RED MOON STANDARD TERMS & CONDITIONS OF SALE ('this agreement')
Goods being Sold
Terms of Payment and Payment Methods
Warranties and Returns
Limitation of Liability
Intellectual Property Rights and Confidentiality
In this Agreement,
the 'Customer' means any person who places an Order with Red Moon (either as a private consumer or as a business);
the 'Goods' means any items sold or supplied by Red Moon;
'Red Moon means Red Moon , a company incorporated in England (Company Number available upon request - 'Order' means any request or order to purchase the Goods, and;
the 'Parties' refers to the Customer and Red Moon
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Red Moon Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Red Moon. Red Moon is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by the Customer does not in itself constitute acceptance by Red Moon of the Order.
1.3 Red Moon may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Red Moon website or catalogue.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Red Moon website at the time of the Order or the Red Moon catalogue from which the Order is placed provided the catalogue is current at the time of the Order. Red Moon reserves the right to substitute the Goods with newer versions or items of comparable or better quality.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Red Moon may substitute the Goods with items of alternative colour, pattern or design with the Customer's approval.
2.3 If any Goods are unavailable or out of stock then Red Moon may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 We are a business to business (b2b) store and not business to consumer/public (b2C). All purchases made must be from businesses and trade persons only.
3.2 The Goods shall be payable at the prices listed on the Red Moon website at the time of the Order or the Red Moon catalogue from which the Order is placed provided the catalogue is current.. Red Moon reserves the right to update prices on the Red Moon website or in future Red Moon catalogues from time to time. prices advertised on the Red Moon website may differ from prices advertised in the Red Moon catalogue and Red Moon is under no obligation to honour the price in the website if the Order is placed through the catalogue. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
3.3 Unless otherwise stated, all prices quoted exclude Value Added Tax ('VAT'). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.4 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case Red Moon shall be under no obligation to honour the incorrect price.
3.5 Payment for Goods and Delivery may be made by any of the options listed on the Red Moon website or catalogue.
3.6 Red Moon reserves the right to charge interest on late or overdue payments by the Customer.
3.7 All Orders may be subject to further credit or security checks.
3.8 Red Moon's Price Match applies to any lower published price for a like-for-like product offered on the same terms in the UK. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as Red Moon's and the competitor must have stock availability at the time of ordering. The price will not be matched where there are 'hidden extras' such as delivery charges. In order to qualify, the price must be published in writing. Red Moon's Price Match excludes comparing like-for-like products from companies within the Red Moon group of companies.
4.1 Full delivery prices and options are listed on the Red Moon website or catalogue and subject to change from time to time.
4.2 Standard Delivery and Premium Delivery Orders will be sent for 'next day delivery' within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Red Moon before 5.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered 'next day' then delivery will usually be completed within 5 days.
4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time will vary depending on the delivery location.
4.4 Red Moon will use reasonable endeavours to meet delivery estimates in all cases however Red Moon cannot be held liable for any delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title shall not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer's own risk and Red Moon shall not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Red Moon to the Customer from time to time.
4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.
5.1 Faulty products will be covered by the manufacturer’s warranty supplied with the item via the manufacturer or master UK distributor not Red Moon Concepts. Responsibility for this warranty is held with the manufacturer or master UK distributor though this does not affect your statutory rights. In this instance a repair of the items will take place by the manufacturer or authorised agent of the manufacturer. Any call outs that are caused by user error or misuse will be chargeable to the customer. All labour warranties are only applicable for mainland UK and any other sites outside of this will only receive a parts only warranty.
5.2 Products can only be returned if faulty or not made to the specification given. In order to receive a refund your purchase must be return in the original packaging and with all manuals and accessories. If the products are considered faulty by Red Moon Concepts Ltd or the manufacturer we will at our discretion either rectify the problem or offer a full refund and you will incur no return postage costs. If the returned goods are found not to be faulty a fee for carriage will be charged for re-delivery and the goods will be returned to you with no credit being made to your account or refund given.
5.3 Goods that are damaged on delivery must be reported to Red Moon within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by Red Moon may be replaced, repaired, refunded or exchanged at Red Moon's discretion provided Red Moon is informed in writing within 28 days. Certain Goods may be disposed of in accordance with Red Moon safety instructions for replacement, refund or exchange with Red Moon's prior approval.
5.4 The warranties in clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without prior express approval by Red Moon.
5.5 As per our clause 3.1 We are a business to business (b2b) store and not business to consumer/public (b2C). All purchases made must be from businesses and trade persons only.
5.6 None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.
5.7 All returns are subject to authorisation by Red Moon Concepts. Any goods to be returned must be unused and still in the original packaging. Where an item is returned there will be a 25 % re-stocking charge and all returns must be notified to the sales office within twenty four hours of the delivery and will need written confirmation of the above points by the client. A Collection charge will apply and will be advised by Red Moon Concepts once the return has been approved.
6.1 Red Moon reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 Red Moon reserves the right to terminate this Agreement in the event of the Customer being unable to pay its debts or becoming bankrupt or having a winding-up order made or appointing an Administrator, Liquidator, Receiver or similar.
6.3 Red Moon reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Red Moon's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 Red Moon reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
7. Limitation of Liability
7.1 The Customer agrees that Red Moon shall not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude Red Moon's statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless confirmed as insured by Red Moon on acceptance of the Order.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by Red Moon may be subject to copyright (whether owned by Red Moon or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Red Moon harmless for any breach of said covenant.
9.1 This Agreement is governed by English law and the Parties shall be subject to the non-exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.