Please ensure you read these terms and conditions carefully.
Also please note that we do not accept orders from outside the UK.
- DEFINITIONS
1.1 IN THESE CONDITIONS THE FOLLOWING WOORD USED HAVE THESE MEANINGS:
You/Your/Yourself: the customer who purchases the Goods from us.
Our/Ourselves/Us/We: Caffeine Creative Limited T/A Moji Music, Registration No: 08366580. Registered Office: 25 Millbrook Heights, Dinas Powys, Vale of Glamorgan, CF64 4JJ
Conditions: the terms and conditions of the sale set out in these Terms and Conditions;
Contract: is any agreement between ourselves and yourself for the sale and purchase of the Goods;
Order: the order that you make with us for the purchase of any Goods;
Goods: the goods we are to supply to you as agreed in the Contract;
Website: our website www.mojimusic.co.uk
1.2 In these Terms and Conditions:
1.2.1 the headings are shown here only to help you read them and they have no effect on how the Terms and Conditions are interpreted;
1.2.2 the words “include”, “includes”, “including” and “included” will be construed without limitation unless it is inconsistent with the context;
1.2.3 the words “in writing” or “written” will mean by post or email;
1.2.4 any reference to a “clause” means a clause in these Terms and Conditions;
1.2.5 any reference to “working days” means all days other than Saturdays, Sundays, public holidays, or store closures.
- The ACCEPTANCE OF ORDERS
2.1 When you order Goods from us this order will then be considered an offer by you to buy the Goods subject to these Terms and Conditions.
2.2 The placement/appearance of Goods on our Website is an invitation for you to make an offer to purchase them by placing an Order with us. We have the right to refuse any Order.
2.3 If, after accepting the Order, we discover that the Goods are unavailable, we will notify you of this and refund or credit you for the price of the Goods or supply you with substitute goods in accordance with clause 5.2. If you do not cancel your Order within seven (7) working days we will deliver the available Goods in accordance with clause 6 and refund or credit you for the unavailable Goods.
- BASIS OF THE SALE OF GOODS
3.1 These Terms and Conditions will apply to all Orders that you enter into with us. When you place an Order with us, you agree to deal with us on these terms and Conditions. No other terms or conditions will apply.
3.2 These Terms and Conditions may be amended by ourselves at any time, and for any reason.
3.3 If we make any typographical, administrative or other error or omission in any marketing or sales literature, quotation, pricing, invoice or other document issued by us, we will be entitled to correct the mistake without liability.
3.4 You will not be able to claim damages for or cancel or terminate the Contract because of anything communicated to you unless it was made fraudulently.
- CANCELLATION/UNWANTED ITEMS
4.1 Items may be returned for a refund within fourteen (14) days of you receiving the goods (see our delivery policy). Or, only at the company’s discretion, an exchange may be permitted within thirty (30) days of you receiving the goods. This is very important: All refunds/exchanges will only be considered if the goods are returned in their original packaging, and are clearly in ‘as new’ condition. If you wish to change or cancel an order that you made on-line “at a distance” you must do so in writing to us. If we do accept the change, we will be entitled to recover from you any unavoidable losses because of the change.
4.2 If you placed your order “at a distance” (this means without face-to-face contact with us), you are entitled to:
4.2.1 Cancel your order at any time during the fourteen (14) calendar days after the day on which you receive the goods. You must make cancellation in writing to us and supply the full details of the order, and inform us whether the Goods have been delivered or not. After the 14th calendar day from delivery, until the 30th calendar day, items may be exchanged for alternative goods to the value of the original purchase (given compliance to all terms & conditions detailed and at the company’s discretion).
4.2.2 A refund of any payments made (not including any standard delivery charges you have paid) within fourteen (14) days of informing us that you are cancelling your Order in line with 4.2.1.
4.3 If the goods are delivered to you after cancellation has been received by us then you shall be responsible for returning the goods to us as soon as reasonably practical at your own cost (unless we inform you that we will collect the goods). These items must be ‘as new’ as laid out in 4.1
4.4 If you cancel the order but then do not return the goods to us, or if you return them to us at our expense, then we will be entitled to charge you for these costs, these being the cost of the goods if you do not return them, or the cost of return delivery.
4.5 If you cancel your order you must take reasonable care of the goods whilst in your possession. Goods must be returned with their original packaging and securely packed in accordance with our instructions, so that they are not damaged in any way during transit.
4.6 If we provide you with substitute goods you shall be entitled to reject these goods in accordance with clause 5.2 and we will pay your costs of returning them to us.
4.7 Unfortunately, you do not have the right to cancel the contract if the contract is for certain items including built to order or special order items that have been ordered on your request. This includes goods that have been installed that cannot be returned in the same physical state as they were when we delivered them to you.
4.8 The item being returned must be in “as new” condition and we reserve the right to refuse the return or at our discretion charge a Re-Stocking fee if the external or internal packaging is missing, partially missing or damaged.
- DESCRIPTION OF GOODS
5.1 The quantity and the description of the Goods shall be as shown in your Order.
5.2 We will always try to ensure that the information contained on the Website is accurate at the time of Order however pictures, illustrations and description of the Goods on the Website are for guidance only and may be subject to change by the manufacturer at any time.
5.3 Our aim is to keep all information on this website correct, however we do not warrant the accuracy and completeness of the material on this website. We reserve the right to make changes to the material on this website or to products and prices described in the site, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material. If you have any suggestions or comments on how you think we could improve this page, please email us.
- DELIVERY
6.1 For your first Order with us, the Delivery Address must be your billing address or a registered work address. We are unable to deliver to PO Box or BFPO addresses.
6.2 Delivery will be made in accordance with the delivery option you have selected in your Order.
6.3 Unless otherwise agreed, delivery will not be made until we have received the price of the order in full cleared funds.
6.4 Upon delivery of the Goods by the courier, you must sign to show that you have received them. If you do not sign, we will not be able to hand the Goods over to you.
6.5 Delivery includes unloading the Goods at the Delivery Address but not their manoeuvre or set up within the Delivery Address or any installation.
6.6 If you are unable to take delivery of the Goods on the date notified by us, we will rebook the delivery for another date/time. We reserve the right to charge you for any costs incurred by us and/or our carriers because of such postponement. If we are unable to agree an alternative delivery date with you, you will need to provide us with an alternative delivery address at which we can make delivery on the notified delivery date (please note clause 6.1).
6.7 We deliver the Goods at our standard delivery costs/charges except where:
6.7.1 the Delivery Address is outside mainland UK (which excludes the Channel Islands, Shetland Islands, Northern Ireland, Isle of Man, Scottish Highlands, Scottish Islands);
6.7.2 our Website states that the Goods you have ordered are subject to additional delivery times and/or charges;
6.8 We will try to ensure you receive your parcel in a reasonably timely manner however we cannot be held responsible for any unexpected delays. Please note we will not be responsible for compensating you for any losses which you may suffer if Goods are delayed.
6.9 Please note that our Delivery service can be affected during Bank Holiday Weekend and Weekdays etc.
- DEFECTS, INCORRECT ITEMS AND RETURNS
- The provisions of this clause 7 are without prejudice to your rights under clauses 4 and 10.
7.2 If you received any Goods that you consider to be incorrect you must reported this to us as soon as reasonably possible, and failing that within 14 days of receiving the goods.
7.2.1 We will collect incorrect goods from the Customer and deliver replacement goods as quickly as possible at our own expense.
7.2.2 You will have the responsibility to return the incorrect item or any item that has been accidentally delivered by ourselves without order or payment.
7.2.3 If you do not return the item, we will charge you the full cost of the item.
7.3 If you discover that on delivery, either more or less than the correct amount of Goods have been delivered then you must notify us as soon as reasonably practicable following delivery and within seven (7) days from delivery to your address.
7.4 If, by mistake, we deliver more Goods than you ordered then we will be entitled to come and collect those Goods or request that you deliver them back to us at our expense.
7.5 If you discover Goods are damaged or defective you must notify us as soon as reasonably possible following delivery and not more than seven (7) days from delivery date or, if you could not reasonably have noticed that the Goods were damaged or defective when they were delivered, as soon as reasonably practicable once you discover the damage or defect.
7.6 Upon return of damaged or defective Goods, we will test them. If the Goods are damaged then we will repair or replace the defective Goods. If we determine at our own discretion that the Goods are not faulty then we shall be entitled to charge you for their return back to you.
- SPECIAL ORDER, USED OR OUT OF STOCK GOODS
8.1 If you have ordered Goods from us which we do not ordinarily keep in stock we will use our reasonable endeavours to procure such Goods for you.
8.2 If the Goods that you wish to Order are out of stock (including ordinary goods and the goods referred to in clause 9.1 above), we will notify you when they are in stock and you can then make the Order. Until the Goods are in stock by us they are subject to fluctuations and price and we shall not be liable for any difference in price between the price stated when the Goods are out of stock and the price stated when we receive them in stock.
8.3 From time to time we supply used Goods. Such goods will be identified as used goods and will be subject to a lower warranty period than ordinary goods, in accordance with clause 10.1.4.
- PRICE AND PAYMENT FOR GOODS
9.1 You shall pay us the price for the Goods as calculated on the Website which is in force on the date we accept your Order.
9.2 You shall pay us the price of the Goods at the time when you order in accordance with the payment terms on the Website.
9.3 Goods ordered though our Website payment shall be taken at the time the Order is placed.
9.4 If the Delivery Address is outside of mainland UK (excludes Scottish Highlands), we shall be entitled to charge you for costs in transport, packaging, insurance. A quotation is displayed on our website for such charges.
9.5 We reserve the right to increase the price to take account of any increase in the cost to us of supplying you the Goods which is due to:
9.5.1 any factor beyond our control (which may include, but is not limited to, changes in our supply costs, exchange rate fluctuations and charges in import duties or levies);
9.5.2 any change in delivery dates or quantities for the Goods which you request; or
9.5.3 any delay caused by your instructions or failure by you to give us adequate information or instructions.
9.6 Unless otherwise noted, the price is inclusive of any applicable value added tax.
9.7 If on notification of the increase in price you choose to not proceed with the Order then you are entitled to cancel the Order within a reasonable time, and no later than fourteen (14) days and will be given a full refund of the price, if it has been paid.
- WARRANTIES AND LIABILITY
10.1 Subject to clause 10.2 below, we warrant that:
10.1.1 we are legally entitled to sell the Goods to you;
10.1.2 the Goods will correspond with the description on the Order;
10.1.3 the Goods will be of reasonably satisfactory quality and fit for purpose; and
10.1.4 the Goods be free from material defects for 12 months from the date of supply (or 31 days in the case of used goods).
10.2 We will not be liable for any defect arising from fair wear and tear, wilful damage or negligence by you or any other persons using the Goods, from failure to follow our or manufacturer instructions (whether oral or in writing), or misuse or alteration or repair of the Goods. We will test any alleged defects to ascertain whether there is a valid claim.
10.3 In the event of a valid claim being made (per clause 10.1.4), you must notify us of the defect in accordance with clause 7.5 and we will either:
10.3.1 replace the Goods, arrange a repair (if older than 30 calendar days) or
10.3.2 refund or credit you the price at your option (if within 30 calendar days). Provided that if the claim is made on or after thirty (30) calendar days of dispatch of your Order, we reserve the right to charge you for our reasonable costs for dealing with your claim.
10.4 We will not be liable to you for any indirect, special or consequential damages, howsoever arising regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether we knew or had reason to know of the possibility of the loss, damage or injury in question.
10.5 Our total aggregate liability under each Contract (whether in contract, tort (including, but not limited to, negligence) or strict liability or otherwise howsoever arising) shall not exceed the total amount payable to us by you under the Contract.
- OWNERSHIP AND RISK
11.1 You become the owner of the Goods only when we have received full payment of the price and the Goods have been delivered to you at the Delivery Address.
11.2 The risk of loss of, or damage to ,the Goods will pass to you upon delivery.
11.3 Any Goods that you return to us in accordance with clauses 2, 4, 5, 6 or 7 are at your risk until we receive them. It is your responsibility to ensure that any Goods that you return are properly addressed, securely packaged and carried with a reputable delivery firm.
- EVENTS BEYOND OUR CONTROL
12.1 We will not be liable for any failure to perform our obligations under the Contract to the extent that such failure is due to an event beyond our reasonable control and which may include but shall not be limited to (i) acts of terrorism, riots, civil unrest, insurrection, and military action; (ii) the exercise of emergency powers by any local, regional or national governmental authority; (iii) fire, flood, storm, earthquake, and other natural disasters; (iv) industrial action, strikes and lock-outs; (v) pandemic; (vi) blockage or embargo; and (vii) the failure or delay of supplies of power, fuel, equipment, transport, communications systems, Internet or other goods and/or services (including any third party materials).
12.2 In the circumstances described in clause 12.1 above, we may suspend performance of our obligations until such time as we are able to perform them, including postponing the date of delivery.
12.3 If any such suspension continues beyond a period more than two (2) months, you may choose to cancel the Order and receive a full refund.
- DATA PROTECTION
13.1 You consent to your details being held by us for the purpose of supplying the Goods and that we may pass these details to such third parties as are required to supply or deliver the Goods.
13.2 We shall comply with the provisions in the Data Protection Act 1998
- GENERAL
14.1 If things do go wrong and there is any form of dispute, Welsh law will apply to the Contract and we will accept the jurisdiction of the courts of Wales. Any proceedings that you bring against us shall be brought in the Welsh courts, however we may take proceedings against you in another court of competent jurisdiction if we so choose.
14.2 If a court decides that a part of these Conditions is not enforceable in law that does not mean that the rest of it is not enforceable.
14.3 You may not transfer, assign, sub-contract or otherwise part with the Order or any right or obligation under it without our prior written consent.
14.4 If at any time we have a claim against you and we do not pursue that claim quickly, we still retain the right to pursue a claim at a future date.
- PRODUCT REVIEWS
16.1 We will publish both positive and negative reviews that we deem to be objective, inoffensive and that also provide useful/relevant information about a product to potential customers. We reserve the right not to publish reviews that do not offer useful information or contain misleading information or spam. Other reasons for not publishing a review may include the use of profanities, politically-motivated or discriminatory statements, and unqualified or unfair statements regarding a product, a manufacturer or Moji Music.
16.2 We want to hear from you if you have not received the right level of service. Rather than use the review pages to do this, please contact us using our contact form, email, or via telephone. We welcome your feedback.
- LIABILITY
17.1 We are not liable for any loss of business or income under any circumstance.
17.2 We will make every effort to ensure that Goods supplied correspond tin every respect with the specification or description provided as the case may be, we are not responsible for minor variations in specification, and no such minor variation shall be the subject of any claim against the us. 17.3 We take all reasonable care, in so far as it is in its our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we will not be held liable for any loss that you may suffer if a third party procures unauthorised access to any data that you provide.
Thank you for reading Moji Music’s Terms and Conditions.