Terms and Conditions of Sale.
Definitions-
1.1 'Buyer' means the person that is named on the invoice
1.2 'You' and relevant grammatical permutations means the buyer.
1.3 'We', 'our', 'us' means Moku Moku.
1.4 'Invoice'- this is the document titled 'invoice' received on completion
of the 'contract'
1.5 This is the legally binding agreement between the buyer and Moku
Moku.
1.6 Moku Moku, the vendor,
referred to hereafter as: 'Moku'.
1.7 'Contract' this term refers to any legally binding agreement between
Moku and the buyer.
1.8 'Goods' these are the physical items detailed on the invoice.
1.7 'Products' these are the physical items detailed on the invoice
and include goods within its definition.
1.8 'End User' this is the person who will use the goods-not necessarily
the buyer.
Terms and conditions of sale:
2.1 The buyer agrees to pay Moku for the goods supplied.
2.2 The Goods ordered by the buyer will be despatched, upon the receipt
of payment from the buyer, to the address specified on the invoice
2.3 Whilst all care is taken by Moku to describe all products as accurately
as possible there may be slight variations between the products shown
on the website www.moku-moku.co.uk and the products received.
2.4 Moku reserves the right to change or modify any of their products
without notice.
2.5 If the buyer has not received the goods in accordance with the
invoice then it is the responsibility of the buyer to inform Moku
of any suspected discrepancy. It is the policy of Moku to investigate
the matter before any decision is made. You will be notified in writing
of any decision made by or on behalf of Moku.
3.1 Once the goods have been received by the buyer, responsibility
for their use passes to them.
3.2 If the buyer is not the end user then it is the buyer's responsibility
to ensure the end user is aware of all terms of this contract- in
particular the conditions as to the use of the product.
3.3 Moku will not accept responsibility for any loss arising out of
negligent use of the goods by the end user or by any third party.
3.4 The instructions as to the use of the goods must be read and understood
in its entirety prior to use of any Moku product.
3.5 If there are no instructions accompanying the goods then please
contact sales at Moku who will provide the buyer with a copy of the
relevant information.
3.6 In the event that any instruction is not understood or if there
are any queries as to the use of the goods then the goods must not
be used at all until such time as the buyer is satisfied as to the
correct use of the goods/products.
3.7 Moku will try within all reasonable limits to ensure any queries
relating to its products or goods are answered to the buyers satisfaction.
4.1 Moku's liability in relation to tort, contract, pre-contract or
other representations arising out of or in connection with these terms
and conditions or the performance or observance of our obligations
under these terms and conditions and every applicable part of it shall
be limited in aggregate to all sums paid by the buyer to Moku.
4.2 In any event, Moku shall not be liable under, or in connection
with these terms and conditions in contract, tort, negligence, pre-contract
or other representations or otherwise for any loss of business, contracts
or anticipated savings or for any other indirect or consequential
loss whatsoever.
4.3 Each provision of this clause (Clause 4) shall be construed separately,
applying and surviving even if for any reason one or other of these
provisions is held inapplicable or unenforceable in any circumstances
and shall remain in force not withstanding the expiry or termination
of our agreement.
5.1 All Moku goods/products are for external use only. They must not
be ingested or otherwise used inside the human body.
5.2 It is the buyer's responsibility to ensure that the goods/products
are used in accordance with the instructions.
5.3 Where the buyer or end user has a medical condition or has reason
to believe they may have such a condition that may have adverse reactions
to any of the goods/products it is their responsibility to check with
their Physician or General Practioner or competent medical professional
prior to use.
5.4 Term 5.3 also applies to those buyers or end users who do not
have or are not aware of any such condition but have queries or doubts
as to the effects of the products/goods.
5.5 If the buyer or end user has doubts about any adverse reactions
to any of Moku's goods/products then they are advised not to use the
products.
5.6 Moku will not accept liability for use of any of its goods/products
that is not in accordance with the instructions enclosed with each
purchase.
5.7 Moku goods/products are not intended for use on children.
5.8 Moku goods/products are not intended for use in conjunction with
any other goods/products either from Moku or any other party.
6.1 Moku supplied goods/products are not sold as medicines.
6.2 The effectiveness of Moku supplied goods/products depends on the
user, in most cases the desired effects are achieved. However there
is no guarantee of their effectiveness in every case.
7.1 Moku respects your personal information. We will only use the
information for the following purposes:
7.11 Processing orders and customer accounts.
7.12 To administer our business.
7.13 Statistical purposes.
7.14 To notify you of Moku products/goods/services unless you have
objected to this.
7.2 Moku will not pass any personal information to third parties without
your consent(subject to term 7.6)
7.3 Moku will not make use of information that identifies an individual
unless such permission is granted by the person identified by such
information (subject to term 7.11)
7.4 In the event that your personal information is no longer used
by us for the purposes of term 7.1 (including the relevant subsections)
we will delete it except insofar as it is necessary to comply with
other relevant or applicable law.
7.5 In the event that your personal data becomes inaccurate, untrue
or incomplete, or in any event, you have the right to access your
personal data and may rectify the same.
7.6 You should be aware that if we are requested by the police or
any regulatory or government authority investigating suspected illegal
activities to provide information concerning you, we shall do so.
We also reserve the right to disclose individually identifiable information
to third parties where a complaint arises concerning your dealings
with Moku and those dealings are deemed by us inconsistent with these
terms and conditions.
7.7 We may use the aggregated data for marketing purposes, provided
that a single individual is not identified.
8.1 In certain situations Moku may be prepared to give refunds in
respect of goods/products purchased from us. There is no automatic
right arising from this term to a refund. A request for a refund must
be made in writing to Moku, each case will be assessed and the decision
of Moku is final. You will receive written confirmation of any decision
made by Moku.
9.1 Whilst Moku tries to ensure that all our products meet the high
standards expected by our customers there may be certain times when
we may be unable to meet them, these are detailed below.
9.11 Force Majeure- where there are circumstances beyond our control
e.g. Acts of God, strikes, lock outs, accidents, war, acts of terrorism.
This is not to exclude other such events beyond our reasonable control.
9.12 In any such event as detailed in 9.11 Moku shall try to resolve
any such problem insofar as it is practicable.
10.1 These terms and conditions only apply to a person dealing as
a consumer (within the meaning of the Unfair Contract Terms Act 1977
and Unfair Terms in Consumer Contracts Regulations) We exclude all
conditions, terms and representations arising from this document 'Terms
and Conditions of Sale' from any person not dealing as a consumer.
10.2 Our terms and conditions may change from time to time in accordance
with the relevant or applicable law.
10.3 We reserve the right to change our terms and conditions without
notice.
10.4 If you have any queries regarding these terms then please contact
Moku. We will try to resolve any queries as soon as possible.
10.5 Each of the Clauses of these Terms and Conditions shall be construed
separately (unless otherwise expressly stated) and independently of
each other. Invalidity of any one part shall not affect the validity
of any other part.
10.6 This agreement shall be governed by the laws of England and you
agree to submit to the exclusive jurisdiction of the English courts. |
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