Our Terms & Conditions

These terms and conditions (“Terms”) tell you who we are, how we will provide our products to you, how you and we may change or end our agreement, what to do if there is a problem, how to contact us and other important information. Please read these Terms carefully before you submit your order to us. By ordering our products, you agree to these Terms. You can print a copy of these Terms by clicking on the print icon on your browser.

1.
INFORMATION ABOUT US AND HOW TO CONTACT US
1.1
We are Mind Candy Limited, a company registered in England and Wales. Our company registration number is 05119483 and our registered office is at 4th Floor, Bonhill Building, 15 Bonhill Street, London EC2A 4DN, UK. Our VAT number is GB123412069.
1.2
You can contact us by writing to us at support@moshimonsters.com or our registered office address above.
1.3
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided us with.
2.
ORDER PROCESS
2.1
You can place an order by following the order process on our site (“Order”). When you submit your Order, we may review your Order (but we are not obliged to) to ensure that it complies with our guidelines and these Terms. We may refuse to process an Order where we believe that any content breaches our guidelines or Terms. All products are offered for sale subject to availability and subject to our acceptance of your Order.
2.2
Our acceptance of your Order will take place when we have processed your order and payment has been successfully received. We will send you an email confirming that your order has been accepted (“Order Confirmation”), at which point a binding contract will be formed between you and us. Please check the details in your Order Confirmation and contact us to notify us of any error or mistake with the Order as soon as reasonably practicable. If you do not do so, you may not get what you wanted.
2.3
We will assign an order number to your order and tell you what it is in the Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
2.4
Once we have accepted your order, in the unlikely event that we are unable to fulfil your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock or due to unexpected circumstances such as unforeseen limits on our resources that we could not reasonably plan for, or an error in the price or description of the product.
3.
OUR PRODUCTS
3.1
Although we make every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown on images on our website. The images of the products on our website are for illustrative purposes only.
3.2
We may make minor changes to the products where required to implement minor technical adjustments and improvements. Please rest assured that we will always endeavour to provide you with a product that is of at least the same quality, if not better, than what you originally ordered.
4.
MAKE SURE YOUR SPECIFICATIONS ARE CORRECT
4.1
As we are customising the product using the words and/or selections you have given to us, please check carefully that you have sent us the correct information. Before you submit your order, you can easily make changes by using the back buttons. Once you have submitted your order, you can’t make any changes or cancel your order (except when we have made a mistake).
4.2
You must supply to us all the information that is required on the order submission pages. This is so that we can fulfil your order. If you give us incomplete or incorrect information, we may end the agreement or ask you for the required information. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.
DELIVERY
5.1
The costs of delivery is additional to the cost of the products and will be as displayed to you on our site. In some cases, our site will show that delivery will be free.
5.2
Depending on where your delivery address is, we estimate that your order will be dispatched within 10 working days of the date of our Order Confirmation email. These times for dispatch are indicative only.
5.3
We are not responsible for delays outside our control. Once the product is dispatched, we do not have any control over the delivery services such Royal Mail or the courier. Where we are aware of any delay by an event outside our control, we may, where possible, contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We are not responsible for delays caused by events outside our control, but if there is a risk of substantial delay beyond 30 days you may contact us to end the agreement and receive a refund for any products you have paid for but not received within 30 days of our Order Confirmation.
5.4
The product will be your responsibility from the time we deliver the product to the address you gave us. However, even though you are responsible for the product, you do not own it until we have received payment in full.
6.
REPLACEMENT OR CANCELLATION
6.1
You may cancel an Order or request a replacement only in the following circumstances:
  1. If your product is defective or has mistakes (due to our fault) and you inform us at the earliest opportunity after you have discovered the defect or mistake, which in any event should be within 30 days after receiving the product; or
  2. If we have not delivered the Order within 30 days after the date of our Order Confirmation.
6.2
To cancel an Order or request a replacement, you must send an email to support@moshimonsters.com with your Order number, specifying whether you want to cancel or order a replacement and your reasons. We may, at our discretion, request that you return the product to us within 14 days of notifying us, ensuring that the product is in its original packaging (which you should retain for this purpose), using the pre-paid return label we send to you.
6.3
Except as explained above, you cannot cancel an Order or request a replacement once you have submitted your Order as each product is personalised specifically to your specifications.
6.4
If you cancel an Order due to a defect or mistake on our part, we will refund the price you paid for the product (including any delivery charges). If you request a replacement product, we will send you the replacement product at our cost. Where we require a return of the product, we will send you a pre-paid return label that you must use to return the product.
6.5
All refunds will be made to the payment card or service which you used to make the payment.
7.
OUR RIGHTS TO END THE AGREEMENT
7.1
We may cancel an Order at any time by writing to you if:
  1. your payment is not successfully collected or is reversed;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to produce the product; or
  3. you do not, within a reasonable time, allow us to deliver the product to you.
7.2
If we end the agreement in these situations, we will refund any money you have paid in advance for that Order, unless you have not allowed us to deliver the product to you, in which case, no refund is due.
7.3
If you wish to exercise your legal rights to reject products you must first return the products to us by post.
8.
PRICE AND PAYMENT
8.1
Prices of products are indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product displayed is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we discover the mispricing before we accept your Order, we will contact you for your instructions before we accept your Order. 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 agreement, refund to you any sums you have paid and require the return of any products provided to you.
8.2
We accept a variety of payment methods as set out in our website. We will charge your credit or debit card or PayPal or Amazon Pay account when we accept your Order and send you an Order Confirmation.
8.3
For orders shipped to the EU, prices are inclusive of VAT. For orders shipped to a delivery address outside the EU, import duties and taxes may be levied once a delivery reaches your country. As the importer of the products, you will be responsible for any additional charges, import duties, taxes or customs clearance costs. If you would like further information about your local customs policies, please contact your local customs office.
8.4
We use third party payment providers to accept payments from you and you will be asked to submit your payment details to the relevant third party payment provider. Please note that you may be required to accept additional terms and conditions relating to the service provided by the third party payment provider. We are not responsible for any liability arising out of or in connection with your use of any third party payment provider.
9.
OUR INTELLECTUAL PROPERTY RIGHTS
9.1
All copyright and other intellectual property rights in our products and any combination of words and selections available for customisation on our site are owned by Mind Candy or our licensees. Purchasing our products does not give you ownership in any intellectual property rights in our products, design, content or services.
10.
OUR LIABILITY
10.1
If we do not perform our obligations under these terms or breach this agreement in any way, we will be responsible for the losses you suffer limited to the net purchase price (excluding taxes and delivery costs) of the products you have bought. In addition, we are not responsible for any loss or damage that is not foreseeable.
10.2
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:
  1. for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  2. for fraud or fraudulent misrepresentation;
  3. for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for purpose; supplied with reasonable skill and care; and
  4. for defective products under the Consumer Protection Act 1987.
10.3
We are not responsible for business losses. 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 profit, loss of business, business interruption, or loss of business opportunity.
10.4
Except as expressly set out in these Terms, our Site is provided on an “as is” basis without any representation or warranty of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied.
10.5
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this agreement. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights (UK)

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

  • up to 30 days: if your item is faulty, then you can get a refund.
  • up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
11.
HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1
We will only use any personal information that we may collect about you in accordance with our Privacy Policy http://mindcandy.com/privacy. By accepting these Terms, you also accept and consent to our Privacy Policy. We will use the personal information you provide to us:
  1. to supply the products to you;
  2. to process your payment for the products; and
  3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
12.
OTHER IMPORTANT TERMS
12.1
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
12.2
This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
12.3
If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.5
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit your dispute for online resolution here.