Welcome to the website www.moska.co.uk. The website is owned and operated by Lisa-marie Mosca trading as Moska accessories & gifts for the home, the terms and conditions govern your use of our website, www.moska.co.uk. By using our website you accept our terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to Moska.
Reference to “you” is a reference to the purchaser of the item(s) from us.
“Contract” means the contract between us for the sale and purchase of the item(s) from the designers/sellers, which incorporates these Terms.
“product” or “item(s)” means the items purchased via our website from our designers / sellers and other item(s) purchased by you from the designers/sellers.
“Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of item(s) and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2.1 All prices are inclusive of VAT (Value Added Tax) at the current rates.
2.2 The cost of packaging and postage/carriage is shown separately at the checkout process and (in the case of special or overseas/ International orders) will be quoted by us on request and payable separately from the price of the Goods.
2.3 All published prices are subject to change at any time without notice. The prices you see on the website are correct from the time the relevant information was entered on the system and Moska does reserve the right to change, alter or remove prices, special offers or promotions as and when it is necessary.
2.4 All payment methods made via credit or debit card or Pay pal are made using our secure online payment system, Pay pal.
2.5 All our prices are in pounds sterling (GBP) and payment must be in pounds sterling.
3. ACCOUNTS AND PERSONAL DETAILS.
3.1 To place an order with Moska, you are required to open an account, which may contain personal details. We will require your name, address, and e-mail address. Unfortunately without this information we will not be able to process your request or notify you of acceptance of your order.
3.2 A contact telephone number is also required so that we can reach you if there is a problem with your order.
3.3 If you were provided with a password or any other information we recommend that you do not share your account details, including your username or password. Moska will not accept liability for any loss or damages incurred as a result of your account details being made available to anyone else.
3.4 If you suspect another person without your consent has obtained your account details, you should contact Moska immediately to suspend your account and cancel any unauthorised purchases that have gone through the system.
3.5 If you fail to comply with any of the provisions of these terms and conditions we have the right to disable users passwords and usernames whether allocated by you or us the company.
3.6 If you wish to leave Moska or terminate your account please notify us either via email or through the details on our “Contact Us” page. If Moska terminates your account, you the account holder will be notified via email with an explanation as to why it was terminated. If Moska does terminate your account, any pending orders will be cancelled and will not be dispatched.
3.7 Please be aware that we will not be able to deliver to PO box numbers and hotels.
4. ORDERING GOODS ONLINE
- Please ensure that all the information that you are required to provide to us when ordering items online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
4.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
4.3 Please note that orders can only be cancelled up until point of dispatch. If a unauthorised order is dispatched before you notify us, Moska accepts no liability and will not take any responsibility.
4.4 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any cancellation, delay or non-delivery.
4.5 Any error or other issue that arises in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
4.6 You must be 18 years of age to order from the website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
5. IMAGES, DESCRIPTIONS AND PRODUCT
5.1 The creative images that are shown online or in any advertising content are for illustrative purposes only, many of our products are shown with additional props, which are not included in the sale of the product or products unless stated otherwise.
5.2 Please note, with certain item(s) you may be required to select a certain size, number, colour or theme and even add a personal message.
5.3 We do not inform you of stock quantities but we will inform you whether the product is in stock to purchase or not.
6.1 If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
6.2 We may contact you from time to time in the form of E-newsletters, flyers or catalogues with any special discounts, promotions or competitions we may be running. If you wish to opt out of these please un-tick the specific box when setting up your account.
7.1 All payment for item(s) purchased and for the cost of packaging and delivery must be made before the items are dispatched.
7.2 Payment online will be made by credit/debit card or Paypal. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared and payment funds are available in our account.
7.3 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
8. PROMOTIONS AND OFFERS
8.1 At Moska we like to run promotions, offers and competitions for our customers. If you do use a published promotional code on our website, you can only participate in it once. Sale items are excluded from offers and promotions. The offers and promotions given are not for resale and only apply to personal orders being subject to Moska’s terms and conditions.
9.1 We want to make sure each order gets to our customers as quickly as possible. Where stated your purchased item(s) arrives directly from each of the individual designer/seller. Please be aware delivery times do vary from seller to seller dependant on lead-time of item(s).
You can find delivery times on the individual designers/sellers product pages. These will be estimated only and this will be based on product availability and lead times in the case of made to order item(s).
9.2 Our designers endever to meet the delivery times and requirements specified to them. If for any reason a situation arises that is beyond our control or yours which can delay an order, which you may have placed, we do ask for your co-operation and can only apologise if any inconvenience has been caused.
9.3 We will decide on the method of delivery either by post, courier or otherwise depending on the bulk of the item(s). We do use Royal Mail for the bulk of our deliveries but if a designer/seller uses a courier you will be notified of any additional details to do with your delivery.
9.4 You must notify us promptly and in any event within 48 hours or receipt of any item(s) if they appear to be damaged in transit. In those circumstances, you must also keep all packaging, as this will be required when sending the item(s) back. It is advisable to also take a photograph and state where you believe the fault or damage may be.
9.5 When sending faulty or damaged item(s) back please state clearly your name address a contact telephone number and your order number.
10. CANCELLATION AND RETURNS
10.1 While we hope that you are always delighted with your order from each of the designers you will (except as otherwise stated) have a right to cancel an order within 7 working days from the date that you receive the item(s). Cancellation must be confirmed to us by notice in writing and once it has been processed you will receive a refund for the cost of the returned item(s). You can find all our details on the “Contact Us” page of the website.
Please check each of our designer’s returns policy to check whether the item(s) you are considering to purchase is eligible for a refund or a return.
10.2 When returning an item please include your name, full address, contact details and a brief notice on why you are returning the item(s).
10.3 You must take reasonable care of all item(s) in your possession and return them to us, appropriately packaged to avoid damage, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges. Please note the cost of returning postage will be at the customers expense unless the item(s) received is proved faulty or the designer has stated a ‘free returns’ policy.
10.4 We will refund the purchase price to you within 28 days of the cancellation notice but we reserve the right to charge a restocking fee and any other reasonable costs we incur in connection with the return of the Goods. Please be aware that we cannot be held responsible for interest charges made by your bank whilst waiting for returns to be refunded to your card.
10.5 In the case of item(s) which are made and supplied to your specification or which have been personalised for you, (colour, fabric, fragrance, print, personal message) you will not have the right to cancel the Contract. These item(s) do not qualify for a refund or return.
10.6 We also recommend that you use insured registered delivery when sending items back to us and keep the receipt for your records. We cannot accept liability for goods lost or damaged in transit. Please note we will not accept item(s) that have been tampered with or used.
10.7 If you do have any queries about a product before you purchase or return it, it is advisable to double check the policies on the product page, if you still cannot find the information you are looking for then please use the information on the contact us page and we will be more than happy to assist you further.
10.8 Items that do qualify for a refund and return must be returned within 7 days of receipt.
To Returns Dept: Moska
194 Godstone Road
11. RISK AND OWNERSHIP
11.1 Ownership in all item(s) remains with us until full payment of all amounts due to us have been received from you.
11.2 You will be responsible for the safe custody and insurance of all item(s) in your possession.
11.3 You have no right to re-sell any item(s) until we have received payment in full.
12. WARRANTIES AND LIABILITY
12.1 We warrant to you that the item(s) ordered by you will meet the description as shown on our website (or any other description given to you in writing). At Moska we take all reasonable steps to ensure that the details of the descriptions of products, imagery and pricing that are available from our website correspond to the actual products.
12.2 We will not accept any responsibility for any damage, which occurs to the item(s) after delivery.
12.3 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the item(s).
12.4 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those item(s). (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
13.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to email@example.com and you must send them so as to return an acknowledgement of receipt. Notice may be sent by first class post to Moska, 194 Godstone Road, Caterham, Surrey, CR3 6RD.
14. CUSTOMER DEFAULT
- give us any incorrect personal information, or
- fail to make any payment when it is due, or
- cancel any payment, or
- become insolvent, or
- commit any breach of these Terms
then, in any of those events, we have the right to cancel the Contract and recover possession of any item(s) which have been supplied for which payment has not been received in full.
15. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
16.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
16.2 Entire Agreement: These Terms govern our relationship with you and in accepting them; you confirm that no other arrangement, agreement or representation applies.
16.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
17. INTELLECTUAL PROPERTY
Where the item(s) include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You accept that such work is protected by applicable United Kingdom and international intellectual property and other laws. You have no right to make any copies or adaptations, distribute or store of any of those item(s) unless given permission to do so by the relevant designer / seller.
18.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
18.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
19. GOVERNING LAW
These Terms and the Contract between us are governed by English law.