Terms and conditions

In this contract:

  • ‘We’, ‘us’ or ‘our’ means Moonlight Crate;

  • ‘You’ or ‘your’ means the person using our site to buy goods from us.

If you do not understand any of this contract and want to talk to us about it, please contact us by email on moonlightcrate@gmail.com

Introduction

  1. If you buy goods from our website, you agree to be legally bound by this contract.

  2. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  3. You may only buy goods from our site for non-business reasons.

  4. When buying any goods you also agree to be legally bound by:

    • our Website Terms and Conditions and any documents referred to in them;

    • extra terms which may add to, or replace some of, this contract.

    • specific terms which apply to certain goods.
      All of the above documents form part of this contract as though set out in full here.

Information we give you

  1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please  contact us using the details provided.

  2. The key information we give you by law forms part of this contract (as though it is set out in full here).

  3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

Your privacy and personal information

  1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

  2. Our Privacy Policy is available at our website.

Ordering goods from us

  1. Below, we set out how a legally binding contract between you and us is made.

  2. When you place an order on our website, please read and check your order carefully before submitting it.

  3. For Orders of our “Book Subscription Box” Product the goods included in the ordered box will remain unknown until receiving the box. The number of goods within your ordered box will be announced on the website and hence will be included in the contract formed.

  4. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

  5. We may contact you to say that we do not accept your order. This is typically for the following reasons:

  • the goods are unavailable;

  • we cannot authorise your payment;

  • you are not allowed to buy the goods from us;

  • we are not allowed to sell the goods to you;

  • you have ordered too many goods; or there has been a mistake on the pricing or description of the goods.

    6. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

  • a legally binding contract will be in place between you and us; and 
  • we will dispatch the goods to you.

     7. We will process your order Monday to Friday excluding UK Bank Holidays. We operate a limited-service between December 24 and January 2 so there may be a delay in processing your order during this period.

     8.If you are under the age of 18 you may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.

     9. Any quotation is valid for a maximum period of 1 day from its date unless we expressly withdraw it at an earlier time.

Right to cancel this contract

  1. We believe all of our products should meet the high standards of our customers so if you are not completely satisfied with your online purchase, we are happy to refund unworn, full priced items provided that you notify us within 14 days (from the day the goods were delivered to you). This is referred to as cancellation of the contract.

  2. For full details of our returns service and policy, please see our website.

Effects of cancellation

  1. If you cancel this contract, we will reimburse to you all payments received from you (except for the supplementary costs arising if you chose a type of delivery other than standard delivery fees).

  2. We may make a deduction from the reimbursement for loss in value of any goods supplied, or may not be able to provide a refund, if:

    • the loss is the result of unnecessary handling by you,

    • the goods are returned not in their original condition, are damaged or missing parts for reasons not due to our error,

    • any item returned more than 30 days after delivery.

  3. We will make the reimbursement without undue delay, and not later than:

    • 14 days after the day we received back from you any goods supplied; or

    • (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

    • if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

  4. We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.

  5. If you have received goods, you should follow the returns policy stated on our website and:

    • you shall send back the goods to us without undue delay and in any event not later than 14 days from the date of delivery,

    • you are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods, and

    • please be aware that we do not accept returns on certain products due to health and hygiene reasons.

Delivery

  1. We use third party couriers to deliver our goods. If you want to see your delivery options, visit our website before you place your order.

  2. For a selection of countries you have the option to select Standard or Tracked shipping.

    • Tracked Shipping - Products sent on a tracked service are insured by our courier therefore we cover up to 100% of damages or losses, but take each case on a case by case basis. If you have tracked shipping and your product has been marked as delivered but you have not received your product, you have up to 30 days from the dispatch date to notify us and begin a claim. Any claims after the 30 day period will not be entitled to a full refund. In the event that your box has not been delivered due to an incorrect address/insufficient information, we will not issue a refund.IIf your box has arrived damaged or items are missing, you have up to 14 days to notify us and begin a claim. You will be required to provide photographic evidence. Any claims submitted after 15 days will not be entitled to a full refund.

    • Standard/Economy Shipping - Products sent on an untracked service might arrive 30 days or more after shipment and do not provide any tracking information for the shipment. If you have untracked shipping and your product has been undelivered, arrived damaged or items are missing, you have up to 5 weeks within the dispatch date to notify us and begin a claim. Any claims after this time will not be entitled to a full refund.

  3. If something happens which is outside of our control; and affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods.

  4. Delivery of the goods will take place when we deliver them to the address that you gave to us.

  5. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

    • let you know;

    • cancel your order; and

    • give you a refund.

  6. If nobody is available to take delivery, please contact us using the contact details provided.

  7. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

  8. We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.

  9. If we are unable to deliver your products, and such failure is your fault, we may agree to arrange for re-delivery of the products, however, you may incur additional costs of re-delivery (even where the initial delivery was free of charge).

  10. Delivery will usually take place Monday to Friday but excluding all UK Bank Holidays.

  11. The Customer is responsible for any import taxes imposed by their home country. Please take these fees into account when buying. Customers located in a country within the European Union will not incur any import fees. Outside of the European Union you will need to look up the import duty threshold and rates for your country to determine if and how much you will pay in VAT/duty/handling fees.

Payment

  1. We accept payment by PayPal and credit/debit card; we do not accept cash.

  2. The subscription plan to our Services consist of an initial pre-authorisation (not a charge) of your bank card and then followed by recurring period charges as agreed to by you. The date of the recurring charges will be specified in the selected subscription plan on our website and in your confirmation email. By entering into this Agreement, you acknowledge that your subscription has an initial pre-authorisation and recurring payment feature; and you accept responsibility for all recurring charges prior to deactivation. Moonlight Crate may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method.

    • By subscribing to Moonlight Crate you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

  3. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

  4. We may need to use extra security steps via Paypal.

  5. If your payment is not received by us and you have already received the goods, you:

    • must pay for such goods within 14 days; or

    • must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

  6. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

  7. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Right To Cancel This Contract and Effects of Cancellation.

  8. The price of the goods:

    • is in pounds sterling (£)(GBP);

    •  includes VAT at the applicable rate; and

    • does not always include the cost of delivering the goods (if you want delivery options and costs, visit our webpage).

Nature of the goods

  1. We must provide you with goods that comply with your legal rights.
  2. The packaging of the goods may be different from those shown on the site.
  3. While we try to make sure that:

    • all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 7% in such weights, sizes and measurements; and

    • the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

  4. Any goods sold:

    • at discount prices;

    • as remnants; or

    • as substandard;

    • will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

  5. If we can’t supply certain goods we may need to substitute them with alternative goods of equal standard and value or refund your payment. In this case:

    • we will let you know if we intend to do this but this may not always be possible; and

    • you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

Faulty goods

  1. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

  2. Please contact us, if you want:

    • us to replace the goods;

    • a price reduction; or

    • to reject the goods and get a refund.

End of the contract

If this contract is ended under Right To Cancel This Contract above it will not affect our right to receive any money which you owe to us under this contract.

Limit on our responsibility to you

  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

    • losses that:

      • were not foreseeable to you and us when the contract was formed; or

      • that were not caused by any breach on our part;

    • business losses; and

    • losses to non-consumers.

Disputes

  1. We will try to resolve any disputes with you quickly and efficiently.

  2. If you are unhappy with:

    • the goods

    • our service to you

    • any other matter

    • please contact us as soon as possible.

  3. If we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you

  4. You may use Alternative Dispute Resolution (ADR) to resolve the dispute with us, before court proceedings.

  5. If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms.

  6. The laws of England and Wales only will apply to this contract.

Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

 

Privacy Policy

We retain and use all information strictly under the Privacy Policy.

  1. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

  2. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  3. We are a Data Controller of the Personal Data we Process in providing Goods to you.

  4. 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.

  5. We employ the use of cookies. By using Moonlight Crate's website youc onsent to the use of cookies in accordance with Moonlight Crate’s privacy policy.  Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

  6. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

  7. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service

  8. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Unless otherwise stated, Moonlight Crate and/or it’s licensors own the intellectual property rights for all material on Moonlight Crate. All intellectual property rights are reserved. You may view and/or print pages from http://www.moonlightcrate.com for your own personal use subject to restrictions set in these terms and conditions. You must not:
a. Republish material from http://www.moonlightcrate.com
b.  Sell, rent or sub-license material from http://www.moonlightcrate.com
c.  Reproduce, duplicate or copy material from http://www.moonlightcrate.com
d. Redistribute content from Moonlight Crate (unless content is specifically made for redistribution).

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.