ChewyMoon Limited having 71-75 Shelton Street, London, WC2H 9JQ as its registered address (company number 9919562) trading as chewymoon.com (“ChewyMoon”).
ChewyMoon is a provider of snacks and puzzles.
Definitions and Interpretations
This policy is effective from 01/01/2016. This policy may change from time to time.
The following words shall have the followings meaning in these Terms & Conditions:
- “Agreement” shall mean these Terms and Conditions;
- “Force Majeure” shall mean an event that is beyond our reasonable control, including but not limited to an act of God, postal strike action, a natural disaster, acts and feats of terrorism etc;
- “Products” refers to all products and or services offered by ChewyMoon, including but not limited to snacks, puzzles, collectible cards, jigsaw etc;
- “Subscription” refers to a paid for purchase on our website by you;
- The terms ‘us’, ‘we’, ‘our’ refers to ChewyMoon whilst the use of the words ‘you’, and ‘your’ refers to a customer/member for the purposes of this Agreement.
This Agreement sets out all the terms applicable to your use of as well any purchases (of whatever kind) you make on this website.
Making a Purchase
To receive any of our Products you will need to provide us with the necessary details to process your order. You warrant that to the best of your knowledge all information that you provide to us is your own personal information (not that of another) and is accurate, truthful and complete for us to be able to provide you with the Products. You further warrant that you are at least Sixteen (16) years old as this is the minimum age required by us to deliver to you any of our Products.
The images of the Products on our site are for illustrative purposes only and your products may vary slightly from those images.
Please ensure that any information and data we hold on you is up to date and accurate to avoid any lost shipments as a result of any inaccuracies in any information.
No order is accepted from you until our website displays an order confirmation message.
We select the contents of your boxes based on your ratings. However, we may not send certain combinations of products together in a box.
Discounted subscriptions are limited to one per household. If you are not entitled to a discount, we reserve the right to charge you the full price for the item which you have ordered.
Unless stated otherwise on our website, to receive any of our Products you will need a valid Subscription. Current Products and their associated prices can be found on our subscription page. Prices and Products are subject to change without your prior knowledge and or consent.
Unless cancelled, Subscriptions shall automatically renew, in accordance with their payment frequency i.e. if you pay to receive our Products weekly your subscription will be automatically renewed every week. You can cancel your subscription at any time. Please see cancellation terms below.
On each product page under ‘full ingredients’, we provide a list of the product’s ingredients. We also say if a product contains any of the following ingredients/substances which may cause allergies or intolerances:
- Cereals containing gluten and gluten products;
- nuts (i.e almond, hazelnut, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and queensland nut);
- sesame seeds;
- soya or soybeans;
As all of our products are prepared in the same environment, we are unable to guarantee that our products are completely free from any of the ingredients/substances listed above.
We include nutritional information relating to each product on our website on each product’s page. Your box will also come with a leaflet containing this information relating to the products you have chosen.
Free or discounted introductory offers are only available to new users of the website. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer. Except where otherwise stated, discounts and credits are available only once to any one person and cannot be used in conjunction with any other offers.
You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the Product until you cancel your subscription.
Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will be for a value of £0.01. It is possible that your bank may register a £0.01 charge on your account balance.
Shipments and Deliveries
We aim to dispatch Products for shipping on the same day or next day of purchase.
All Products shall be delivered using 2nd Class post, which may take between 2 and 5 working days from date of despatch, but due to reasons outside our control may take longer.
Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
Boxes are delivered by your local post office. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:
- our stock availability;
- your delivery address;
- when you make your selection; and
- circumstances impacting delivery by the postal service.
Products can only be delivered and shipped to addresses within the United Kingdom, which for the purposes of this Agreement shall mean England, Wales, Scotland and Northern Ireland.
Dispatch and delivery dates may vary according to availability. Any stated date of delivery is an estimate only; deliveries may be delayed by any reason including an act of Force Majeure for which we have no control over. All risk in any Products ordered by you is transferred to you upon dispatch; title to any product is passed to you upon delivery.
The late delivery of any Product does not entitle you to terminate the order. It is your responsibility to report all lost or undelivered boxes online within 7 days of the expected day of delivery.
If your box does not fit through your letter box and you are out when it is delivered, your postie should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this process has not been followed. If the process has been followed, a credit for half the price of the box is given as the box may still turn up. If the box is reported again as having not arrived, the remainder of the credit for that box will be given.
If you change address, you must update your address details in the relevant section of the website to ensure that boxes are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.
We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
In your capacity as a consumer (as defined in the Consumer Protection Distance Selling Regulations 2000) and if you are a resident within the European Union you can cancel your order within 7 working days after the date of delivery. In return we shall provide you a refund within 30 days.
You can make changes or cancel your Subscription at any time by logging into your account online using your email address and password or emailing us at [email protected] or calling us on the phone number stated on the website footer.
Returns and Refunds
You must inspect the Products when delivered to you and notify us immediately of any defects or damages to the Product(s).
Should you not receive any Product that you have purchased from us within 15 days then please contact us immediately. Any lost Products not reported within 15 days shall be deemed delivered.
Your Personal Data
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).
We will keep your Personal Information on secure servers and we shall fully comply with the Data Protection Act 1998 and all other relevant pieces of legislation.
Personal Information for the purposes of this agreement shall mean things like your name, e-mail address, billing address, delivery address, telephone number, product selections and a password.
All trademarks, logos, graphics, icons, trade names, domain names, photographs, animations, videos and texts (collectively known as Intellectual Property) featured on this website and in our provision of the Products to you is the Intellectual Property of ChewyMoon and or its affiliated brands and or partners and cannot reproduced, used or represented without the express permission of ChewyMoon or its partners, under threat of legal action.
You are prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever any of our Products and or services displayed on this website.
Limitation of Liability
This section (and any other clauses excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us.
Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything, which may not legally be excluded or limited.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to the total fees paid or payable by you to us in any one (1) month period before the event(s)complained of or the sum of £50, whichever is higher. In no circumstances shall (including our own negligence) we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or and
- damage to or loss of data (even if we have been advised of the possibility of such losses).
While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and or different information to that displayed on our website. You are strongly advised to read and follow any reasonable instruction contained in or on the packaging of any Product prior to use.
Indemnity and Warranties
For the avoidance of all doubt this website and its entire contents are provided on an “as is” basis. No warranty whatsoever is given that the information, Products and or services offered on this website are fit for a particular purpose. We cannot be liable or responsible for any errors, omissions (in the content of this website or otherwise), failures, delays, or interruptions pertaining to any aspect of the Products or this website in general. All other warranties whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. We may at anytime cease any and all aspects of this website including the offering of any and all Product(s) and or service(s) currently displayed on this website. You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement, your general use of the Product(s), any misuse of the Product(s), and/or to your use of this website.
This Agreement and the pages on this website to which these terms refer, constitute a contract that governs the relationship between ChewyMoon and you. They supersede and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of both you and us. If any of the provisions of this Agreement are declared void in an application of law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain in full effect.
Any delay in exercising or a failure to exercise or enforce any rights available to us by virtue of this Agreement, does not constitute a waiver of that right or any other rights contained herein.
We may modify these Terms and Conditions at any time. You will be informed of the nature of these modifications as soon as they are posted on the website. If you make a purchase after any modifications have been placed online, these modifications shall be immediately applicable, as you will have expressly accepted them through your use of this website.
Jurisdiction and Applicable Law
This Agreement shall be governed by and be interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall decide any disputes arising from this Agreement.