on the access route must be notified to us in writing.
7.4 Access. Where access to the site of installation or a base is through your property, it is your responsibility to protect the floors and walls of your property as deemed appropriate.
7.5 Parking. Any parking restrictions or permits required must be obtained by you before our arrival and you must have in place all that is necessary to ensure legal and safe parking of our delivery vehicle and trailer immediately upon our arrival.
7.6 Base level. Where you ordered a base from us, either ground screws, concrete plinths, or any other, the site where the base is required must be clear of plants, rubble and any obstacles. The area of ground where the base is to be sited must be within 30mm of level.
7.7 Electricians. Unless previously agreed in writing, we will only complete the internal wiring and installation of switches, sockets, ports, lights and other electrical fixtures including the internal consumer unit. It will then be your responsibility to ensure that a qualified electrician installs a suitable armoured cable directly from our mains fuse box and connects it to the internal consumer unit that has been installed by us. It is the responsibility of the electrician completing the full connection to certify the electrical works.
7.8 If and when we have agreed to do the electrical installation every effort is made to provide an accurate quotation for electrical works. It is your responsibility to ensure that a suitable cable is available at the site for connection to the garden room and the power is drawn directly from the mains
- fuse box. We cannot be held liable should the cable prove to be unsuitable or inadequate. We reserve the right to refuse to complete electrical work or to apply additional charges where a connection is not possible with the current power source/consumer unit. You will be informed and quoted prior to any necessary additional works being carried out.
7.9 The company website, brochure and any elevation drawings serve as a guide only and do not form part of any contract.
7.10 The company make every effort to be as accurate as possible however precise measurements indicated on our website, in our brochures and on any order documentation are subject to reasonable levels of tolerance.
7.11 The company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the company or for drastic changes in material costs. The company will always endeavour to inform you when any significant specifications are to be amended.
7.12 When we will provide the products. Because our products are made to order our manufacturing and delivery lead times vary throughout the year depending on demand. As soon as reasonably
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
possible we will contact you to agree a delivery timeframe. We will then contact you again closer to the delivery date to agree a firm date or period for delivery.
7.13 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of longer than twelve weeks you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.14 Severe weather conditions. From time to time, severe weather conditions (heavy snow, strong winds, storms) may occur which may mean that we are unable to deliver and install your product. We will act as quickly as we are able to inform you and to reschedule the delivery and installation of the product as soon as is reasonably practicable.
7.15 You must be present when the product is delivered. We require you to be present when we arrive to install the product. Once the installation team or builder is settled then you may choose to leave. However we require the person whose name appears on the invoice to be present on completion of the installation as part of our sign-off procedure.
7.16 If you are not at home when the product is delivered. If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery. This will be subject to additional costs.
7.17 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and we will charge you additional costs incurred by us to make a return visit. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
7.18 If you do not allow us access to provide services. If you do not allow us access to your property as arranged (and you do not have a good reason for this) or the delivery criteria are not met we will charge you additional costs incurred by us as a result and this must be paid in full before we return to install the product. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract
7.19 Unsafe access. If our installers, on arrival to your premises, deem the premises, (including the access route or site of base) to carry features or be in a state that may carry risk to them or the product, we reserve the right to deliver the product to a safe point on or at the entrance of your premises without installation.
7.20 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.21 When you own the products. You own a product on the later of delivery or once we have received payment in full.
7.22 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.22.1 deal with technical problems or make minor technical changes;
7.22.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.22.3 make changes to the product as requested by you or notified by us to you (see clause 6); or
7.22.4 if you do not make a payment by a due date
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
- PLANNING PERMISSION
8.1 Planning consent is not always required however, it is the customer’s responsibility to ensure that planning consent is not required for the installation of the outbuilding. We recommend you seek clarification from your local planning authority. We will not be held liable for any breach of Permitted Development/Planning regulations applicable to your property.
8.2 If the site is in a Conservation Area we recommend that the customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.
8.3 If the customer has been provided with design/CGI or specification drawings and they choose to cancel their order the initial deposit is non-refundable.
8.4 The customer is responsible for ensuring that their building and its location complies with their Planning Approval conditions. We will not be liable for any changes a customer may make to the design, specification or location of a building once a Planning Application has been submitted or approved.
- CANCELLATIONS
9.1 As all products designed and manufactured by us are made-to-order, and to customer specifications, they are exempt from cancellation rights. If you cancel an order once the initial deposit has been paid, no refund will be given. The customer accepts that the balance of the deposit is non-refundable as once this payment has been made to the company the order is put into full production.
9.2 If you cancel an order once the production has commenced you will forfeit the total sales price in full unless an alternative agreement has been agreed upon in writing.
- WORK ON SITE
10.1 The customer is responsible for preparing the site as per the written notes on their Sales Order and any discussion that takes place with the Site Surveyor at the time of sale.
10.2 The customer is responsible for providing all necessary parking permits, access and permissions in advance of the base and building installation dates. Access to electricity and water is required on site.
10.3 In accordance with the Site Preparation Notes all sites/bases must be level with correct drainage in place, a clearance of no less than 400mm is required in addition to the external dimensions of the building to allow construction.
10.4 Failure to complete the necessary preparations may result in a delay or, in certain circumstances, cancellation of the installation schedule.
10.5 The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
10.6 We take extreme care to avoid any damage to the Customer’s property. However, the Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.
10.7 We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.
10.8 The company will install materials, fittings or appliances supplied by the customer on a good will basis only. The company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the Sales Order prior to the team visiting site.
10.9 The company reserves the right to withdraw its employees or designated contractors from site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment/conditions with the customer which must be carried out before works can continue.
10.10 All installation personnel have been trained and briefed on safe working practices in accordance with current Health and Safety regulations.
10.11 We are covered by liability insurance up to £1million. Full details are available on request.
10.12 The site survey completed at the time of sale is a visual inspection only and the company cannot be held liable should any underground obstruction be discovered on commencement of works.
10.13 The company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the company’s ability to fulfil an order. In the event that the company cancel the total installation of an order a full refund will be given to the customer, unless it is found that such unforeseen circumstances have been directly caused by the customer.
10.14 Unless otherwise agreed, we will not be responsible for the quality of work or project managing third party contractors employed directly by the customer.
10.15 Any additional work briefed directly to a contractor on-site and not through the our Head Office Management Team will be regarded as non-contractual nor will we accept any liability for the works.
- IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 Customer service is important to us. Unless otherwise agreed, we will commence carrying out of repair works within 30 days of being notified. If the repair is considered to be detrimental to the product we will aim to carry out the repair within 14 days of being notified. However, at times of high demand on the installation of products it is possible that we will not commence repair in these periods.
11.2 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service on hello@moonalabs.com or 0204 509 1150.
11.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.4 Your key legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Subject to certain exceptions, all products will be as described, fit for purpose and of satisfactory quality. Our products are made from timber. Timber is a natural resource as such it expands and contracts according to weather conditions. If you live in a geographical area or particular location where products are exposed to long periods of rain or heat then it is possible that the timber on such products will expand or contract accordingly.
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
11.5 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. You can telephone our customer service on hello@moonalabs.com or 0204 509 1150.
- OUR GUARANTEE
12.1 One year guarantee. The following products carry a one year guarantee:
12.1.1 Ex-demonstration models;
12.2 On all our products except as noted in 12.1, we offer a 10-year, IWA insurance-backed transferable warranty on manufacturing and workmanship defects. As you would expect, our guarantee does not cover fair wear and tear or third party damage. If a product develops a fault within the guarantee period then we will arrange for it to be repaired including any parts and labour required.
12.3 We ensure the quality of our design and workmanship of all our products and expect them to provide a lifetime of enjoyment. Solid timber is a natural product and is responsive to changes in the environment. Any movement, cracking, joint separation or bowing in timber as a result of changes in humidity, fluctuating temperatures or direct sunlight is not covered under the guarantee.
12.4 Any items that have been damaged due to flooding or contact with water will void any warranty. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
12.5 The terms of your guarantee are as follows:
- Design and manufacturing faults to the structure of the building (including rot and corrosion)
- years (unless they come with their own, longer manufacturer guarantee):
- Internal misting in double glazing
- Door and window hinges and locks
- External decking (rot, corrosion and structural faults)
1 year (unless they come with their own, longer manufacturer guarantee):
- Internal linings and trim, floor covering, internal accessories, blinds
- Electrical installations and appliances, including underfloor heating and air conditioning units, electrical and network connections.
12.6 Buildings constructed by Moonalabs under ‘Permitted Development’ should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid. Guarantee excludes normal ‘wear and tear’ and decorated surfaces.
12.7 This guarantee does not cover:
12.7.1 Consumable parts, such as light bulbs, unless failure has occurred due to a defect in materials or workmanship;
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
12.7.2 Exposure to excess wear and tear, scratches, burns and/or breakage of glass. Similarly, damage caused by inappropriate use of cleaning products is not included.
12.7.3 Modifications, dismantling & reassembly, refurbishment or change in size performed by anyone who is not a representative of Moonalabs;
12.7.4 Spillage, scratches or breakage of hard surface (i.e. wood, acrylic, metal or glass components);
12.7.5 Placement in an inappropriate environment;
12.7.6 Damage caused by dismantling and reassembly by an unauthorised person(s);
12.7.7 No guarantee will be made by Moonalabs against the effects of weather exposure on the colour of the external cladding. Timber will naturally fade over time, it is recommended that that it is treated with protective coating after cleaning any dirt and debris with a damp cloth by the customer within 2 years of installation and every 1 year thereafter to preserve its original colour. A care and maintenance document will be provided to you following installation.
12.7.8 Door adjustments are not covered under guarantee and may be necessary from time to time. Adjustments can be easily carried out by the customer – please call our customer care for more details.
12.7.9 Superficial cracking of timber cladding and/or fascia boards is not covered under the guarantee.
12.7.10 No guarantee will be made against scratches or imperfections in/on the glass once the sign-off of the building inspection has been completed.
12.7.11 Where underfloor heating has been installed the customer must ensure that all furniture is raised on legs, the use of flat- base furniture will invalidate your guarantee.
12.8 Guarantee claims should be made with the Moonalabs customer service team upon discovery of the fault. Failure to report a fault immediately may invalidate your guarantee. Once agreed, a maintenance team will be dispatched to remedy the issues free of any charge. Moonalabs Ltd will not reimburse payments made to third party repair contractors without prior written consent.
12.9 If the customer is deemed to be responsible for any faults to the building, all costs associated with remedial works will be charged to the customer.
12.10 No guarantee will be made for materials, appliances or services supplied by the customer to be installed by Moonalabs Ltd. Such items are installed on a goodwill basis only.
12.11 It is the responsibility of the customer to ensure that the building is well ventilated. The company will not be liable for any moisture retention caused by lack of ventilation.
12.12 We strongly advise that all buildings are fitted with at least one opening window for ventilation purposes.
12.13 If the building is being used as a gym or exercise room it is important to maintain good ventilation. We recommend heating and ventilating your building before use and during use to avoid condensation on equipment.
12.14 It is the customer’s responsibility to ensure areas around the building are kept clear. An air gap under the sides and rear of the building must be maintained and clear of obstacles to ensure
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
vegetation and weeds do not make contact with the building and lead to possible intrusion within the building. This will also ensure that no moisture cannot be trapped underneath the building.
12.15 Gutters and roofs should be inspected and cleared of all debris a minimum of twice a year.
12.16 As with any external building, failure to clear gutters and keep air gaps maintained may result in damage to the breather fabric of the building which will invalidate your guarantee.
12.17 If remedial work is carried out and the defect is found to be a result of the customer failing to maintain a clear area around the building the work will be chargeable to the customer.
12.18 The Company’s liability shall not exceed the total purchase value of the Product and the taking of the steps it deems necessary to rectify any issues shall constitute an entire discharge of the Company’s liability under this warranty.
12.19 The Company shall not be deemed liable for subsidence to the garden room or of the surrounding installation site unless such subsidence is caused by the negligence of the Company during installation.
12.20 Any structural alteration made to the building by the customer or a third party employed by the customer will invalidate your guarantee and as such any related remedial works will be chargeable.
12.21 Transferring our guarantee. You may transfer our guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. The delivery receipt acts as proof of guarantee and we may require the person to whom the guarantee is transferred to provide this as reasonable evidence that they are now the owner of the relevant product.
- PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product will be the price agreed when you placed your order. No quotation is binding until an advance payment or full payment has been received. We take all reasonable care to ensure that the price of product advised to you is correct.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 When you must pay. As our products are made to your specifications and assembled to your order, you must make an advance payment before we accept your order. The payment schedule is the payment schedule agreed when you placed your order. This is recorded in your payment invoice, and is variable, depending on the product range and degree of customisation involved.
13.4 Advance payments and deposits. After an order has been placed, advance payments and deposits can be used against any other product. However, if there is no firm order and scheduled delivery is not in place one year after the date of the original order, that order will be deemed to be cancelled and the advance payment and deposit will be non-refundable.
13.5 How you must pay. We accept the following payment methods (please use your surname and invoice number as the reference):
- by debit card (extra 3% Shopify fee applies);
- by credit card (extra 3% Shopify fee applies);
- by cheque made payable to Moonalabs Ltd; and
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Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
+44 204 509 1150 www.moonalabs.com
- by BACS (HSBC, Sort code 40-18-00, Account number 70259934)
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information. We will use the personal information you provide to us:
15.1.1 to supply the products to you;
15.1.2 to process your payment for the products; and
15.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3 Third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.
- YOUR RIGHTS TO END THE CONTRACT
16.1 You can always end the contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
16.1.1 if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back);
16.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 16.2; and
16.1.3 in all other cases (if we are not at fault and there is no right to change your mind), see clause
16.3.
16.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at below the contract will end immediately and we will pay a refund to you for any products which have not been provided or have not been provided properly. The reasons are:
16.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
16.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
16.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
16.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
16.2.5 you have a legal right to end the contract because of something we have done wrong.
16.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 16.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment or your advance payment doesn’t cover such costs invoice you) reasonable compensation for the net costs we will incur as a result of your ending the contract. The costs we deduct will include (but may not be limited to) the following:
16.3.1 our administrative costs, e.g., what it costs us to cancel orders with suppliers and process your refund;
16.3.2 any costs we have incurred in starting to manufacture the product you ordered e.g., money we have spent on materials and/or labour (so the closer to delivery you cancel, the greater our costs will be);
16.3.3 if we have completed the manufacture of the product you have ordered, the difference between the price you would have paid us and the price we will be able to sell your product on the open market (bearing in mind that if your product is bespoke it is unlikely that we will be able to sell it at full price);
16.3.4 any storage costs we reasonably incur; and
16.3.5 any other costs we reasonably incur in connection with the cancellation of your order.
16.4 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect them from you. Please contact customer services on hello@moonalabs.com.
16.5 When you do not have a right to change your mind. You do not have a right to change your mind in respect of products that are made to your specification and/or that are clearly personalised.
16.6 When we will pay the costs of return. We will pay the costs of return:
16.6.1 if the product is faulty or misdescribed; or
16.6.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- OUR RIGHTS TO END THE CONTRACT
17.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
17.1.1 you do not make any payment to us when it is due; or
17.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
17.1.3 you do not, within a reasonable time, allow us to deliver the products to you; or
17.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
17.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 16.1 we will refund any money you have paid in advance for products we have not provided but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- OTHER IMPORTANT TERMS
18.1 We may transfer our rights to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in section 12.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
Rated Great on
GB
