Moonpig.com Limited - Consumer Terms & Conditions of Sale (USA)
Dated: March 2024, version 3
Thanks for visiting Moonpig. We will do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your cards or gifts.
These are the terms and conditions (Terms) on which we, Moonpig.com Limited (Moonpig), shall supply products (Product (s)) to you, whether these are goods or digital content available on www.moonpig.com/us/ (Website) or any official Moonpig phone application that you access in the USA (App).
These Terms are our agreement with you regarding your purchase of Products on the Website and the App and are legally binding. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end our contract with you, what to do if there is a problem and other important information. If you have any questions or require clarification on these Terms, please contact us by referring to the table in section 1.2.
PLEASE NOTE THAT these Terms, unless otherwise stated, do not apply to Digital Gift Cards purchased via our Website or App and we refer to our Gift Cards Terms and FAQs in relation to Digital Gift Cards on our website.
If you do not agree to these Terms, you must not order any Products from this Website or the App.
DEFINED WORDS: In these Terms a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to Moonpig.com Limited. Any reference to “you” or “your” is a reference to any consumer and these references may be used interchangeably.
1 INFORMATION ABOUT US AND HOW TO CONTACT US Who we are Moonpig.com Limited is a company registered in England and Wales under registration number 03852652. Our registered office is 10 Back Hill, London, England, EC1R 5EN.
How to contact us
You can contact our customer service team (Customer Service Team), depending on where you live, in the following ways: Social Media (Facebook pages) - Facebook: @MoonpigUSA Email - [email protected] Post - Digital Lizard, Attn: Customer Service, 500 Corporate Drive, Mahwah, NJ 07430, United States of America
1.1 How we may contact you If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.
1.2 "Writing" includes emails When we use the words writing or written in these Terms, this includes emails.
1.3 Your status You must be at least 18 years old to place an order on our Website or the App.
2 ORDERING FROM MOONPIG 2.1 How to place an order In order to place an order with us, we require you to create an online account with us (Moonpig Account). When you create a Moonpig Account, you will need to supply us with your real name and a valid email address. Please also see section 18.1.
You place an order on the Website or App by pressing the Checkout button during the checkout process. By confirming your order, you are agreeing to purchase the Product you have selected which shall be subject to these Terms.
When you confirm your order, we will take payment for your order by means of your nominated payment method.
We will then send to you an order confirmation email detailing your order and any other information we must provide to you.
2.2 How we will accept your order Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract (Contract) will come into existence between you and us.
2.3 If we cannot accept your order There may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the Product. We may be unable to accept your order because: (a) we have identified an error in the price or description of the Product; (b) it appears that the order mistakenly duplicates another order; (c) the use of images for a Personalised Product (defined in section 3.3) are corrupted, unsupported technically or inadequately pixelated; (d) your Personalised Product contravenes, or appears to contravene, our Content Rules (section 3.4); (e) there are unexpected limits on our resources which we could not reasonably plan for; (f) a credit reference we have obtained for you does not meet our minimum requirements or we cannot obtain authorisation for your payment; (g) we suspect that the order has been placed fraudulently; (h)we are unable to meet a delivery deadline you have specified; (i) the Product is out of stock; (j) a promotional offer or discount code has been used outside of a valid promotion period or has expired; (k) your order otherwise breaches any of the requirements of these Terms; or (l) for any other business reason to be ascertained at our sole discretion
2.4 Your order number We will assign an order number to your order and tell you what it is when we send you an order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
2.5 Ordering multiple Products When ordering multiple Products as part of the same order, we will inform you, within a reasonable time period, as to whether we will (or can) dispatch on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple Products within the same order will be delivered in the same package or at the same time.
3 OUR PRODUCTS Cards and other Products sold by us through our Website and the App are manufactured and shipped from a range of different in-house and third-party production facilities based in the USA, Australia, United Kingdom, Guernsey and overseas. You acknowledge that save as to Cards, personalised mugs and personalised t-shirts manufactured by Moonpig, all other goods are manufactured independently by third parties and. Moonpig acts as a reseller of these goods.
3.1 Products may vary slightly from their pictures The images of the Products on our Website or the App are for illustrative purposes only. Although we have made every effort to display the colours and other details accurately, we cannot guarantee that your device's display of the colours or other details accurately reflects the colour or other details of the Products. Your Product may vary slightly from those images.
3.2 Product packaging may vary The packaging of the Product may vary from that shown in images on our Website or the App.
3.3 Personalised Products If the Product includes personalised content selected by you, it is a personalised Product (Personalised Product). If it is a standard Product which does not include any content selected by you, it is a non-personalised Product (Non-Personalised Product).
It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example the content is correctly spelt).
Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is your responsibility to ensure that your recipient’s name and. address is correct.
If you are uploading a photograph, video or audio file you must ensure that you have obtained all relevant permissions to use the photograph, video or audio file from any persons in the photograph, video or audio file and the photograph, video or audio file is otherwise appropriate to upload. If you are uploading a photograph, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image, we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it however we cannot accept responsibility if your Personalised Product does not meet your expectations.
By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in a Personalised Product, you grant us a non-exclusive, perpetual, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify such content or material in order to conform it to Moonpig requirements or the requirements of the Product you have ordered (such as by cropping images).
The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP.
If you use third party intellectual property, including without limitation copyright or trademark rights, in any Personalised Product, it is your responsibility to ensure that you receive permission from the owner of the intellectual property to use it on the Personalised Product and to license it to us as contemplated in these Terms. You agree to indemnify, defend and us harmless from any third party claim of infringement for our use of such third party’s intellectual property on the Personalised Product. We will not accept any liability whatsoever if any Customer IP infringes on third party copyright. In any event, you will be held responsible for any costs, fees and third party damages we may be required to pay to a third party because of. such infringement and you will be liable to reimburse these payments to us in full.
3.4 Content Rules You must not use or include any content or material on any Personalised Products which: (a) infringes anyone's IP (see below the definition in section 11). In particular, you must ensure that you either own the IP in the Customer IP that you wish to include in a Personalised Product or that you have permission from the IP owner to include that Customer IP in the Personalised Product as described in section 3.3; (b) contravenes any applicable law (including, without limitation, any criminal law) or regulation; (c) is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;(d)misrepresents identity or impersonates any person; (e) includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person; (f) is pornographic, obscene, indecent or offensive, has sexual connotations, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group; (g)may harass, upset, embarrass or alarm any person; (h)gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise; (i)may violate the integrity and reputation of our name, and the names of our partners and licensors; (j)advocates, promotes or assists any unlawful act; (k)includes or makes reference to illegal drugs; or (l)makes reference to politicians' names and/or political statements.
4 PRICE AND PAYMENT 4.1 Where to find the price for the Product The price of the Product (which excludes taxes which are determined at checkout will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see section 4.5 for what happens if we discover an error in the price of the Product you order.
4.2 Payment
4.3 You can pay for your Products using credit card, debit card, PayPal, ApplePay, any account credit, or any other payment method which we make available to you at the time of your order. Please note that we do not accept payments via American Express.
4.4 VAT Should you require a full VAT invoice you can request this via our contact form and visit here. Please allow up to 28 working days for the full VAT invoice to be sent.
4.5 Offers, discounts, vouchers and competitions If you have been sent a discount code or voucher by us, you must apply it at the checkout to benefit from a discount or price reduction. Please note that promotional offers, discount codes and vouchers can only be applied to our specified Products. They cannot be used for discounts on postage or delivery charges unless otherwise specified.
Promotional offers and discount codes must be used within the valid offer time, but we reserve the right to dispatch Products outside of this period. Moonpig reserves the right to cancel, change or extend offers at any given time, without notice. Promotions cannot be backdated or applied retrospectively to orders already placed. There are no cash alternatives for offers or discount codes. For further information on Moonpig Reminders, please see section 13.
4.6 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4.7 What to do if you think your order confirmation receipt or invoice is wrong If you think your order confirmation receipt or invoice is wrong, please contact our Customer Service Team promptly to let us know.
5 DISPATCH, DELIVERY AND PROVIDING THE PRODUCTS 5.1 General information The dispatch date is the date that we send the Product you order, not the date that it is delivered. During the order process, we will generally notify you of the dispatch dates available and the expected timeframe for receiving your order. However, Moonpig does not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order. For orders that are accepted, unless we inform you otherwise in the order process, we will make reasonable efforts to dispatch the Product you have ordered within 5 days of the order. It is your responsibility to ensure that the postal information you input for delivery is correct.
5.2 Delivery costs The price of most Products on our Website and App do not include delivery costs. We will notify you of the delivery cost at the checkout stage before you place your order. There may be occasions from time to time (for example, a promotion) where delivery costs are included in the price of our Product. On these occasions, this information will be clearly stated on our Website or App. We reserve the right to change the delivery costs at any time.
5.3 Same day dispatch For same day dispatch orders, orders will need to be placed by the cut off times, as directed on screen when placing your order on the Website or App as so that the order can be dispatched on time. These vary for Cards and gifts, If orders are placed outside these cut off times, we will not be able to offer same day dispatch and orders will be processed the following business day.
5.4 Delivery options For more information on the range of delivery options available, please visit here.
5.5 Estimated delivery times Products are delivered by United States Postal Services (USPS) and FedEx for consumers based in the USA (or another third party carrier from time to time) Please visit here. These Terms are in relation to deliveries made in USA only and for delivery times for the UK, Netherlands, Ireland or Australia, please see those applicable separate Terms and Conditions. Please note that only cards can be delivered worldwide If the Product is a one-off purchase of digital content, such as an eCard, we will make the digital content available to the recipient either immediately, the same day or at 9am EST on your selected date of delivery, depending on the option you select.
5.6 We are not responsible for delays outside our control If our supply and/or delivery of the Products is delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent, collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. However, if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any Products you have paid for but not received. Your statutory rights as a consumer are not affected.
5.7 When you become responsible for the goods A Product shall be your responsibility from the time we deliver or attempt delivery of the Product to the address you gave us.
5.8 When you own goods You only legally own a Product which is goods once we have received payment in full.
5.9 What will happen if you do not give required information to us We may need certain information from you so that we can supply the Products, for example, the delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either terminate the Contract (and section 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. 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 correct information, we need within a reasonable time of us asking for it.
5.10 Reasons we may suspend the supply of Products to you We may have to suspend the supply of a Product to deal with technical problems or make minor technical changes; update the Product to reflect changes in relevant laws and regulatory requirements; or make changes to the Product as requested by you or notified by us to you.
5.11 Your rights if we suspend the supply of Products We will contact you as far in advance as practicably possible to tell you we will be suspending supply of the Product that you have ordered. If we have to suspend the Product for longer than 48 hours, we may contact you to cancel your order and refund any sums you have paid. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
6 YOUR RIGHT TO MAKE CHANGES As a courtesy, we may allow you to make changes to your order on your Moonpig Account. If you cannot make changes on your Moonpig Account, then you will need to contact our Customer Service Team by Email (see section 1.2 for contact details) to see if a change is possible. Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7 OUR RIGHT TO MAKE CHANGES
7.1 Minor changes We may have to make minor changes to a Product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. Minor changes will not affect your use of the Product.
7.2 Significant changes There may be circumstances where we have to make significant changes to our Products. If we do need to make such changes, we will notify you of this as soon as possible. You may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
8 YOUR LEGAL RIGHTS TO END THE CONTRACT
8.1 Your rights Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract, including:
(a)if what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or a service re- performed or to get some or all of your money back), see section 9.1; (b)if you want to end the Contract because of something we have done or have told you we are going to do, see section 8.2; (c)if you have just changed your mind about the Product, see section 8.3. You may be able to get a refund at our sole-discretion but this will be subject to deductions and you will have to pay the costs of return of any goods; (d)In all other cases (if we are not at fault and there is no right to change your mind), see section 8.5.
8.2 Ending the contract because of something we have done or are going to do If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any Products you have ordered which have not been provided. You may also be entitled to compensation. The reasons are: (a)We have told you about an upcoming change to the Product which you do not agree to (see section 7.2); (b)we have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed; (c)we have told you there is a risk that supply of the Products may be significantly delayed because of events outside our control; (d)we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or (e)you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind For most Products bought online you have may change your mind within 14 days and receive a refund. How long you have depends on what you have ordered and how it is delivered: (a)Have you bought digital content for download (for example, an eCard)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until the email containing the eCard has been opened. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. (b)Have you bought goods (for example, a Non-Personalised Product)? if so you have 14 days after the day you (or the recipient) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or the recipient) receives the last delivery to change your mind about the goods;
8.4 When you don't have the right to change your mind You do not have a right to change your mind in respect of (a)Personalised Products; (b)digital products such as eCards after the recipient has opened the email containing the eCard; (c)products which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and (d)services, once these have been completed, even if the cancellation period is still running.
8.5 Ending the contract where we are not at fault and there is no right to change your mind Even if we are not at fault and you do not have a right to change your mind (see section 8.1) you can still end the Contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the Product is delivered, downloaded or streamed and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, you can contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.
9 ENDING YOUR CONTRACT WITH US 9.1 Reporting a problem If you have questions or are unhappy with your order, please contact our Customer Service Team via Email (see section 1.2 for contact details). You will need to quote your order number, the email address you have registered and the details of the problem with the order. We aim to acknowledge any complaint within 14 days and will do our best to resolve it within 28 days. We may ask you to take a photograph of the Product to help us communicate with our suppliers and to correct any future problems. Should it be necessary, we will then advise you how to return your item. If you receive a Product from us in error, you must inform our Customer Service Team immediately. Our Customer Service Team will then provide you with instructions on how to return or securely destroy the Product.
9.2 Your legal obligation to return rejected Products If you wish to return a rejected Product, you must return the Product to us as instructed to the return address stated on the package, in the original packaging, and describe the reason for the return. Procedure for returns and refunds For Products you choose to return, we will make reasonable efforts to refund you the price you paid for the returned Products, including certain delivery costs (see section 9.5), by the method you used for payment within 14 days from the day on which we receive the Product back from you. and, as to Personalised Products, in accordance with the Guidance below. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. Personalised Products, including cards, mugs - Where an item is faulty, please contact our Customer Service Team via Email. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. You can speak to our Customer Service Team for a Freepost returns address if you do not have one. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have. If you are eligible for a refund, we will reimburse the price you have paid for the Product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend. Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3 on Personalised Products for more information.
9.3 When we will pay the costs of return We will pay the costs of return of a Product you order and have received if: (a)the Products you receive are faulty or misdescribed; (b) if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; (c)if we, or on behalf of our suppliers, have requested a return of the Product due to a product recall.
9.4 Deductions from refunds if you are exercising your right to change your mind We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10 OUR RIGHTS TO END THE CONTRACT 10.1 We may end the Contract if you break it We may end the Contract for a Product at any time at our discretion by writing to you if:
(a)you do not, within a reasonable time, allow us to deliver the Products to you or the recipient or collect them from us/your local depot. 10.2 You must compensate us if you break the contract If we end the Contract in the situations set out in section 10.1 we will refund any money you have paid in advance for Products we have not delivered to you or which have been returned to us where you did accept delivery of the Products or did not collect the Products from us/your local depot, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract, at our discretion.
11 MOONPIG'S INTELLECTUAL PROPERTY For the purposes of these Terms, the following words will have the meanings as set out below: (a)IP means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know- how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world. (b)Content means all text, software, applications, graphics, audio, visual and/or audio- visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content. Unless otherwise stated, all Content on and IP in relation to our Website and/or App is wholly owned by Moonpig or its licensors. "Moonpig" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent. You may use and access our Website and/or App to the extent and purpose required for ordering any Products and/or services made available by Moonpig on the Website and/or App in accordance with these Terms. You are not allowed to: (a)remove any notices relating to IP contained in any Content, material and/or Products taken from our Website, App or otherwise; (b)whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Moonpig without the prior express written permission and licensing by us to do so; (c)use Moonpig, including but not limited to, its Website, Content, IP, Products and/or services for any commercial purpose other than in accordance with these Terms; and (d)use any robot, spider, scraper or other automated means to access the Website or App for any purpose without our prior express written permission. Any rights not granted in these Terms are reserved for our own benefit. We reserve the right to change the Terms without prior notice to you at our sole discretion from time to time.
12 OUR WEBSITE/APP We will always try to ensure that our Website and App is available 24 hours a day. However, we will not be liable if for any reason the Website or App is unavailable at any time, or for any period. Please note that we run AB price tests on our Website. This is a randomised process by Moonpig servers when a customer visits our Website. This means that if you are randomly selected, you may have a slightly different browsing experience to other users. Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We 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.
13 MOONPIG REMINDERS
13.1 How to participate You can set up reminders for your upcoming events (Reminder) on your Moonpig Account or during the checkout process and you may benefit from discounts off such cards from time to time (Reminder Voucher).
13.2 How it works The Reminder must be set at least 9 days before the date of your event (Event Date). Before your Event Date, we will send you a push/email notification to remind you of the Event Date. This push/email notification includes details about the Reminder Voucher offer (where applicable) which is valid for 7 days. Your Reminder Voucher (where applicable) will automatically be generated and applied to your session when you click on the email link or tap on the notification. When you log into your Moonpig Account, the Reminder Voucher (where applicable) will be applied to your basket. Each Reminder is considered to be marketing activity. By setting up Reminders, you are giving Moonpig permission to email or notify you about the Event Date, even if you are opted-out of other marketing activity (for instance, newsletters). To stop getting Reminders, you need to delete the Reminders that you have set up from your Moonpig Account.
14 CUSTOMER REVIEWS By submitting a review on our Website, App, Trust Pilot or any other third party websites you confirm and agree that you are the sole author of the review, your review is accurate and that you are at least 18 years' old. For any review that you submit, you grant Moonpig a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world. You must agree that you will not submit a review that: (a)you know to be false, inaccurate or misleading; (b)is confidential or personal information of a third party; (c)breaches any applicable law, or that advocates, promotes or assists any unlawful act; (d)infringes anyone's intellectual property rights; (e)is or can be regarded as offensive, abusive, threatening or defamatory; (f)promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group; (g)references any other website or service; (h)misrepresents identity or impersonates any person; (i)pornographic, obscene or indecent; (j)may harass, upset, embarrass or alarm any person; or (k)comments on any other reviewer. We reserve the right to decline publication of reviews or to remove reviews at our discretion. By submitting your email address in connection with your rating and review, you agree that Moonpig may use your email address to contact you about your review. We will not pass your details onto any third parties without your consent. Moonpig accepts no liability for your personal information in relation to reviews you leave on third party websites.
15 HOW WE MAY USE YOUR PERSONAL INFORMATION We will only use your personal information as set out in our Privacy Policy and Cookie Policy, which are subject to change from time to time: If you are based in USA: Privacy Policy: here
Cookie Policy: here
16 WE ARE RESPONSIBLE FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so under applicable law.
16.3 We are not responsible for damage or loss arising from your actions We are not responsible for any damage or loss incurred by you when such loss or damage is caused by negligence, wilful misconduct or concealment of information by you (deliberate or otherwise).
16.4 We are not responsible for losses to your business We only supply Products for personal 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.
17 GENERAL
17.1 Your Moonpig Account Please note that we do not perform verification checks when you create a Moonpig Account, and it is therefore important that you provide your real name and a valid email address when signing up. For the avoidance of doubt, if you do not provide your real name and a valid email address then you shall not be in compliance with the Terms. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.
17.2 Suspension If you are found to be in breach of these Terms, we reserve the right to suspend your Moonpig Account, you order and all access to Moonpig's Website and App. In addition, we are entitled to suspend provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
17.3 Change of Terms These Terms may change from time to time and when they do, we will post the new version of the Terms on the Website and the App and flag it appropriately. We will note the last date the Terms were revised on the first page of the Terms. Please review the Terms regularly.
17.4 We may transfer this agreement to someone else We may assign or transfer our rights and obligations under these Terms to another organisation at our discretion.
17.5 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee) You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our guarantee to the recipient who has acquired the Product or, where the Product is services, any item or property in respect of which we have provided the services. We may require the recipient to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant Product.
17.6 Nobody else has any rights under this contract (except someone you pass your guarantee on to) This contract is between you and us. No other person shall have any rights to enforce any of its Terms, except in respect of the guarantee as explained in section 18.5.
17.7 If a court finds part of this contract 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.
17.8 Even if we delay in enforcing this contract, we can still enforce it later Just because we do not insist immediately that you do anything you are required to do under these Terms, it does not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.9 Which laws apply The Terms are governed by the state laws of New York without regard to conflict of law principles.