Terms and Conditions
1. AGREEMENT TO THESE TERMS
1.1 These terms and conditions govern your ordering and purchase of any products (“Products”) from the Rebel Moments Limited website, www.rebelmoments.com (the “Site”).
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end a contract, what to do if there is a problem and other important information. They also contain some important obligations that you must meet, and what might happen if you do not meet those obligations.
1.3 By using the Site and/or placing an order for any Products, you accept these terms and you agree to comply with them, to the exclusion of all other terms including any you may put forward.
1.4 An agreement, incorporating these terms, becomes binding between you and us as soon as you:
1.4.1 Receive confirmation of your order from us; or
1.4.2 Access or use parts of the Site that are not dependent on placing an order.
1.5 If you do not agree with these terms you must not use our Site or purchase any Products.
1.6 We recommend that you print a copy of these terms for future reference.
1.7 Please note you may not use the Site or order any Products for any commercial purpose – they are for personal use only. Any breach of this requirement will be a serious breach by you of your contract with us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Rebel Moments Limited, a company registered in England and Wales. Our company registration number is 11862125 and our registered office is at The Colour Laboratory, Lelant, St. Ives, Cornwall, United Kingdom, TR26 3HU. Our registered VAT number is 317137812
2.2 You can contact us by [writing to us at firstname.lastname@example.org or Rebel Moments Ltd, The Colour Laboratory, St Ives, TR26 3HU
2.3 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.
2.4 When we refer to “Rebel Moments” in these terms, we mean us and the Site, according to the context.
2.5 When we use the words “writing” or “written” in these terms, this includes emails.
3.1 You can only sign up for an account and/or order Products if you are at least 16 years of age and are a resident in the UK.
3.2 To sign up you will be required to provide us with your name, address, contact number, payment details and any other identification details we require. You warrant that the information you submit is yours, accurate, complete and up to date.
3.3 You are solely responsible for maintaining the accuracy of your account information on our Site.
3.4 The responsibility for the security of your account information and access is solely down to the named individual in the account. You are also responsible for all activities, including orders under your account, whether or not you actually authorised them. We accept no liability for any loss or damage arising from unauthorised access or use.
3.5 We have the right to suspend, terminate, or remove your account at any time at our own discretion.
3.6 You must notify us as soon as possible of any actual or suspected unauthorised use or access of your account.
4. OUR PRODUCTS
4.1 The images of the Products on our Site are for illustrative purposes only. Although we have made reasonable endeavours to display the Products accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour, typefaces and layout of the Products. Your Product may vary slightly from those images.
4.2 The packaging of the Product may vary from that shown in images on the Site.
4.3 If we are making the product to measurements you have given to us you are responsible for ensuring that these measurements are correct.
5. PERSONALISING PRODUCTS
5.1 We aim to provide you with high-quality personalised products. Please double-check your order on screen before the order is placed and carefully check your acknowledgement email to ensure that all the details are correct.
5.2 It is up to you to ensure that any content you have provided for inclusion in a personalised product is correct and is spelt correctly. We are not obliged to provide any refund or replacement of any Product to rectify an error by you.
5.3 If you are uploading a photo, images must be in [JPEG or PNG] format. Any other format cannot be accepted. If you upload a photo that has a lower resolution or image size, we will accept it. However, an on screen warning will generally appear to let you know that the image may not appear very well on the Product.
5.4 By uploading, posting, contributing any content or material for a Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sublicences) to use, reproduce, and adapt that content or material solely for the purpose of performing obligations and exercising rights under these terms.
5.5 Please note content or material that you provide may be modified to conform to the Product you have ordered.
5.6 We do not allow personalised products to include content or material which:
(a) infringes anyone’s copyright;
(b) infringes any other rights, such a trade marks;
(c) contravenes any applicable law or regulation;
(d) is offensive, abusive, threatening or defamatory, or might cause distress to any person;
(e) includes any material containing personally identifying information about another person (for example their address or phone number); or
(f) advocates or promotes any unlawful act.
You warrant that none of the content or material that you provide does any of the above and you agree to indemnify us against any loss, liability, damage or cost that we might suffer as a result of it so doing.
5.7 No right of cancellation for personalised products: All our Products are personalised to your requirements. The right to cancel an order and return a product under the Consumer Rights Act 2015 or any other such laws does not apply to the Products that we supply, because they have been made to your specific requirements.
6. PLACING YOUR ORDER
6.1 Your order is placed on the Site by pressing an order confirmation button at the end of the checkout process.
6.2 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.
6.3 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be for the following reasons:
(a) if a component for the Product is out of stock;
(b) due to unexpected limits on our resources which we could not reasonably plan for;
(c) we have identified an error in the price or description of the Product;
(d) we are unable to meet a delivery deadline you have specified;
(e) the use of images for a personalised Product are corrupted, unsupported technically, or of inadequate quality;
(f) if a personalised Product you have ordered contains anything which contravenes, or appears to contravene clause 5.7 above or public policy; or
(g) for any other reason in our discretion.
6.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
6.5 We reserve the right to decline any order at our discretion. 6.6 Our Site is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
7. OUR RIGHTS TO MAKE CHANGES
7.1 We may change these terms, the Site and our Products:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.
7.2 In addition, we may make other changes to these terms, the Products or the Site, but if we do so and it may affect an order that you have placed, we will notify you and 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. PRICE AND PAYMENT
8.1 Any order or delivery shall be charged directly to your selected payment method.
8.2 You own a Product once we have received payment in full and it has been despatched to you.
8.3 All payments on our Site are in GBP and must be made in accordance with these terms.
8.4 The price for a Product (which includes VAT) will be the price indicated on the order pages when you place your order. We use our best efforts to ensure that the price of the Product is correct.
8.5 If the rate of VAT changes, we will adjust the rate of VAT that you pay, unless you have already paid for the Product before the change in the rate of VAT takes effect.
8.6 Your order will only be dispatched after we have received full payment for the Product.
8.7 We use a third-party supplied payment provider to collect and process your payments for Products.
8.8 The payment provider is responsible, and we shall not be liable for, any matter in connection with the processing of payments.
8.9 You agree to notify us or our payment provider of any issues or discrepancies in respect of payments within 60 days after they first appear in your account. If you do not notify us within 60 days, you agree to waive your right to dispute these issues.
8.10 If you do not make payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.11 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we may charge you interest on correctly invoiced sums from the original due date.
9.1 The costs of delivery will be as displayed to you on the Site.
9.2 During the order process we will provide an estimated delivery date, which should be within 30 days after the day on which we accept your order. Please note that this is only an estimated delivery date. We will not be liable for any failure to deliver on that date.
9.3 If our supply of the Products 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 Products you have paid for but not received.
9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our delivery agent may leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
9.5 If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.3 will apply.
9.6 The Product will be your responsibility from the time we deliver the product to the address you gave us or at the arranged location.
9.7 We may need certain information from you so that we can supply the Products to you, for example. If so, this will have been stated in the description of the Products on the Site. We will contact you in writing 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 end the contract (and clause 12.3 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 information we need within a reasonable time of us asking for it.
10. CANCELLATION AND SUSPENSION OF THE CONTRACT
10.1 Subject to this clause 10, the contract will be deemed to have commenced at the time the order is placed and you will be liable to pay the full amount of the order.
10.2 As stated at clause 5.7, because all our Products are personalised for your order and we will start working on them straight away, the usual right of a consumer to change their mind and cancel an order does not apply.
10.3 You may end a contract for a reason set out at (a) to (e) below. If you wish to do so, you must give us written notice of termination and the contract will end immediately. We will refund you for any non-personalised products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which will have an adverse effect on you and you do not agree to that change (see clause 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 (see clause 6.3(c));
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control (see clause 9.3);
(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 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
10.4 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, when you decide to end the contract:
10.4.1 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 to get some or all of your money back), see clause 13;
10.4.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.3;
10.5 We may have to suspend or delay the supply of a Product to:
10.5.1 deal with technical problems or make minor technical changes;
10.5.2 update the Product to reflect changes in relevant laws and regulatory requirements.
11. ENDING THE CONTRACT WITH US
11.1 To end the contract with us in the circumstances permitted by these terms, please let us know by emailing us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 If you end the contract for any reason permitted by these terms after Products have been dispatched to you or you have received them, you must return them to us. You must arrange for them to be delivered back to us at Rebel Moments Ltd, The Colour Laboratory, St Ives, TR26 3HU or (if they are not suitable for delivery) allow us to collect them from you. Please email us at firstname.lastname@example.org for a return label or to arrange collection. You must send off the goods within 14 days of telling us you wish to end the contract.
11.3 We will pay the costs of return:
11.3.1 if the Products are faulty or misdescribed; or
11.3.2 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. In all other circumstances you must pay the costs of return.
11.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
11.5 If you are entitled to a refund under these terms we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
(d) you commit any other serious breach of your contract with us.
12.2 If we end the contract in the situations set out in clause
12.3, in addition to any payment due from you and any other rights we may have, we may:
(a) terminate your order; and/or
(b) obtain possession of any of the Products in your possession; and/or
(c) deduct or charge you £10 (or more if reasonable) as compensation for net costs we will incur as a result of you breaking the contract.
12.4 If we end the contract in the situations set out in clauses 9.5, 9.7 and 12.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you £10 (or more is reasonable) as compensation for the net costs we will incur as a result of your breaking the contract.
12.5 We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
13. DEFECTIVE PRODUCTS
13.1 If you are a consumer we are under a legal duty to supply Products that are in conformity with this contract.
13.2 If you exercise your legal rights to reject the Product:
(a) you must give us notice in writing, including a photo of the Product, that a Product is defective;
(b) Give us reasonable opportunity to examine the Product; and
(c) Return the Product to us.
We shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full. To return the Product, you must arrange for the Product to be delivered back to us at Rebel Moments Ltd, The Colour Laboratory, St Ives, TR26 3HU or (if they are not suitable for delivery) allow us to collect them from you. Please email us at email@example.com for a return label or to arrange collection. You must send off the goods within 14 days of telling us about the problem.
14. LIMITATION OF LIABILITY
14.1 Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors or fraud or fraudulent misrepresentation.
14.2 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.
14.3 We only supply the Product for private use. If you use the Site or the Products for any commercial, business purpose or other such purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity and we retain the right to cancel any order from you.
14.4 Provided that you enter a contract with us as a consumer, nothing in these terms restrict your rights as a consumer.
15. PRIVACY AND DATA PROTECTION
16.1 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 contract.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in advance.
17. THIRD PARTY RIGHTS
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the clauses of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
19. ENTIRE AGREEMENT
19.1 These terms constitute the entire agreement between you and Rebel Moments Limited and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to its subject matter.
19.2 You and we both agree that neither party shall have remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
20. GOVERNING LAW AND JURISDICTION
These terms are governed by English and Welsh law and you can bring legal proceedings in respect of this contract or the Products in the English and Welsh courts. If you live in Scotland, you can bring legal proceedings in respect of this contract or the Products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of this contract or the Products in either Northern Irish or the English and Welsh courts.