STORE TERMS AND CONDITIONS
1. WHO WE ARE
We Are Moody Limited (“MOODY”, “our”, “we” or “us”) a company registered in England and Wales. Our company registration number is 10047636 and our registered office is at 24 Greville Street, Farringdon, London, England, EC1N 8SS. Our registered VAT number is 289089051.
You can contact us by emailing us at [email protected].
2. THE STORE TERMS AND CONDITIONS
2.2. These Terms set out our services in relation to the MOODY Vitamin Store (“Vitamin Store”) and the advertisement and sale of goods which may be made available to you via the MOODY website (“Website”) and the MOODY Mobile App (“App”) on the MOODY Platform. This includes:
a) vitamins and food supplements (“Supplements”) advertised in the Vitamin Store and which may be purchased on the Amazon website; and
b) MOODY merchandise which may also be purchased on the Amazon website (“Merchandise”).
2.3. Please read these Terms carefully. They are split into two parts:
Part 1 describes how the Vitamin Store works and the role of Amazon; and
Part 2 sets out how we may supply Merchandise to you.
2.4. By browsing the Vitamin Store and/or Merchandise pages on the Website, or by placing an order for Merchandise with us, you agree to have read, understood and accepted these Terms. Please note that these Terms may be subject to change at any time without notice. It is your responsibility to check this page prior to any use or purchase. If you have any queries regarding our Terms, please contact us before use or order placement.
2.5. We are committed to protecting and respecting your privacy. The collection, processing and storage of your data in relation to the Vitamin Store and the purchase of MOODY Merchandise shall be carried out in accordance with our respective MOODY Website and MOODY App Privacy Statements.
2.7. Nothing in these Terms will affect your statutory rights.
PART ONE – VITAMIN STORE
3. HOW THE VITAMIN STORE WORKS
3.1. The Vitamin Store provides information about Supplements curated by our nutritionist, and advertises Supplements for purchase via the Amazon website (as described below). Our services are subject to the disclaimers and limitations in section 8 below, which you should read carefully before using the Vitamin Store.
3.2. These Supplements are organised by a number of wellbeing issues (for example, ‘sleep’), with further subcategories for each (for example, ‘restlessness’) (with the wellbeing issues and subcategories collectively being “Imbalances”). You can navigate the Imbalances to find Supplements which may help to address the selected Imbalance. You may add Supplement(s) to your MOODY basket to save for later, or to proceed to purchase via Amazon (as described below).
3.3. Orders for Supplements initiated on the Vitamin Store are not concluded by MOODY. Instead, the Supplements may be purchased on the Amazon UK website, run by Amazon Europe Core S.à.r.l. or its affiliates (“Amazon”), as follows:
a) once you have added Supplement(s) to your MOODY basket, you may proceed to purchase from Amazon by clicking the ‘Purchase on Amazon’ button;
b) you will then be directed to the Amazon website, where your Amazon basket will show the same Supplements as your MOODY basket; and
c) you can proceed to purchase the Supplements via the Amazon order pages, where your payment details will be taken and your order will be processed.
3.4. The Vitamin Store is only available to users based in the United Kingdom. If you access the Vitamin Store from a location outside of the United Kingdom (a) we shall not accept responsibility for compliance with the laws applicable in the territory in which you have accessed the Vitamin Store, and (b) you shall indemnify us against any and all losses, liabilities or expenses imposed on, incurred by or asserted against MOODY arising from your access to the Vitamin Store.
4. MOODY’S RELATIONSHIP WITH AMAZON
4.1. MOODY participates in the Amazon EU Associates Programme, which allows us to list the Supplements (being Amazon products) on our Website. We only advertise the Supplements, and do not sell them. All purchases for Supplements are made between you and Amazon on the Amazon website.
4.2. As an Amazon Associate MOODY earns from qualifying purchases.
4.3. Please see the ‘Your Amazon Orders’ heading below for further information on your orders.
5. YOUR AMAZON ORDERS
5.1. All orders made for Supplements will be made on the Amazon website and fulfilled by Amazon or a seller on the Amazon website (with Amazon or the seller being, as applicable, the “Amazon Seller”). MOODY is not a party to the contract of sale for Supplements.
5.2. Whilst you are able to browse from our curated list of Supplements and pre-populate the Moody basket, when you click ‘Purchase on Amazon’, you will be rerouted to the Amazon website where your purchase will be concluded.
5.3. Amazon’s terms will apply to any purchase of Supplements. It is therefore important that you read Amazon’s terms carefully before you submit your order to Amazon. Placing Supplements in your MOODY basket does not guarantee that your order will be accepted by Amazon.
5.4. You must be aged 18 years or over to purchase weight loss Supplements from Amazon. There may be other conditions and restrictions in respect of the purchase of Supplements that Amazon or the relevant Amazon Seller sets out on the Amazon website or otherwise communicates to you.
5.5. If you have any queries regarding your Supplement order, please contact Amazon.
6. PRICE, PAYMENT AND DELIVERY
6.1. The price of the Supplements ordered will be the price as indicated on the Amazon website. Payment for the Supplements will be made to Amazon on the Amazon website.
6.2. We are not responsible for the pricing of any Supplements ordered on the Amazon website, nor do we accept any payment for Supplements. We are not responsible for the VAT treatment of the Supplements.
6.3. Amazon will be responsible for delivery of your order, and not MOODY. The costs of delivery will be as displayed to you on the Amazon website.
6.4. If you have any queries regarding price, payment or delivery of the Supplements, please contact Amazon.
7. COMPLAINTS ABOUT SUPPLEMENTS OR THE VITAMIN STORE
7.1. If you have any questions or complaints about Supplements ordered from Amazon, please contact Amazon. MOODY is not responsible for the quality or any other aspect of the Supplements purchased via Amazon.
8. IMPORTANT DISCLAIMERS
8.1. The Vitamin Store aims to provide helpful information and recommendations in relation to health and wellbeing. You acknowledge and agree that all information and content provided on the Vitamin Store is provided for general information purposes only and does not constitute medical advice. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information or content made available on the Vitamin Store.
8.2. Whilst we aim to help direct you to certain Supplements based upon your choice of Imbalances, the information provided on the Vitamin Store is not tailored to you or any particular individual.
8.3. A balanced or varied diet can provide appropriate quantities of nutrients. All Supplements listed in the Vitamin Store are recommended as supplements to a normal diet only.
8.4. Although we make every effort to ensure that Supplement descriptions on the Vitamin Store are up-to-date, you should always read the full Supplement descriptions on the Amazon website before completing a purchase and must always review Supplement labels, warnings and directions of use before using any Supplements.
9. LIMITATION OF LIABILITY
PART TWO – MOODY MERCHANDISE
THIS PART TWO DOES NOT APPLY TO SUPPLEMENTS. SEE PART 1 ABOVE HEADED ‘VITAMIN STORE’ FOR THE TERMS APPLICABLE TO SUPPLEMENTS ADVERTISED ON OUR WEBSITE.
1. ORDERING MERCHANDISE FROM THE MOODY WEBSITE
1.1. Merchandise may be made available to purchase on the Website. To place an order for Merchandise, we require certain information from you, including your name, email address, delivery address and payment details. This information is required to enable us to process your order and notify you of its progress.
1.2. When placing an order on the Website, you agree that all details you provide to us for the purpose of purchasing Merchandise are accurate and complete in all respects.
1.3. Your contract for purchases of Merchandise made through the Website is with MOODY.
1.4. You confirm that all Merchandise ordered by you are for your own private and domestic use only and are not for resale.
1.5. All orders are subject to product availability and acceptance by us.
2. PRICE AND PAYMENT
2.1. The price of the Merchandise (which includes VAT) will be the price indicated on the order pages when you placed your order.
2.2. The price and availability of Merchandise are subject to change without notice.
2.3. We accept payment via Visa, MasterCard, American Express, and PayPal.
3. ORDER PROCESS
3.1. You can make an order for Merchandise on the MOODY Website. By placing an order for Merchandise, you are making an offer to us to purchase the Merchandise detailed in your order upon the terms described.
3.2. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3. You undertake that the payment method you are using is your own and that there are sufficient funds in your account to cover payment of the Merchandise ordered. Any suspected fraudulent activity (such as the use of a false name or stolen credit card details) may be reported by us to the police.
3.4. No charge will be applied to the payment card or PayPal account until the point of despatch of the goods (although we may pre-authorise payment at the point at which you make your order).
3.5. If any Merchandise from your order is unavailable, we will contact you by email, then attempt to fulfil your order and confirm details of any cancellation made where fulfilment has not been possible.
3.6. We take all reasonable care to ensure that the price of the Merchandise advised to you is correct. It is always possible that, despite our best efforts, some of the Merchandise we sell may be incorrectly priced. If the correct price at your order date is higher than the price stated to you, we will contact you and offer you the option to either confirm your order at the correct price or cancel you order. If the correct price at your order date is lower than the price stated, we will refund you the difference.
3.7. We are unable to make amendments to an order after the point of despatch, although you may return the Merchandise in accordance with our returns policy in item 6.
3.8. We reserve the right to terminate our contract with you for the sale of Merchandise and to suspend or terminate your access to the site immediately and without notice to you if:
a) you fail to make payment to us when due;
b) you breach any of our Terms;
c) when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; or
d) we suspect you have engaged or are about to engage in fraudulent or illegal activity on www.wearemoody.com.
4. CONFORMITY OF GOODS
4.1. We are under a legal obligation to provide goods which conform with our contract with you. Every care is taken to ensure that the description, specification and pricing of all Merchandise shown on the MOODY Website is correct. The Merchandise information and specification provided is not binding, but is carefully considered and intended to give a general description of each item of Merchandise.
4.2. While the colour reproduction of the Merchandise is a close representation, we cannot accept any responsibility for any variation in colour caused by the differences in browser software.
5.1. The costs of delivery will be as displayed to you on the MOODY Website.
5.2. Please note that we are only able to deliver Merchandise to addresses located within the United Kingdom (although we can make Merchandise available for collection by you if you are outside of the UK).
5.3. All delivery timeframes stated are estimated and may be subject to change.
5.4. If our delivery of the Merchandise is delayed by an event outside our control 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Merchandise you have paid for but not received.
6. RETURNS POLICY
6.1. If you are not 100% satisfied with your purchase, you can return your Merchandise for a full refund, provided we get them back within 30 days from your receipt of the Merchandise. The Merchandise must be returned in perfect original sale-able condition in the original packaging and with all tags attached.
6.2. Please return goods to We Are Moody: 24 Greville Street, Farringdon, London, England, EC1N 8SS.
6.3. You will have to bear the direct cost of returning the Merchandise (with the exception of returns of faulty items or items that are described or priced incorrectly). We advise you to return the Merchandise via recorded or registered post.
6.4. We will reimburse you the price you paid for the returned Merchandise (excluding delivery costs) within 14 days from (i) when we receive the Merchandise, or (ii) when we receive proof you have returned the Merchandise, whichever is earlier.
6.5. We may make deductions from the price (excluding delivery costs) to reflect any reduction in the value of Merchandise returned if they have not been returned in perfect original sale-able condition in the original packaging and with all tags attached. 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.
6.6. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. Reimbursement will cover the price that you paid for the Merchandise, excluding any delivery costs.
7. YOUR RIGHT TO CANCEL
7.1 In addition to our returns policy (set out in section 6 above), as a UK or EU consumer, you have up to 14 days from the day after you receive your order to cancel your contract with us.
7.2. You can cancel your contract with us by emailing [email protected] or by completing a cancellation form (below) and sending it to us via email or by post to We Are Moody: 24 Greville Street, Farringdon, London, England, EC1N 8SS.
7.3. If you receive your Merchandise after cancelling your contract, you will be required to return the Merchandise to us within 14 days of telling us you wish to cancel. Please return goods to We Are Moody: 24 Greville Street, Farringdon, London, England, EC1N 8SS.
7.4. We will reimburse you the price you paid for the returned Merchandise (including any delivery costs) within 14 days from (i) when we receive the Merchandise, or (ii) when we receive proof you have returned the Merchandise, whichever is earlier.
7.5. We may make deductions from the price (excluding delivery costs) to reflect any reduction in the value of Merchandise returned if this has been caused by your handling them in a way which means they are not in perfect original sale-able condition in the original packaging and with all tags attached. 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.
8. LIMITATION OF LIABILITY
9. COMPLAINTS ABOUT MERCHANDISE
9.2. If you are not happy with how we have handled any complaint, you may wish to use the European Commission's Online Dispute Resolution platform which can be found here. Through this platform you can access further information about resolving disputes in relation to something you have bought online.
10. CANCELLATION FORM
(Complete and return this form only if you wish to cancel your order)
To: [email protected] or We Are Moody, 24 Greville Street, Farringdon, London, England, EC1N 8SS.
[*] Delete as appropriate:
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*:
Ordered on/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is sent by post):