TERMS + CONDITIONS

www.moonandmellow.com (the “Website”) is operated by Moon + Mellow (the "Company", “we”, “us” and “our”). We are registered in Ireland with registration number 632948, and VAT number IE 7150458B.

These are the terms and conditions ("Terms") which govern your interaction with our Website and related services (including any applications which allow you to buy our products from us on mobile devices) ("Services"). In particular (but without limitation) these Terms apply to any invitation to treat, offer, sale and purchase of any products on our Website ("Products"). Please read these terms and conditions carefully before using the Website or ordering any Products. By using our Website, you agree to be bound by these terms and conditions.

We reserve the right to change these terms and conditions from time to time by updating the version generally available on the Website. By accepting these terms and conditions you undertake to check, prior to each use of the Website, for any changes to these terms and conditions. Your continued use of the Website, after any such changes to these terms and conditions, will constitute your acceptance of these terms and conditions as amended.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You can read their Terms of Service here and Privacy Policy here.

 

2.Use of Website

Please note that these Terms do not affect your statutory rights. For more information about your rights contact a lawyer, your local Citizens Advice Bureau or Trading Standards Bureau.

You warrant that the information that you provide when you register for an account on the Services is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time.

We may change, withdraw, or suspend access to the Services (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.

The Services may include links to other websites or resources. We have no control over the content of such websites and shall not be responsible or liable to you in any way for their content. We shall not be deemed to endorse or have any affiliation with any other website, service or products as a result of the Website linking to them and you are advised to check the terms that apply in relation to any such third party websites.

Any material that you upload to the Website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. Subject to Shopify’s data protection policy we also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.

We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the Services and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Services.

We have the right to remove any material or posting you make on the Services at our sole discretion.

 

3. Purchase of Products

When purchasing a product using the Services you are making a contract for purchase with Moon + Mellow on the terms and conditions set out in these Terms.

 

4. Orders

You agree that our Products displayed on the Website or other Service is an invitation to treat and that your order for any Product(s) is an offer to purchase such Product(s). All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We will inform you if we are unable to fulfil your order.

We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock; the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within these Terms.

We are under a legal duty to supply goods that conform with their description on the website.

We may also refuse to process (and therefore accept) a transaction for any reason to anyone at any time at our sole discretion. This includes refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the items you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.

Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this.

When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the Website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorised use of your account.

The status of any order is usually updated within 1 hour but we make no representation or warranty as to any such functionality or uptime.

Payment will be debited from your card when your order is placed.

We may store a record of your transactions (through our hosting) in accordance with data protection.

 

5. Prices

Prices shown on our website are in Euro and are inclusive of Irish VAT at 23%. Prices do not include delivery costs.

All prices and offers remain valid as advertised. The EUR price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of obvious error.

If you are a customer whose credit/debit card is not denominated in EUR, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders on our website are placed with the Company, which is an Irish entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.

 

6. Payment

Payment can be made by Visa, MasterCard and American Express. Payment will be debited and cleared from your account upon completion of the order process on the Website or other Service. You can also use PayPal and Amazon Pay, removing the need to enter your credit card details. When you select the PayPal or Amazon Pay option at checkout, you will be directed to the PayPal or Amazon Pay site to ‘Log In’ to your account and review the total amount to pay before clicking ‘Pay Now’. Once you click ‘Pay Now’ and you are returned to the Website, your transaction is complete. We shall have no responsibility or liability in relation to the terms and conditions agreed between you and PayPal, Amazon Pay or any other payment intermediary.

You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorised by the owner of the same to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

To help ensure that your shopping experience is safe and secure, we (or our third party payment processors, as applicable) use industry standard security systems to encrypt your payment details to guard against unauthorised access.

You can save Credit Card details in your account and use them to complete future orders. For your security, you will always be asked to enter your CVV code at checkout. We receive authorisation to charge your account once the order is placed and the pending transaction will be settled upon dispatch. For security and fraud prevention, all orders made with a credit or debit card are subject to authorisation.

We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processed.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but to the maximum extent permitted by law, and in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

 

7. Insurance and Delivery

Your purchases will be delivered to you using one of our delivery partners. We use DPD and An Post for Irish orders and DPD and Fedex for international orders.

Ownership of any products ordered by you from us shall pass to you on the date and time of delivery to your nominated address.

We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. A signature is required for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us, and transfer of responsibility in the same way.

We shall be entitled to supply your purchases in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

 

8. Shipping

When your order is shipped, we will send you a confirmation email, which will include your tracking number. You can track and trace your order using this link. Order status usually updates within an hour after the order has been placed, but functionality and uptime cannot be guaranteed.

A signature will be required upon delivery of your order and we shall have no responsibility or liability for any failure to provide such a signature. Please also be aware that our service is not a named delivery service and anyone at the designated delivery address may sign for your delivery. We will not be liable for a lost or missing order that has been signed for at the address given by you by somebody other than you (for example, in an office address).

If no one is available to sign for the delivery, the driver will make a total of three delivery attempts on three consecutive business days. If there is still no one available to sign for the package, after 5 days with no communication, it will be returned to us.

When placing your order please ensure that the billing and shipping address details are correct as we are unable to redirect packages once an order has been processed. You are responsible for any inaccurate or incomplete details provided to us.

To contact us regarding shipping, you can call us on +353 (0) 87 653 3455 or email us at hello@moonandmellow.com

 

9. Delivery Costs and Times

We deliver Monday to Friday excluding public holidays. Information regarding delivery times, costs and other details can be found here.

Delivery times are estimates and start from the date of dispatch. Please note that for some areas and post codes there is a limited range of delivery services available. We will endeavor to send your order out as quickly as possible but we cannot be responsible for delays as a result of remote delivery locations or adverse weather conditions.

 

10. Returns

We hope you will love your Moon + Mellow purchase, but if you are not completely satisfied we'd be happy to offer a refund, exchange or credit note provided that the following guidelines are observed:

• Goods must be received within 14 days of receipt.
• Goods should be returned unworn and packaged as per the original order with all tags in place, folded and wrapped inside the original gift box
• All items should be returned in the original cardboard outer carton which protects the gift box
• Your return should include details of your order number so we are able to identify the return quickly and efficiently. Please also include and a note with instructions for exchange or requesting a return. Failure to do so will result in delays processing the return.
• If you are returning an order from the UK, please make sure to mark it as a 'return' on the paperwork and also attached the original receipt. We will not be able to accept customs charges on returns. If there is a customs charge these packages will be returned to sender.
• All outlet items are FINAL SALE and cannot be returned or exchanged

HOW TO RETURN

Please send your package to:

7 Millbridge Court, Mill Lane, Naas, Co, Kildare W91Y7YY Ireland

EXCHANGE

Subject to stock availability, we will exchange eligible items that are returned to us within 14 days of receipt. In cases where we are unable to provide an exchange, we will first offer a credit. The new item will be shipped to you after the returned item has been received by us and checked.

If you want to exchange an item that was purchased in our SEASONAL SALE. The original order must be refunded first and a new purchase made.

REFUND

If you wish to receive a refund for returned items, eligible items need to be returned and reach us within 14 days of being received by you. Please note that refunds can only be made to the card originally used to pay for the order, and may take up to 30 days to appear in your account. This is outside of our control. The cost of return shipping will be deducted for refund or credit items.

You are responsible for all Products until returned to us. We are not liable for the loss of garments in return transit. We recommend using a traceable delivery method and taking note of your tracking number.

Once the items have been received they will undergo a quality review. Once cleared, you will receive a refund on the cost at purchase price (excluding original shipping cost) directly to the original method of payment used for purchase. We endeavour to process refunds as soon as they are received but please allow 14 working days for returns to be processed. You will receive an email notification of the status of your refund once processed.

We do not refund initial shipping charges for items returned, other than for faulty items. Your own return postage costs are not refundable.

 

11. Consumer Contracts

Nothing in these Terms shall affect your right to return products under the Consumer Contracts Regulations and any equivalent or replacement laws.

If you are based in the EU, you may have the right to cancel your order under the ICACRs, but you need to notify us of your decision to do so within 30 days from the day after the day on which you receive the last item in your order.

To exercise the right to cancel, please inform us by email to: hello@moonandmellow.com

On receipt of your notice of order cancellation, client services will contact you (using any of the contact information that you have supplied to us with return instructions. Please complete the returns form that you received with your order, and include it with your return so we can process your refund promptly.

Please note that you must cover the cost of the return shipment.

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. We also recommend that you use a secure, traceable means to return your order to us and you retain proof of sending, in case of a dispute.

All items must be returned unused, in their original condition and from the country that the order was delivered to.

We will refund the full value of your order, within 30 days of receiving your notice of contract cancellation. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost.

contact us on +353 (0) 87 653 3455 or email us at hello@moonandmellow.com

 

12. Refunds

Refunds will be credited to your original method of payment. Original shipping charges will not be refunded. If your return was purchased in a currency other than your local currency, refunds will be paid in the same currency. Due to fluctuations in currency rates the amount refunded may be slightly higher or lower than the price originally paid. On receipt of return, we shall process the refund as soon as possible. We estimate that refunds will be made by the provider.