Policies

Terms of Service

TERMS AND CONDITIONS

BACKGROUND:
You Name : MooJoo Designs
Company No.12208044

This agreement applies between you, the User of this Website and MooJoo Designs, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

We are a family business and work all week, but there are times when we are unable to answer correspondence. Please leave us a message to respond to at our earliest possibility.
Images: We do our best to show accurate representation of the product. Where necessary we point out that the product may have uneven surfaces or edges due to the nature of the material. Some text may have been graphically applied to the image for display purposes. We try to achieve the most accurate image as possible.
Materials: Wood and Slate will all vary in colour, we endeavour to show a cross section of our products throughout the site. Knots are expected but we do our best to engrave where the knot does not affect the reading of the text. Text colour may vary whether on wood or slate.

Text: We will correct obvious grammatical errors, IE: your (you’re). If in doubt we will call or email you for confirmation.
We will engrave rude words but would appreciate an email requesting this first. It will then be at our discretion but please be aware that we will not engrave anything that is deemed to incite racial hatred, or that is discriminatory or in breach of privacy.

If we have made an error: Please could you contact us ASAP preferably accompanied with a picture of the error along with your order no. We will send a replacement ASAP, normally this would be sent the same day as we get the notification, if received before 17.00 it will be shipped the following day.
Please accept there is still a human element to our service.
Goods arriving damaged: This is rare but if you could send a picture of the product and it’s packaging would help to solve the problem, email us

1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Service”

means collectively any online facilities, tools, services or information that MooJoo Designs makes available through the Website either now or in the future;

“System”

Means any online communications infrastructure that MooJoo Designs makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by MooJoo Designs and acting in the course of their employment; and

“Website”

Means the website that you are currently using (www.moojoodesigns.com) and any sub-domains of this site (e.g. subdomain www.moojoodesigns.com) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MooJoo Designs, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by You Name It.

2.3 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of MooJoo Designs or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.moojoodesigns.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of MooJoo Designs. To find out more please contact us by email at sales@moojoodesigns.com

5. Privacy
Use of the Website is also governed by our privacy policy which is incorporated into these terms and conditions by this reference.

6. Disclaimers
        6.1 MooJoo Designs makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
        6.2          No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
        6.3          Whilst MooJoo Designs uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

7. Availability of the Website and Modifications
        7.1          The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
        7.2 MooJoo Designs accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    7.3          MooJoo Designs reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

8. Limitation of Liability
        8.1          To the maximum extent permitted by law, MooJoo Designs accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its content at their own risk.
        8.2          Nothing in these terms and conditions excludes or restricts MooJoo Designs’s liability for death or personal injury resulting from any negligence or fraud on the part of MooJoo Designs.
        8.3          Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

11. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and MooJoo Designs.

12. Communications
12.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to team@moojoodesigns.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12.2 MooJoo Designs may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the UNSUBSCRIBE button on any of our emails.

13. Law and Jurisdiction
These terms and conditions and the relationship between you and MooJoo Designs shall be governed by and construed in accordance with the Law of England and Wales and MooJoo Designs and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Shipping and Returns Policy

All items are usually sent by Royal Mail First Class, We occasionally send heavier items by 2nd class or by an alternate courier. We aim to dispatch in 1 - 2 weeks unless specified otherwise on the item description, or at a busy time of year such as Christmas.

Royal Mail aim to deliver in 1-2 days but at busy times of the year this will take longer. If you require a guaranteed quick delivery please contact us.

Most of our products are personalised specifically per your requests, explaining the time taken to dispatch. Some others are ready made to order so will aim to be dispatched in 3-4 days. We always keep a large stock of materials, but at busy times we can run low on some coloured acrylics or woods. If this is the case we will endeavour to contact you and give you an update, or suggest an alternative colour.

Shipping is calculated based on the combined weights of the items you have ordered. Weights up to 750g will be charged at £2 postage. Weights between 750-1000g are charged at £3 postage. Weights above 1kg are charged at £5.95. In rare cases, when our items are larger than Royal Mail small parcel sizes, we charge £5.95 postage for lighter items.

Shipping to mainland United Kingdom is free for orders over £40.00. For large pieces or orders off shore UK Highlands and Islands please contact us for a quote.

Shipping to Europe, North America, Australia and New Zealand - we only send small items to countries other than the UK due to shipping costs - If you'd like to enquire, please contact us and we'll advise you on prices.

Returns on personalised products are not available unless they are damaged or vary from the specification discussed between us. Contact us within 7 days of receipt for us to replace the product or offer a refund.

Non-personalised products may be returned for a full refund within 14 days, with shipping covered by the customer.

Orders may be cancelled for a full refund for 12 hours after being placed, due to the personalised nature of the majority of our products.

Privacy Policy

The policy: This privacy policy notice is served by MooJoo Designs at 17 Elm Wood Drive, Mountain View, Tonyrefail, CF39 8JA under the website; www.moojoodesigns.com. The purpose of this policy is to explain to you how we control, process, handle and protect your personal information through the business and while you browse or use this website. If you do not agree to the following policy you may wish to cease viewing / using this website, and or refrain from submitting your personal data to us.

Policy key definitions:

"I", "our", "us", or "we" refer to the business, MooJoo Designs.
"you", "the user" refer to the person(s) using this website.
GDPR means General Data Protection Act.
PECR means Privacy & Electronic Communications Regulation.
ICO means Information Commissioner's Office.
Cookies mean small files stored on a users computer or device.

Key principles of GDPR:

Our privacy policy embodies the following key principles; (a) Lawfulness, fairness and transparency, (b) Purpose limitation, (c) Data minimisation, (d) Accuracy, (e) Storage limitation, (f) Integrity and confidence, (g) Accountability.

Processing of your personal data

Under the GDPR (General Data Protection Regulation) we control and / or process any personal information about you electronically using the following lawful bases.

Lawful basis: Consent
Where our purpose for processing is: to deliver the products as requested, to alert you of offers and promotions if you subscribe to our mailing list
Which is necessary because: initial/amended delivery, to alert you of offers and promotions
We process your information in the following ways: purely to ensure delivery
Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
Sharing your information: We do not share your information with third parties.

Your individual rights

Under the GDPR your rights are as follows. You can read more about your rights in details here;

the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
the right not to be subject to automated decision-making including profiling.

You also have the right to complain to the ICO [www.ico.org.uk] if you feel there is a problem with the way we are handling your data.

We handle subject access requests in accordance with the GDPR.

Internet cookies

We use internet cookies as a part of Google analytics, see here for details of how your data is used.

Data security and protection

We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.

Fair & Transparent Privacy Explained

We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.

Email marketing messages & subscription

Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the "Processing of your personal data" above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.

Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.

Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences, by following the contained link, otherwise contact the EMS provider.

Our EMS provider is integral within our Wix Website builder.. We hold the following information about you within our EMS system;

Email address
I.P address
Subscription time & date

Resources & further information

Privacy Notice Policy Base: v.4.1 Dec 2018 - Made available without liability by Jamie King, Website management services.