Terms & Conditions
Welcome to www.treaclemoon.net (the “Website”). The Website is operated by Blue Orange Brand Management Limited, a limited company registered in England under company number 03708700, with its registered office at The Courtyard, Cokenach, Barkway, Hertfordshire, SG8 8DL (“Blue Orange”, “our”, “we”, or “us”).
Listed on this page are the terms and conditions which apply to your interactions with us.
These terms and conditions may be modified from time to time but, should this happen, they will be posted on the Website. These changes won’t apply retrospectively unless you agree to it. If you don’t wish to be bound by these terms and conditions then please don’t use the Website or place orders on it.
Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.
Unless we state otherwise, all content published on the Website is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website is accurate and up to date, we cannot warrant that the content is complete and accurate. We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or posted by a third party (e.g. testimonials and comments), or from any connection problems.
We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Any changes made will apply to any new session you start on the Website after the changes are made, or one hour after the changes are made (whichever is sooner). Continued use of the Website shall be deemed your acceptance of such changes.
PERSONAL INFORMATION ABOUT YOU AND YOUR VISIT TO THE WEBSITE
CONTENT PROVIDED BY YOU
Any material which you contribute to the Website, including reviews, feedback, stories, testimonials, and images (“Contribution”), is subject to our Acceptable Use Policy as part of these terms and conditions.
From time to time, we may conduct competitions on the Website. Those competitions and your entry into them will be governed by separate competition rules.
TRANSACTIONS CONCLUDED THROUGH THE WEBSITE
Contracts for the sale of products formed through the Website, or as a result of your visits to the Website, are governed by these terms and conditions.
All such contracts are binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of the contract. If your rights are adversely affected, we will seek your consent or give you the right to end your Contract with us.
You may only Transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
The terms and conditions on the Website are subject to change and any contract for the sale of Products will be formed under the terms and conditions in use at the time the contract is made.
YOUR RIGHT TO ACCESS THE WEBSITE
None of the products, services, or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its products, services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.
COMPLIANCE WITH LAWS
We have done our best to ensure that the Website complies with UK law. However, we make no representations that the Products, services, and content on the Website are appropriate or available for use elsewhere.
If you are visiting the Website from a location outside the UK, you are responsible for compliance with all applicable laws. If use of the Website, or use of any products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately.
We will take all reasonable care to ensure that all product descriptions appearing on the Website are correct at the time when the relevant information was entered onto the system. All descriptions of products appearing on our Website may not always reflect the position exactly at the moment you access or use our Website. We cannot guarantee that the image of a product will be reflected accurately on the Website.
The products offered or promoted on the Website are not medical products. Notwithstanding any third party content or promotional or marketing material, the products may produce different results for different users.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions.
These terms and conditions including the documents referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of the Website and/or supply any of the services or any of the Products to you and supersedes all previous agreements in respect of the same.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices section of these terms and conditions. A waiver by us of any default shall not constitute a waiver of any other default.
If any of these terms and conditions or any provisions of a contract concluded under these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent allowed by law.
The terms and conditions are governed by the laws of England and Wales. Any dispute (including non-contractual disputes) which cannot be resolved between us shall be subject to the exclusive jurisdiction of the courts of England.
ACCEPTABLE USE POLICY
We want everyone who uses the Website to have a positive and safe online experience – in this section we set out the terms under which you may access the Website and use the services and resources we provide on it. We ask that you comply with the spirit of these terms as well as the letter.
These standards apply to all and part of any Contribution (as defined in the Content Provided by You section of the terms and conditions) you make. Please note that we reserve the right not to publish any particular Contribution on the Website.
Where they state opinions, be genuinely held
Comply with all applicable laws
Contributions must not:
Contain anything defamatory, obscene, offensive, hateful, threatening, or inflammatory
Contain or promote sexually explicit material or violence
Be used for deception, or to mislead as to your identity or affiliations
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Infringe anyone else’s copyright, trademark, or other intellectual property rights
Promote or suggest anything unlawful, including copyright infringement or computer misuse
Be made in breach of any legal duty, including a contractual duty or duty of confidence
Invade another’s privacy
Be likely to harass, upset, embarrass, alarm, or annoy another person
Give the impression that they come from us when they do not
You may only use the Website for lawful purposes.
You may not use the Website:
in any way that breaches any law or regulation
in any way that is fraudulent
for the purpose of harming or attempting to harm children or minors in any way
to send, receive, or use any material which does not comply with our content standards
to transmit, or procure the transmission of, any unsolicited or unauthorised promotional material or similar (e.g. spam).
OWNERSHIP OF YOUR CONTRIBUTION
By making a Contribution:
you agree that we have the right at our discretion to use, copy, distribute, edit, publish, and disclose to third parties your Contribution (including your name and town, if given) for any purpose, including for advertising and promotional purposes, worldwide, for the duration of any copyright subsisting in your Contribution, without payment of any fee, royalty, or other compensation
to the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world
you warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights
you acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution)
you agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us
subject always to our Limitation of Liability Statement, you release us from any and all claims, liabilities, or damages arising from our use of the Contribution (including privacy and image rights)
Your Contribution will be considered non-confidential and non-proprietary. You agree that we may disclose your details to any third party which is claiming that your Contribution is a violation of their intellectual property rights or other legal rights.
ACCESS TO INFORMATION
YOUR ACCOUNT WITH US
If you open an account with us, you must ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.
If you are given a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone else. You agree to accept responsibility for all activities that occur under your account or password.
You should inform us immediately if you have any reason to believe that your password has been compromised or there has been any other breach of security regarding the Website that comes to your attention.
We have the right to suspend your account or to disable any username or password at any time if we believe you have failed to comply with these terms and conditions or for security and maintenance reasons.
LINKS TO OTHER WEBSITES
Where we provide links to other websites or resources, you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).
We shall have no liability whatsoever for any loss, offence or damage resulting in connection with your use of any external linked website or resources, including in respect of any reliance placed by you on any comments, representations, advertising materials, products, or services.
INTERFERENCE WITH THE WEBSITE
You must not attempt to interfere with the proper working of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device. You must not transmit any material containing viruses, Trojans, worms, spyware, adware, or any other harmful programs or code.
Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user’s identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.
We may from time to time provide interactive services on the Website, including forums and user comment areas (“Interactive Services”).
We have no obligation to monitor or moderate any Interactive Service. In particular, we will have no liability to you for any loss or damage incurred by using or relying on any Interactive Service in breach of these terms and conditions.
SUSPENSION AND TERMINATION
When we think that a breach of this Policy has occurred, we may take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.
By submitting a Contribution or using this Website, you warrant that you are in compliance with the standards set out in this policy, and that you will compensate us for any losses we suffer in the event of a breach of this warranty.
LIMITATION OF LIABILITY
In this section we set out what we are and are not liable to you for in the provision of the Website and any products. This section applies to all our terms and conditions.
The terms in this section apply only to the extent allowed by law and do not affect your statutory rights as a consumer. Nothing in these terms and conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.
We will not be responsible or liable to you for any damage caused by any Contribution, or the loss of any Contribution. You agree to fully compensate us and our employees, agents, and suppliers for all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of any Contribution, or any non-compliance with or breach of these terms and conditions by you, or any other liabilities arising out of your use of the Website.
We will not be responsible for any losses, direct or indirect, that you may suffer as a result of us breaching these terms and conditions that were not reasonably foreseeable to both you and us when you commenced using the Website.
USING THE WEBSITE
We will do our best to ensure that all material and information published on the Website is accurate. However, the Website is provided on an “as is” and “as available” basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, or any third party content accessed on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect will be fixed promptly or at all.
Commentary and other materials posted on the Website are not intended to constitute advice upon which any reliance should be placed. To the fullest extent permitted by law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Notwithstanding any third party content or promotional or marketing material, the Products should be used by you as directed (and subject to such precautions as notified) to you from time to time by us, whether through the Website, in the instructions on the packaging, or otherwise.
The Products offered or promoted on the Website are not medical products or medical devices, and may produce different results for different users. The Products should be used by you only as directed.
We warrant to you that any Product purchased from us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the Products. This does not affect your legal rights as a consumer, nor does it affect any right to cancel.
If we fail to comply with these terms and conditions, we are only responsible for loss or damage you suffer that is a reasonably foreseeable and a direct result of our breaking these terms and conditions or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these terms and conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, or when the contract for the sale of Products by us to you was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
To the extent allowed by law, where any claim relates to the supply of Products by us to you, our liability for losses you suffer is limited to the purchase price of the Product you purchased.
To the fullest extent permissible by applicable laws, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of income or profit, loss of business, loss of contracts, loss of anticipated savings, loss of data, business interruption, loss of business opportunity.
We exclude liability for actions taken in response to breaches of our Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
INTELLECTUAL PROPERTY POLICY
We are the owner and/or licensee of the “treaclemoon” trade and brand name, trade mark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by or licensed to us.
By accessing the Website, you acknowledge and agree that all Copyright Material shall at all times remain our property and/or shall at all times be vested in us or our related entities or third party licensors.
USING OUR COPYRIGHT MATERIAL
You are permitted to access and use the Copyright Material on the Website for your own personal and non-commercial use. However, you may not modify, copy, reproduce, upload, or distribute, by any means, any material or information on or downloaded from the Website without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.
Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.
REQUESTS TO USE COPYRIGHT MATERIAL
The Website may incorporate third party content and we may be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.
If you are seeking permission to use any Copyright Material other than as expressly permitted by this section, please contact our legal department (email: firstname.lastname@example.org) and we will request relevant information to allow us to review the request. If your request is approved, that approval will be subject to specified terms set out in such grant and you may be required to enter into a licence or other agreement prior to use of such Copyright Materials.
INTELLECTUAL PROPERTY IN YOUR CONTRIBUTION
Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.
SHIPPING & RETURNS
Subject to availability, after we have accepted an order for Products we will use all reasonable means to deliver the Products within the time stated for your chosen shipping service. Due to the size of some Products or large quantities ordered, we may have to split up your order; if that happens, you will only be charged once for shipping. We will aim to dispatch as soon as possible; however, any date specified for delivery is approximate and we shall have no liability for failure to deliver on such specified date.
SHIPPING OPTIONS, CHARGES AND ARRANGEMENTS
Shipping charges will be displayed clearly on the order page before payment is requested.
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
If after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the Contract.
Risk in the Products shall pass to you on delivery. Please check your Products thoroughly on receipt as we cannot be liable for any damage caused once they are in your possession. This does not affect your statutory rights. You will only own the Products once we have received payment in full.
CONDITIONS OF SUPPLY
This section sets out the conditions under which we will supply Products to you through the Website.
Although we do our best to ensure that all material and information published on the Website is accurate, all Products are subject to availability. If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (which may include email). If you have already paid for the Product or service, we will refund you in full as soon as reasonably possible.
We reserve the right to restrict the availability of individual products or categories from time to time, including limiting the number of such products that may be purchased in any month.
To place an order through the Website, you warrant that you are legally capable of entering into binding contracts, and resident in the UK.
You must be purchasing as an individual for private use and not as a wholesaler or reseller. We reserve the right to cancel orders where we believe that they are intended for resale.
You can check and correct your order at any point up until you have clicked the ‘PAY NOW’ button on the checkout page.
The contract between us shall be concluded in English. If these terms and conditions (or any part of them) are made available in languages other than English, the English language version shall take priority.
You are required to provide us with your email address when placing an order (or when registering an account with us). We will notify you by email as soon as possible to confirm that we have received your order. Please note that all orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an e-mail confirmation that the Product has been dispatched (“Confirmation”). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. The contract between us (“Contract”) will only be formed when we send you the Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. These prices include VAT and any other applicable sales taxes but exclude delivery costs, which will be added to your order before your payment is finalised. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Prices are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.
We take all reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
Currently, you can pay by Paypal, MasterCard or Visa credit, Visa debit. In placing your order with a credit or debit card you confirm that the card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We may obtain validation of your credit or debit card details before providing you with any Products or services. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
If the issuer of your card refuses to authorise payment we will not accept your order or be under any obligation to deliver the relevant Products. We will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery of the Products ordered. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Your credit/debit card will be charged when we dispatch your order. If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to any Products that are the subject of an unpaid order.
OUR RIGHT TO CANCEL ORDERS
Very occasionally we may need to cancel an order at our discretion. If this becomes necessary, it will be without charge to you.
YOUR STATUTORY CANCELLATION RIGHTS
CANCELLING A PRODUCT ORDER
You may cancel a product order at any time, without having to give a reason, pursuant to your statutory rights under the consumer (information, cancellation and additional payments) regulations 2013 (the ‘regulations’). To exercise your right to cancel under the regulations, you must notify us within 14 days of the day after you received the order unless your product order is split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the product order.
We will refund you the cost of the order plus the cost of standard delivery (if you opted for a faster class of delivery, any additional cost of delivery above that of standard delivery will not be refunded). This refund will be within 14 days of cancellation or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, unless the circumstances of your refund process prevent it, in which case we will inform you of such delay and the reason for it. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
If you do decide to cancel your order, please contact our Customer Services Department (email@example.com). You can also contact the customer services department by post at: Blue Orange Brand Management Ltd., The Courtyard, Cokenach, Barkway, Hertfordshire, SG8 8DL. Please quote your order number in all correspondence. You will be responsible for the cost of return and for ensuring the products reach us safely. The right to cancel does not apply to certain types of products, including any goods that are made to your specification or clearly personalised and goods that are sealed for health protection or hygiene reasons which are unsealed.
We try to dispatch all orders within 48 hours of receipt, so if you do change your mind, please notify us as soon as possible. If your order has already been dispatched or delivered, then you’ll need to follow our returns procedure to return the products to us. We will issue the refund to you on receiving the returned products, provided they are in a hygienic and resaleable condition. Any returned products that are not in a hygienic or resaleable condition may be disposed of and we shall have no liability to you in this regard, for refunds or otherwise. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
Please contact customer services on firstname.lastname@example.org to request return authorisation, stating reason for return. If you are asked to return any Products (see “Faulty or Damaged Products” below), please package them well to prevent any damage during transport.
We recommend that you use a “signed for” delivery method and obtain proof of postage. Please include a note detailing the reason for the return and giving your order number and any other details our Customer Services department have asked you to include.
If you have any difficulty or have any other queries regarding the returns procedure please contact email@example.com
who will be able to assist further.
Unfortunately we cannot accept liability for returned goods that we don’t receive, or for those that get damaged in shipping on their return.
It’s important that returned Products are in the best possible condition, so please take reasonable care of them and keep all packaging where possible.
If we have sent you the wrong items, or your order is faulty (see the Faulty or Damaged Products section below), damaged or not as described on arrival, please contact us. We will refund the postal charges you incur to return such items. Please make sure that you obtain proof of postage.
FAULTY OR DAMAGED PRODUCTS
Nothing in this section affects your legal rights as a consumer under applicable laws, and we have a legal duty to supply Products of the quality described in your order. If any Product you purchase is damaged or faulty when delivered, we may offer an exchange or refund as appropriate, in accordance with your legal rights. Please note that if the damage to a Product occurred after delivery, no refund or exchange will be made.
If you believe a Product is faulty, you should notify our Customer Service Department on firstname.lastname@example.org and return the Product in accordance with their instructions.
We have taken reasonable steps to display, as accurately as possible, the colours and other detailing of our Products in the images that appear on the Website. However, as the actual colours and detailing you see onscreen will depend on your monitor, and we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.