1. Contracting Parties
When you purchase any items through our website you will be contracting with Moonpig.com, a limited liability company incorporated in England and Wales under company number 3852652. Moonpig.com is referred to in these terms and conditions as "we" "us" or "our".
Registered office: Units 102-108, 30 Great Guildford Street, London, SE1 0HS, United Kingdom
Email address: firstname.lastname@example.org
Telephone number: +44 20 7803 0399
VAT registration number: 115 1385 43
2. Your Consumer Rights
2.1. Product description
We try to ensure that all of the items shown on the website are accurately represented however slight variations in colour, typefaces and layout may be experienced.
2.2. Price and Sales Tax
Moonpig is not currently registered for GST.
We aim to post all orders within the timeframe published in the Delivery and Postage section at the time of purchase.
At the time of purchase you will be notified of the delivery charges applicable on each order.
2.4. Return of defective goods
We endeavour to despatch the goods to you in perfect condition. However occasionally goods can be damaged in transit and we are keen to rectify any problem as quickly as possible.
In the event that the product(s) is defective, you may return it to us at your own expense within 7 days of receiving such product(s). Please return product(s) to the postal address set out in "Contact Us". We will offer to reimburse the price that you have paid for the product(s) to your credit or debit card. Alternatively if you call us immediately on the number shown in "Contact Us" we may offer to reprint and resend the product(s) free of charge.
All complaints will be acknowledged within 5 working days. We will endeavour to resolve any complaints within 14 days and keep you informed during the resolution process. Please note that your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have.
3. Payment on Account (Prepay Credit)
We may from time to time offer a scheme whereby customers may make a payment on account as advance payment for goods in return for additional bonus credit which may be used to pay for applicable goods.
The system of payment on account and bonus credit may be referred to as "Prepay" for promotional purposes. We may change the name of this promotion from time to time but these terms and conditions shall apply to any scheme involving advance payment for goods.
3.2. Account information
Prepay credit and bonus credit amounts are separately recorded and the total balance of credit is shown in you accounts under credit history.
3.3. Applicable goods
Applicable goods means any printed products manufactured by us such as cards and posters. Bonus credit will not be applied against other items such as postage and packing, CDs, flowers or other gifts. Non applicable goods will be offset entirely against the cash balance on the account.
Prepay balances cannot be used to pay for CDs, flowers or other gifts. Even if you have a credit balance in your Prepay account this will not be applied again a purchase of a CD, flowers or other gifts which must be paid for by credit/debit card.
(We have to impose this rule because the Prepay discount is larger than the profit margin on the CDs, flowers and other gifts. We love our customers, but not that much!)
3.4. Drawdown of cash and credit balances
At the point of checkout our system will check your balance of Prepay and bonus credit. Any applicable goods will be paid for by drawing down the Prepay credit and bonus credit balance pro rata.
3.5. Our liability to you
Any payment made on account shall be deemed as a payment for goods and services to be ordered from us. After the initial refund period described below our liability to you will be to provide goods and services to value of the account balance. Cash balances will not be returned except in cases where the customer has received defective goods or service and requested a refund of the unused prepay cash balance held on the account.
3.6. Balance reminders and expiry of inactive account balances
If you do not place any orders for a 6 month period we will send an e-mail to the address in your Account Details to remind you of your balance. This will be repeated at 12 months and 18 months. When a period of 24 months has passed with no orders placed we will assume that your account is no longer active and the Prepay balance will expire.
If you change your mind after making a payment on account you may request a refund by calling customer services within 14 days of the transaction. In such cases the amount refunded will be the sum of the original payment less the value of any goods bought on account. Refunds can only be made to the credit card account used to make the original purchase.
4. Privacy and Security Policy
We are committed to protecting your privacy. We will only use the information that we collect about you in accordance with the Data Protection Act 1998. We are listed in the Register of data Controllers under the number Z4843659. This list can be accessed through the website www.dpr.gov.uk.
You can check the information that we hold about you by logging on to our website and checking your Account. You may update your personal information online.
4.1. What we will do with your contact information
Moonpig will not sell or pass your name, address or e mail address to any third party unless legally obliged to by UK Government authorities. We will use this information to send you an e-mail newsletter every month to keep you informed of new products and seasonal offers. In addition you may choose to receive e mail reminders.
4.2. Opt out
When you register on the site you will be given the opportunity to opt out of receiving any communication from us other than that required to process your registration or subsequent orders. At any point you can change this preference in your account details.
4.3. E-mail reminders and opt in
In order to receive e mail reminders from Moonpig you must opt in to receive communications from us. If at any point you decide to opt out we will not be able to send you any more reminders.
In order to improve the service offered to you technology may be used to track the patterns of behaviour of visitors to the site and to help personalise the content displayed to each user. This can include using a "cookie" which would be stored on your browser.
4.5. Encryption of personal Information
The Website uses Secure Socket Layers (SSL), the most advanced security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the internet. Our Customer Service staff have access to this information.
4.6. Encryption of passwords
We appreciate that many people use the same password for all their internet accounts and therefore this information is very sensitive. For this reason your password remains encrypted and we do not have access to it. If you have forgotten your password we can send you a new temporary password. You are then able to access your account and change the password to something which you will remember.
4.7. Credit card transactions
Your card details are transferred directly to our Payment Service Provider (www.paypoint.com) for immediate authorisation and are not recorded or stored in our database. Once we have received authorisation from the Payment Service Provider we confirm your order.
5. Use of the Website
5.1. Abuse of Service
You agree not to use the website directly or indirectly for any unlawful purpose or so as to cause distress or offence to any person. We reserve the right not to process your order if we decide that you are using the website for such purposes and ban you from placing orders with us in the future. In such an event we will refund any payment made by you.
You agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner.
5.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the website is protected by our or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws
You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
"Moonpig" is our registered trademark. You agree not to display or use it in any manner without our prior written consent.
5.3. Website Content
The website is provided on an "as is" and "as available" basis and we shall not be liable to you for your inability to use the service. No advice or information, whether oral or written, obtained by you via the website will create any warranty not expressly stated in these terms and conditions; and all warranties in respect of the website, the items supplied by us and any other services that we may provide through the website from time to time are excluded to the fullest extent permitted by law. This does not prejudice your statutory rights.
5.4. Amendment of sites and services
We reserve the right to amend the website and the items and services that we offer to you via the website without notice to you from time to time.
5.5. External links
We may provide links to other websites or resources from time to time. These links are provided for your convenience. We do not endorse the contents of those websites, are not responsible for the availability of these websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
6. Moonpig Competitions
From time to time we host competitions on Moonpig - we wish you the best of luck with winning a fabulous prize or two, but below are some legalities and rules that apply to all competitions on Moonpig, Social Media websites and our partners.
Moonpig Competition Rules
These rules are the conditions of entry to all competitions conducted through www.moonpig.com (the “Website”) (“Competitions”). They apply together with any additional Terms and Conditions published on the Website.
1. These rules together with any specific rules set out in the competition notices published on the Website (“Competition Notices”) about us are the “Competition Rules” and apply to competitions on the Website. By entering a Competition, entrants agree to be bound by the Competition Rules and all other Terms and Conditions on the Website.
2. Competitions are not open to persons who at any time between the start date of the Competition and the date on which the winner is selected (inclusive) are employees of Moonpig.com Ltd, any of its wholly owned subsidiaries or any marketing services agency or other company involved directly with the administration of the Competition, or any member of their households.
3. Eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside Australia and/or car hire. These will be set out in the relevant Competition Notice.
4. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Moonpig.com Ltd reserves the right to verify the eligibility of all entrants.
5. The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the relevant Competition Notice, Competitions are only open to residents of Australia and you are not entitled to enter the Competition if you are resident outside of Australia. Where a Competition is open to entrants from outside Australia, you are not entitled to enter the Competition if you are resident in a country or jurisdiction where the Competition may breach any law or regulation. Where this applies, Moonpig.com Ltd’s invitation to enter the Competition in such country and/or jurisdiction is withdrawn.
6. Where a Competition is open to all age groups, Moonpig.com Ltd assumes that by using the Website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition in accordance with the Competition Rules. If a Competition is only open to a certain age group (e.g. 18 and over), this will be set out in the relevant Competition Notice within the “About us” section of the Website, and Moonpig.com Ltd assumes that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition.
7. Moonpig.com Ltd reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Competition Rules.
8. In the event that any entrant is disqualified from the Competition, Moonpig.com Ltd in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to the CompetitionRules.
9. Entries through agents or third parties will be invalid.
10. Competition Entries must be made in the manner and by the closing date and time specified in the Competition Notice. Failure to do so will disqualify the Entry.
11. There is no purchase requirement to enter a Competition and there is no charge to register for use of the Website
12. Proof of posting or emailing cannot be accepted as proof of delivery. Moonpig.com Ltd cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Moonpig.com Ltd’s control.
13. Entrants should note that Moonpig.com Ltd does not undertake to return any Entries, including those containing artistic or other material.
14. Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct Entries (for Competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to Moonpig.com Ltd) or from all submitted Entries in Moonpig.com Ltd’s absolute discretion (where creative or artistic merit or other subjective criteria apply to Entries) within 28 days of the closing date specified in the Competition Notice. In all matters, the decision of the judge(s) and Moonpig.com Ltd shall be final and no correspondence or discussion shall be entered into.
15. Prize winners will be notified in the manner and within the time specified in the Competition Notice (and may be contacted by Moonpig.com Ltd’s nominated supplier(s)). Return of any prize notification as undeliverable or your failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the Website.
16. Claims for prizes must be made in the manner and within the time specified in the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
17. Prizes are non-transferable and there is no cash alternative. Moonpig.com Ltd reserves the right to substitute prizes of equal or greater value at any time.
18. Prizes are awarded at the discretion of Moonpig.com Ltd and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where Entries are being judged on creative or artistic merit or other subjective criteria, Moonpig.com Ltd and/or the Competition judges in their absolute discretion reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the requisite standard.
19. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Moonpig.com Ltd reserves the right to request written proof of age of any winner.
20. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
21. All Entries will become the property of Moonpig.com Ltd on its receipt of them and will not be returned. In consideration of Moonpig.com Ltd agreeing to consider entrants to the Competition, each entrant hereby assigns to Moonpig.com Ltd all intellectual property rights in his or her Entries and waives all moral rights.
For the avoidance of doubt, pursuant to the above assignment of intellectual property rights Moonpig.com Ltd (and third parties authorised by Moonpig.com Ltd) may make any and all Entries available on the Website and in any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and license the Entries in any way it sees fit, including in advertising and/or sponsorship.
22. Moonpig.com Ltd does not guarantee to use or otherwise make publicly available any Entry. Moonpig.com Ltd may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
23. Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing, threatening or illegal. If relevant, Moonpig.com Ltd reserves the right, but without having the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
24. Moonpig.com Ltd does not accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. The prizes are provided without warranty of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, conformity with description or fitness for a particular purpose. The express provisions of these Competition Rules are in place of all warranties, representations, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded by Moonpig.com Ltd to the maximum extent permitted by law.
25. Moonpig.com Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received as a result of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
26. Nothing in the foregoing shall exclude Moonpig.com Ltd liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
27. The name of the winner and the winning Entry will be sent to anyone who writes to Moonpig.com Ltd within 3 months after the closing date, enclosing a stamped addressed envelope, requesting details of the winning Entry.
28. Winners may be requested to take part in promotional activity and Moonpig.com Ltd reserves the right, without additional payment or permission, to use the names, ages and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity. By entering the Competition you agree to such use of your personal information, images, photographs and/or audio and/or visual recordings.
29. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation. Data relating to entrants will be retained by Moonpig.com Ltd for a reasonable period after the Competition closes to assist Moonpig.com Ltd to operate Competitions in a consistent manner and to deal with any queries relating to the Competition.
30. The Competition and the Competition Rules are governed by English law and any disputes are subject to the exclusive jurisdiction of the courts of England. The Website is only intended to be accessed from Australia. Moonpig.com Ltd makes no representation that materials on the Website relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Website outside of Australia, you are responsible for compliance with all local laws.
7. Offers and Promotions
The offers and promotions which we make available on our Website or through our App are governed by terms and conditions which will be accessible to you at the time here.
7.1 Moonpig Vouchers
Terms and conditions for Moonpig voucher codes can be found here.
These terms and conditions constitute the entire agreement in respect of the use of the website and the items and services offered via the website. We may vary these terms and conditions from time to time without notice and you should therefore check them each time you intend to use the website.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.