Terms & Conditions

1. Information About Us

1.1. We operate the website thisismoom.com. We are Moom Ltd., a company registered in England and Wales under company number 10044874 and with our registered office at 56-60 Shelley Road, Boscombe, Bournemouth, BH1 4HY, United Kingdom. If you would like to contact us via email please send an email to support@thisismoom.com

1.1 Contacting us if you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact form on our website. If you use this method we will email you to confirm we have received your cancellation. If you are emailing us or writing to us, please include details of your order to help us identify it. If you send us cancellation by email then your cancellation is effective from the date you send us the email.

(b) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

2. Our Products

2.1. The images of our products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display accurately reflects the colour of the Products. Your Products may vary slightly from those images, including the colour, tarnish level and grain of wood.

2.2. If you are dissatisfied with any of the Products we deliver, please contact us within 24 hours of receiving them. All our Products are made to order and we are free to commit any design improvements without notification. We always work to enhance the quality of our Products aesthetics, usability and reliability.

2.3. Although we have made every effort to be as accurate as possible – all sizes, weights, colours, dimensions and measurements indicated on our site are approximate only.

2.4. The packaging of our Products may vary from that shown on images on our site.

2.5 Your product must be installed by a qualified electrician, unless it has a plug for an electrical socket (e.g. table light).

2.6 As our products are handcrafted, each one will be individual.

3. Your Purchase

3.1 By placing an order on our website, you warrant that:

3.1.a You are legally capable of entering into binding contracts; and

3.1.b You are at least 18 years old. If you are under 18 we may need the express consent from your parent or legal guardian.

4. How The Contract Is Formed Between You And Us

4.1   Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take your time to read and check your order at each page of the order process.

4.2   When you purchase Products from our Website, and you have pressed the “Purchase” button, we shall confirm your Order via email and assign you with an order number to confirm your purchase. This email is NOT an acceptance of your Order, just a confirmation that we have received it (Order Confirmation). The Order Confirmation will confirm the following: a description of the Products ordered; the total price of the goods; the applicable delivery charges, information relating to your right to cancel.

4.3   The contract between us will only be formed when we send you the Dispatch Confirmation. The Dispatch Confirmation is the email that we send to you when we have accepted your Order and it will be sent to you on dispatch to you of your Order (unless we have been unable to fulfil your Order or if you have cancelled the Order beforehand).

4.4   Please quote the order number in all subsequent correspondence with us. All prices for the Products and services include VAT unless otherwise stated.

4.5   If we are unable to supply you with a Product, for example because that Product is no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

5. Our Right To Vary These Terms

5.1   We amend these Terms from time to time. Please scroll down to thisismoom.com Website Terms to see when these Terms were last updated.

5.2   Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5.3   We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

5.3.a      Changes in relevant laws and regulatory requirements; and

5.3.b     Due to unforeseen circumstances affecting the manufacturing process  

5.4   If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.

6. Your Consumer Right Of Return And Refund

6.1   If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards office.

6.2   However, this cancellation right does not apply in the case of any bespoke or customised goods which have been customised in accordance with your specific request.

6.3   Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

6.3.a      Your legal right to cancel an Order starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your Order and which is the date on which the contract between us is formed) and the end date is the end of 30 days after the day on which you receive the Product (for example, if you receive the Products on Monday 4th August, the end date is Thursday 3rd September). If your Order consists of multiple products the end date is 30 days after the day on which you receive the last of the separate Products ordered. This 30 day period is known as your ‘Cooling off’ period.

6.4   To cancel a Contract, you just need to let us know you have decided to cancel by email, telephone or post. If you are emailing or writing to us please include details of your order to help us identify it. If you send us your cancellation notice by email or by post then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

6.5   If you cancel your Contract we will:

6.5.a      Refund you the price you paid for the Products, less the cost of delivery to you. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

6.5.b     Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

6.5.b.1 If you have received the Product and we have not offered to collect it from you: 30 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 6.8;

6.5.b.2 If you have not received the Product or you have received it and we have offered to collect it from you: 30 days after you inform us of your decision to cancel the Contract.

6.6   If you have returned the Products to us under this clause 6 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges and any other reasonable costs you incur in returning the item to us.

6.7   We will refund you via the payment method you have used to pay (e.g. credit card, debit card Clearpay, PayPal, etc.).

6.8   If a Product has been delivered to you before you decide to cancel your Contract:

6.8.a Then you must return it to us without undue delay and in any event not later than 14 days after the date on which you let us know that you wish to cancel the Contract.

6.8.b  Unless the Product is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

6.9   Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.

6.10 All product costs are charged in the currency shown at checkout – for example Pounds (GBP) on thisismoom.com

7. Delivery

7.1   We will contact you via email when your order has been dispatched and this email will have a tracking code so you can monitor the progress of your delivery. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.

7.2   If no one is available at your address to take delivery, then a note left by the delivering company will have further instructions for you to follow. If you need our help in tracking the package then please contact us on support@thisismoom.com.

7.3   Delivery of an order will be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.

7.4   You own the Products once we have received payment in full, including all applicable delivery charges.

7.5   If we miss the 30 day delivery deadline for any products then you may cancel your Order straight away if any of the following apply:

7.5.a  We have refused to deliver the Products;

7.5.b Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.5.c You told us before we accepted your Order that delivery within the delivery deadline was essential.

7.6   If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

7.7   If you do choose to cancel your Order for late delivery under clause 7.6 or clause 7.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

7.8   All delivery and shipping costs are charged in the currency show at checkout – for example Pounds (GBP) on thisismoom.com.

8. Pricing

 8.1 Prices charged will be the current list price on the day on which an order is placed unless otherwise stated in writing by Moom Ltd. Moom reserves the right to change list prices at any time and on any product without prior notification.

8.2 Where Moom’s quotation contains prices which are different from the published price list and an order is placed within 30 days from the date of the quotation, then the prices shown in the quotation shall be the prices payable for the Product.

8.3 Unless otherwise stated in a Contract, prices are quoted exclusive of value added tax and sales tax, carriage and freight which will be payable in addition.

8.4 Only one discount code can be used at a time. Discount codes are not valid on clearance items.

9. Delivery Lead Times 

9.1 Moom will make all reasonable efforts to deliver all Products within the period stated upon Confirmation of Order. Moom will not have any liability to the Customer for any delay in delivery.

9.2 An Order will only be considered placed once a Confirmation of Order has been provided by Moom.

9.3 The Customer will be responsible for inspecting the Product upon delivery and it is a condition of the Contract that any shortage or defect in Product at delivery are notified to Moom in writing immediately or at most within two working days from the delivery date.

10. Payment Terms

10.1 Where Products are ordered to a specific Customer specification, it is the responsibility of the Customer to verify the specification of the Product as outlined in the Confirmation of Order provided to the Customer.

10.2 If a custom ordered item meets the specification agreed to in advance of the Confirmation of Order, these Products may not be returned under any circumstances.

10.3 Invoices that are not disputed within 20 days of the invoice date are conclusively deemed accurate.

10.4 You shall pay the undisputed portion of the fees promptly and provide written details specifying the basis of any dispute. 

10.5 For non-stock (bespoke) items, a non-refundable 50% deposit is payable at the point of order.

11. Property & Risk

11.1 The risk of loss or damage to the Product passes to the Customer upon delivery.

11.2 Any Products delivered to the Customer remain the property of Moom until payment in full of all amounts due to it from the Customer has been received by Moom

11.3 No re-sale of the Product by the Customer shall take place until payment is made in full to Moom.

12.  Unexpected Events 

12.1 If Moom is prevented from carrying out its obligations to the Customer by a cause beyond its reasonable control, including fire, flood, storm, failures of sub-contractors or transport, industrial action or acts of God, Moom shall not be liable for any failure or delay. However, Moom will try to find alternative ways of performing its obligations where possible.

13.  Guarantees & Liability

13.1 Moom will have no liability to the Customer or any third party if the Customer does not comply in all respects with Moom’s instructions in relation to the product.

13.2 If the Customer notifies Moom immediately, it becomes aware of any defect in the Product which appears within two years of delivery, Moom will, at its option, either repair or replace any Product found to be defective due to faulty manufacture or materials supplied by Moom.

13.3 Where a defect has been notified, the Customer will, if so requested by Moom, return the Product to Moom at the Customer’s expense. If Moom subsequently confirms that the returned Product contains defects attributable to Moom, the reasonable costs of re-delivery incurred by the Customer will be refunded.

 13.4 The warranties given above will not apply to defects that are due to fair wear and tear, accidental damage or failure by the Customer or any third party to adhere to Moom’s instructions or written recommendations. 

13.5 All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Customer, by entering into the Contract, acknowledges that the only warranties are those given expressly by Moom in these Conditions.

13.6 Under no circumstances will Moom have any liability to the Customer for any loss or damage (whether direct, indirect or consequential and whether in contract or in tort) except as expressly stated in these Conditions. However, this will not relieve Moom from its legal liability for death or personal injury which is due to the negligence of Moom

14. Default 

14.1 If the Customer:

a) commits a breach of contract, or

b) fails to make a payment on the due date; or

c) becomes insolvent or has a receiver appointed then, in any such case Moom shall be entitled either to suspend the supply of Product or, at its option, to cancel the Contract and repossess any Product for which payment has not been received in full. Moom shall also have this right if it reasonably considers that any of the events mentioned (a), (b) or (c) above are likely to occur.

15.  Severance

15.1 If any provision of these Conditions is held by a court to be unenforceable, the remaining provisions of the Contract will continue in effect.

16. General 

16.1 Moom has the right to subcontract its obligations.

 16.2 The Contract shall be governed by the laws of England and Wales.

17. Dispute

17.1 Any dispute between the parties shall be finally determined by the courts of England and Wales and the parties agree to submit to the jurisdiction of those courts. 

17.2 All products offered by Moom are supplied expressly upon these terms with no additions or modifications.

18. Our Liability To You As A Consumer

18.1  If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

18.2 We only supply Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

18.3  We do not in any way exclude or limit our liability for:

18.3.a  Death or personal injury caused by our negligence;

18.3.b Fraud or fraudulent misrepresentation;

18.3.c Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

18.3.d Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

18.3.e  Defective products under the Consumer Protection Act 1987.

19. Other Important Terms

19.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 13 to the recipient of the gift without needing to ask our consent.

19.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.

19.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.5 As a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

thisismoom.com Website Terms

Moom Ltd. (“we or Moom”) provide its content on this website (the “Site” and “Site Content”) subject to the following terms and conditions (the “Terms”). 

We may periodically change the Terms, so please check back from time to time. 

These Terms were last updated on 15th November 2022. By accessing and using this Site, you agree to these Terms. 

For an explanation of Moom’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

Copyright

All content and functionality on the Site, including text, graphics, logos, icons and images and the selection and arrangement thereof is the exclusive property of Moom or its licensors and is protected by English and international copyright laws. All rights not expressly granted are reserved.

Trademarks

The trademarks, service marks, designs and logos (collectively, the “Trademarks”) displayed on the Site are the Trademarks of Moom and its licensors. You agree that you will not refer to or attribute any information to Moom or its licensors in any public medium (e.g. press release, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Moom or its licensors.

Use of Site Content

Moom hereby grants you a non-exclusive, non-transferable licence to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Moom’s prior written consent.

User Postings

You acknowledge and agree that Moom shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Moom for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Moom’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that

1. are threatening, libellous, defamatory, or obscene;

2. would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate law;

3. infringe the intellectual property, privacy, or other rights of any third parties;

4. contain a computer virus or other destructive element;

5. contain advertising; or

6. constitute or contain false or misleading statements.

Moom does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Moom reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

Notices of Infringement and Takedown by Moom

Moom prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Moom at the address shown below, giving a written statement that contains:

1. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

2. identification of the allegedly infringing material on the Site that is requested to be removed;

3. your name, address, and daytime telephone number, and an e-mail address if available;

4. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorised by the owner, its agent, or the law;

5. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of the right that is allegedly infringed; and

6. the signature of the intellectual property right owner or someone authorised on the owner’s behalf to assert infringement of the right.

Disclaimers

The content and functionality on the site are provided with the understanding that Moom is not herein engaged in rendering professional advice and services to you. 

All content and functionality on the site are provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.

Moom and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Moom shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the site, or provided by third parties.

Neither Moom nor its third-party content providers shall be liable for any indirect, incidental, consequential or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

Third-Party Websites

We may provide links to third-party websites. Moom has no responsibility for these third-party websites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Governing Law

These Terms and conditions are governed by and shall be constructed in accordance with the Laws of England and under the jurisdiction of the English Courts.

Discount Codes

Discount codes applied on our website are valid when you spend a minimum of £100. Discount codes are valid on full priced items, and they are single-use codes – one code is valid against one purchase.

Cookies

Please refer to our Cookie policy.