Dark Moon Magic Terms and Conditions of Sale and Use of this website.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE
This page states the Terms and Conditions (the "terms") under which you may use the website located at www.darkmoonmagic.co.uk (the "website") and which govern our supply of goods to you.
These terms and conditions form a legally binding contract between us and you. Your acceptance of these terms and conditions is given when you purchase goods from us.
We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the Goods or the Website please contact us at firstname.lastname@example.org.
Information about the Website and the Goods
This section sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
Separate Notices and Disclaimers apply to your use of the Website. By accepting these terms and conditions you also agree to the Notices and Disclaimers.
The intellectual property rights in all software and content made available to you on or through the Website is our property or the property of our licensors and all such rights are reserved by us and our licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise. Personal use on a non-commercial basis may be granted upon obtaining written permission from us.
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
This section sets out some terms which apply to your purchase of goods from us through the Website.
You make an offer to purchase a product from us (your "Order") by completing the staged process on the Website.
Your Order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your order contains a series of offers for each product individually.
On receipt of your Order, we will send you an order acknowledgement email to the email address which you provide in the order process. This order acknowledgement email will contain your Order number,and details of the goods ordered. Note that this email is only to acknowledge that your Order has been received, and is not acceptance by us of any offers to purchase goods.
We must receive full payment both of the price of the goods and any delivery charges before we can accept any offers. If the payment has a status of 'Echeque' in Paypal, your goods will be processed for despatch as soon as the cheque clears (approximatley 7 days.)
An offer made by you to purchase a product shall only be deemed to be accepted by us when we despatch that product to you and send you an order despatch email which includes details of the product. We reserve the right to refuse any offers in an order prior to acceptance. If a product is not available we will include details of the unavailable product in the order despatch email. A product which is not available will not be included in the contract for a product which is despatched.
- UK - All prices and charges are shown in UK pounds sterling (£)
- All UK prices are, unless otherwise stated, inclusive of UK VAT and other applicable UK taxes.
- ROI - All prices and charges are shown in Euros (€)
- All ROI prices are, unless otherwise stated, inclusive of ROI VAT and other applicable ROI taxes.
- Rest of the World - Prices and charges are shown in the currency of the country you have selected as your ship to destination.
Delivery charges may apply and these will be displayed in the order process.
We may from time to time offer promotional offers on purchase made through the website.
All offers and promotions are at Dark Moon Magic's sole discretion and are subject to variation or withdrawal without notice.
Offers or promotions cannot be applied to previously ordered items.
Offers with a spend threshold exclude delivery charges.
All items are subject to availability at time of order.
Only one promotional code can be used per order. Any orders using more than one promotional code will be cancelled.
Voucher codes cannot be used in conjunction with any other offer
Please see our Returns Policy for full details of return options
User Comments, Reviews and Postings
We may provide user comment areas, message boards or other interactive areas on the site to give select users of the site a forum to express their opinions and share their ideas, information, materials and other user-generated content (each "User Content").
Rights you grant us - Whenever you send, post, upload or otherwise make available User Content on the Site or directly to Dark Moon Magic (including by text message or email) you (1) grant Dark Moon Magic an irrevocable, worldwide, non-exclusive, perpetual, fully sub-licensable and assignable, royalty free licence to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you and (2) waive all of your moral rights in that User Content to the fullest extent permissible by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorise Dark Moon Magic to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet.
No Responsibility - We are not responsible for and we do not endorse, the User Content posted in Reviews or elsewhere on the site.
Pre-screen/Monitor - We retain the right (but not the obligation) in our sole discretion and for any reason, to pre-screen, monitor, edit, and refuse to accept, post, remove or move any User Content. If your User Content contains offensive, indecent or otherwise objectionable content or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Dark Moon Magic has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.
No unsolicited material - Dark Moon Magic does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted.
Representations you make to us - You are solely responsible for all of your User Content. By submitting a User Content you represent and warrant to Dark Moon Magic that each User Content is (1) not confidential and that you have all the necessary permissions to submit such User Content and (2) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights.
No obligation to use - You agree and understand that we are not obliged to post, keep or use your User Content.
Security - You acknowledge that submissions of User Content may not be secure and you should consider this before submitting any information to Dark Moon Magic
Under the Consumer Protection Regulations 2013 you have the right to cancel your order within a period of 14 days. The period of 14 days begins on the day after the day you receive your goods. Please be aware that your right to cancel does not apply to certain goods that we sell, for example, pierced earrings. You must inform us of your wish to cancel in writing either by letter or email within a period of 14 days beginning on the day after the day you receive your goods. You must take reasonable care of the goods and may inspect and assess them, but not use them. You should return goods to us in their original packaging, wherever possible, as soon as possible after informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage. We cannot accept substitute or alternative items by way of returns nor are we able to send them back to you. So please look closely at the items you return to us. If you return or attempt to return substitute or alternative items you will still be responsible for paying for the original item purchased and we reserve the right to charge an investigation fee of not less than £35 to cover the cost of our investigating the position. We can offset this amount due from other sums that may be due to you for refunds etc.
For full details of your rights under the Regulations, please contact your Citizens Advice Bureau or a Solicitor.
Full details of how to return goods can be found in the RETURNS section.
Additional Delivery Charges Saturday, Express delivery charges will not be refunded if you cancel or return your order unless the product is faulty or does not fit the description given.
General terms relating to our relationship with you
This section sets out some general terms that govern our relationship with you and purchases by you.
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address. These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of English courts for the determination of disputes.
Dark Moon Magic reserves the right to terminate your access to and use of the Site and any of its features in its sole discretion, without notice and liability, including, without limitation, if Dark Moon Magic believes your conduct fails to conform to these Terms or any Additional Terms.
Dark Moon Magic also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Dark Moon Magic will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Dark Moon Magic also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.
Notices and disclaimers
These notices and disclaimers govern your use or our website, www.darkmoonmagic.co.uk
We do our best to ensure that the information on the website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of any information and cannot be held liable for any use or reliance you may make of it or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
We do our best to ensure that the website operates properly at all times, but we make no warranties as to the availability or accessibility of the website, and (save as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website.
Any link (be it a hypertext link or other referral device) used on the website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that have links with the website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
Nothing in the above exclusions affects your statutory rights as a consumer.
All Intellectual Property Rights and goodwill in or relating to the contents of the website belong to either us or to our suppliers. In particular, the trade marks displayed are registered and nothing contained in these conditions or the website should be construed as granting by implication, estoppel, personal bar, or otherwise, any licence or right to use any of the trade marks without our permission. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained at below.
You may download to a local hard disk and print extracts from the website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non commercial use.
You may not reproduce part or all of the contents of the website in any form unless it is for personal, non commercial use.
You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the website in any form (whether hard copy, electronic or other). You may not frame or link to the website or any part of it without our express permission.
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions, or of any term of these terms and conditions, will be governed by the law of England and Wales. The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website. This does not prevent residents of Northern Ireland, Scotland or Europe from starting proceedings in their local courts.
Nothing under these terms and conditions affects your statutory rights.