Terms and conditions
This website, found under the www.mokacreative .com URL and references to ‘you’ and ‘your’ shall be deemed to be references to persons placing an order via the www.mokaCreative .com website. This ‘Terms and Conditions’ Document also covers emails, newsletters, Twitter, Facebook, Instagram, Pinterest and any other associated promotional activity.
When you place an order with us, it will be deemed that you have read, understood and agreed to these Terms and Conditions. If you are unhappy with any part of these terms and conditions, you should contact us before placing an order.
By placing an order through our website, you are making an offer to MoKa Creative to purchase the goods outlined in your order upon the terms described in your order.
MoKa Creative reserves the right to reject any offer of purchase by you at any point. Please note that whilst we will make every effort and take reasonable care to keep your order details secure, we cannot be responsible for any loss you may suffer if a third party procures unauthorised access to any information that you supply when accessing or ordering from the MoKa Creative website.
When placing an order, you can opt in to be added to MoKa Creative ’s mailing and email list. However, should you not wish to receive mailings, just leave the box unticked. You can also remove yourself from the email list by clicking the ‘unsubscribe’ link at the foot of any mailing received from us. This does not apply to emails received in relation to your order, as these are necessary to allow us to provide a service to you and fulfil our obligations under this contract.
Website Product Pricing and Descriptions:
Every product bought by you is sold subject to its product description which outlines any further specific conditions that relate to that product including, without restriction, terms and conditions regarding approximate delivery dates/times, warranties, after-sales support and guarantees.
We undertake to ensure that all reasonable care is taken with any details, prices and descriptions of products on our website to ensure accuracy at the time when they are entered on to our system. Whilst we endeavour to keep our website as up-to-date and accurate as possible, there may be very rare occasions when the information on the website, including product descriptions, at a certain time may not reflect the position exactly at the point an order is placed. We do not give any warranty as to the accuracy or completeness of the information and cannot be responsible for any errors or omissions or for the results arising from the use of such information. Please note that we are unable to confirm the price of a product until your order is accepted in line with our order acceptance conditions.
Please also note that as computer monitors/screens vary in nature and resolution, we cannot guarantee that your monitor’s representation of any colour will be completely accurate.
Good are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. However, this does not include the results of normal wear and tear or damage resulting from the handling of an item by you once received. We endeavour to take great care in packaging, particularly with pottery or glass items, to ensure that items reach you undamaged by transit. We will never knowingly ship an item to you that is damaged or defective. This does not apply to items that are sold as ‘Seconds Quality’ as any defects or damage will be detailed on the product listing and are deemed to be accepted by you in making the offer to purchase.
If you are not happy with products you have chosen and received, you are entitled to cancel this contract if you so wish under the Distance Selling Regulations, provided you exercise your right no more than fourteen working days after the day on which you received the products (excluding digital products).
Returns Policy and Making Returns:
If you wish to cancel your contact as noted above, you should contact us as soon as possible to make arrangements for the return of your purchase. All returns postage is at your own expense although we will reimburse this if it transpires that the product is faulty, once we have received it back and can verify the issue. No refunds will be made until the product has been returned to us.
We will ask you to photograph and send images to us of damage or faults prior to packaging and returning to us. You must use the original packaging and wrap the product in the same way in which it was sent to you. We reserve the right to refuse a refund for return items that are not packaged appropriately and then sustain damage in transit back to us.
Please use a tracked service for returns. If we do not receive items you have returned, you will need to pursue the matter with the carrier and this is generally only possible with tracked services.
Please note that there are NO REFUNDS available for Digital Download purchases.
Promotions and Discounts:
Please note that only one promotional offer can be used at any one time and any promotion codes are not valid in Sale periods or on clearance items that have already been discounted.
Disclaimer and Limitations of Liability:
MoKa Creative does not look to exclude or limit liability for personal injury or death arising from its negligence or that of its employees, agents, members or directors or for any misrepresentation that is fraudulent.
To the utmost extent allowed by law and save as provided above, neither MoKa Creative nor any linked company shall be liable to you by reason of any representation, or any implied condition, guarantee or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of MoKa Creative or any of its employees, agents, members or directors or otherwise) for any indirect special or resultant loss or damage (including but not limited to loss of profit or loss of saving), expenses, costs or other claims for compensation whatsoever which arise out of or in connection with the use of the MoKa Creative website, the supply of the products or their use by you).
These limitations of liability, as outlined here, shall apply equally for the benefit of MoKa Creative and any other linked company as if references to MoKa Creative included references to each linked company. Whilst we try to do everything reasonable to keep the information on this website up-to-date and correct, MoKa Creative does not give any warranty to its completeness or correctness and MoKa Creative cannot be held responsible for any omissions, errors or for any resulting implications from the use of this information.
MoKa Creative makes all reasonable effort to ensure a reliable and fast service but we do not guarantee that your use of this website will be free from interruption or errors and cannot be held responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto computer systems.
In addition, MoKa Creative cannot be held responsible or liable for your use of any websites that are accessible from this website as we do not have any control or responsibility for these. Any such links should not be viewed as an endorsement or affiliation with MoKa Creative.
Copyright and Trademark:
All of the content on the pages of the website (including pictures, logos, photographs, copy and other materials) represent the copyright or trademark of MoKa Creative or its technology providers or their respective owners.
ALL RIGHTS RESERVED.
The modification, copying, circulation, reproduction, or incorporation into any other work, of part or all of the content available on the MoKa Creative site, is forbidden.
The complete liability of MoKa Creative under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
MoKa Creative will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
MoKa Creative may assign or transfer any of its rights or sub-contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these terms and conditions except with the specific written permission of MoKa Creative.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contract (Third Party Rights) (Scotland) Act 2017. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Territory and Law:
The use of this website and these Terms and Conditions are governed by Scottish Law and you agree to submit to the non-exclusive jurisdiction of the Scottish Courts. This does not affect your non-excludable statutory rights.
This website and our Terms and conditions have been designed for use within the United Kingdom of Great Britain and Northern Ireland (UK) and under Scottish Law. Whilst we are happy to consider requests for products and enquiries from outside the UK, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
MoKa Creative is operated by Kathleen and Maureen Kelson. Our shop address is 25 King Street, Crieff, PH7 3AX. Our telephone is 07935 460757
Please note that MoKa Creative is not VAT registered. EU Digital VAT, however, will be added as and when cross border EU sales numbers qualify on downloadable products.