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1. CONTRACTING PARTIES
The WHSmith Cards web site is owned and operated by Moonpig.com Limited under licence from WHSmith.
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 Studio 2, 92 Lots Road, London SW10 0QD
Email address admin@moonpig.com
Telephone number +44 20 7803 0399
VAT registration number 744470234
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
Prices of all greetings cards are exclusive of VAT. However, your goods will
be shipped from Guernsey and therefore all shipments made to the UK under the
value of £18 are exempt from VAT. If your consignment is worth more than £18
then Moonpig will pay the VAT on your behalf. Please note that no VAT receipts
can be issued for goods ordered from the website.
2.3. Delivery
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.
3.1. Prepay
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.
3.7. Refunds
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.
4.4. Cookies
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.secpay.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.
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. GENERAL
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.
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