T & C
Copyright and Monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Mojiana. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of our company. You may download material from our website for the sole purpose of placing an Order with Us or using our website as a shopping service. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
Linked Sites
Mojiana makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Mojiana endorses or accepts any responsibility for the content, or the use of, such a website and Mojiana shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Liability
For any product you purchase from our web site:
- We have the right to refuse to sell or sell the product to you;
- The product will correspond with the advertised description E&OE ( Errors and Omissions Excepted ); and
- The product will be of satisfactory quality in relation to the item description and the price paid.
- We will not consider claims for consequential loss in relation to distress, inconvenience or disappointment.
- In any event liability shall be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
- We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.
- Please Note: Although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies E&OE (Errors and Omissions Excepted). Where this is the case and the error has been pointed out to us we will endeavour to amend the website accordingly as soon as practicably possible. Minor inaccuracies or typographical errors will not be treated as a reason to declare misrepresentation due to the information provided. If you are relying wholly on any content to make your purchase decision please feel free to contact us to clarify and confirm any detail prior to placing your order with us. This does not affect your statutory rights.
- Photographs and Videos are for illustrative purposes only. Product colours may vary slightly due to the photographic process and computer display. Illustrations used are merely illustrations and the product may be cosmetically different but will not deter the quality and/or performance of the product. Any accessories depicted are for illustrative purposes only and are not included with the product unless expressly noted in the product description.
- These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the product(s).
Modifications to Website
The following applies to any information you provide to us, for example during the registration or ordering process.
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”).
- If you obtain or choose to buy products from our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the “Purposes”). All such information collected by us shall be referred to in these terms and conditions as “Personal Information”.
- You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy. By accepting these terms and conditions, you agree to the processing and disclosure of the personal information for the purposes. If you would like to review or modify any part of your personal information then you should contact us via email. In addition, the following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us (“Content”).
- You must own or have the right to submit content for publication on our website and all content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
- You must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
- You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for products or services; and
- We have the right to monitor content and may elicit, reject remove or change content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other content if we believe that their content is, or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
- We are pleased to receive your contributions to the website (these include tips, discussion groups, product reviews, videos and anywhere else that your contributions are included on the website). We point out that the website is international and is accessible throughout the world and that by contributing in any way to the website, as above, you are consenting to the publication of your contribution on our websites. Mojiana reserves the right to edit or not to display any contributions for whatever reason where necessary. No correspondence will be entered into regarding this.
- All advertised sizes and measurements are an approximation but OSF endeavour to make sure that all are as accurate as possible
Security
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
Applicability of Online Materials
Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. Mojiana makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable Non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.
You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Mojiana accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
Buying Products on our Website
To Order a Product you will need to follow the Ordering procedures set out within these conditions. Details of Procedures, Products, Prices, Payment and Delivery are displayed on our website. You will be given clear instructions on how to navigate our simple on-line ordering process and you shall be required to provide us with your personal details. If goods are required for a specific purpose which is over and above the item description or what is reasonably expected of the goods this needs to be notified to us at the time of purchase. By clicking on the “Proceed” button on the order form you are consenting to our Terms and Conditions.
Mojiana cannot guarantee that online items you have purchased from us are exactly the same colour shown on the website due to the photographic process and computer display, but however it will be very similar.
If you have any comment, concern or complaint about a Product you have purchased from us, please contact us via email.
Prices
Prices listed are in GBP and are current at the time of display; however Mojiana doesn’t accept liability for any errors in such prices. We may change the advertised price of a Product at any time and such change will be notified by amending the relevant prices displayed on the website.
The Price of your Order will be validated by us as part of the acceptance procedure. We try to ensure prices displayed on our website are correct at all times. Should a Pricing error arise, we will inform you if a Product’s correct price is higher or lower than that stated on your Order and you may then choose to proceed or not with the order as required. We reserve the right to refuse and cancel any order where a pricing error has occurred.
Payment
Mojiana accepts Amex, Visa, Master card, Maestro, Switch and PayPal as payment for all online orders. Payments are taken securely online at the checkout stage.
First time customers will be asked to register with us and returning customers to login to their existing account before payment.
Shipping costs will be added at checkout.
The price you pay is the price displayed on this website at the time we receive your order (and any applicable additional Delivery charges) apart from the following exception:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled, any monies already paid will be refunded. If you cancel and you have already paid for the goods, you will receive a full refund.
Mojiana is entitled to refuse any order placed by you. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order acceptance by Mojiana.
Acceptance of your order and the commencement of the contract between both parties will take place on despatch to you of the product(s) ordered unless we have notified you that we do not accept your order or you have cancelled it prior to dispatch.
General
We may assign, transfer, or subcontract any or all of our rights and obligations under these terms and conditions at any time.
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that current version. You must check the terms and conditions on the website regularly or at least on each visit to our site.
These terms and conditions together with the privacy policy, security policy, any order, order acknowledgement and communications and payment method instructions, if any, are the whole agreement between you and us. If any provision or terms of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor Mojiana will be held liable for any failure to perform any obligation to the other due to causes beyond your or Mojiana’ respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute waive of that obligation or right.
These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999. Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.
Mojiana shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
Notwithstanding the any of above, Mojiana’ liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause. This of course does not affect your statutory rights as a consumer, and does not affect your contract cancellation right.
All products sold on our websites are for Domestic Use only unless otherwise stated in the description and/or product pages. Any warranty offered or implied, unless otherwise stated in the description, is for Domestic Use Only.