1.1. Our website at [www.mamoq.com] (the “Website”) and the interactive features and services available through the Website (the “Service”) are owned and operated by The Conscious Consumer Ltd, a company incorporated in England with company number 10220336 and registered office Bush House, Entrepreneurship Institute, 30 Aldwych, WC2B 4BG, London, UK (“MAMOQ”, “we”, “us" or “our”). The Service is a technology platform which enables individuals to buy products from third party retailers.
1.2. You acknowledge that MAMOQ does not itself sell any products to you.
1.5. You must not use the Service if:
1.5.2. it is unlawful for you to do so; or
1.5.3. you are under the age of 18.
1.6.1. A reference to “you” or “your” is a reference to you, the person agreeing to these terms or using the Service.
1.6.2. The products which may be ordered via the Service are referred to as "Products".
1.6.3. The stores or other retail outlets from which Products may be bought are referred to as “Vendors”.
1.6.4. A reference to the Services may be a reference to any part of the Service.
2. Registration, Account & Password
2.1. In order to use and access parts of the Service you will need to register a user account on the Services (an "Account”). In order to register an Account, you must:
2.1.1. submit certain information, including your name, address, date of birth, phone number and email address; and
2.1.2. choose a password to your Account (“Password”).
2.2. The Password is personal to you and must not be disclosed to any person without MAMOQ’s prior written consent.
2.3. You agree, accept and understand that:
2.3.1. you must ensure that all information held about you by MAMOQ is true accurate and kept up to date. You can amend your registration details at any time through the Service;
2.3.2. you are and shall remain responsible for maintaining the confidentiality of your Password; and
2.3.3. you are solely liable for any use of the Service through your Account.
2.4. DO NOT SHARE YOUR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. MAMOQ IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR PASSWORD OR ACCOUNT. MAMOQ IS ENTITLED TO ASSUME THAT ANY USE OF YOUR ACCOUNT IS MADE BY YOU. IF YOU THINK YOUR PASSWORD, OR ACCOUNT HAS BEEN COMPROMISED YOU MUST INFORM MAMOQ IMMEDIATELY.
3. Orders & your relationship to MAMOQ vendors
3.1. Each order you place through the Service is an offer to purchase Products from a Vendor. Orders are subject to the standard terms of business of the relevant Vendor. If a Vendor accepts your order, a contract will be formed between you and that Vendor. We will send you an email acknowledgement when we receive your order, but please note that does not mean your order has been accepted. The Vendor will confirm acceptance of your order by letting you know, through the Service or by email, that the Products have been dispatched, and a contract between you and the Vendor will only be formed when you are sent that dispatch confirmation. Either we or the Vendor may decline to accept your order at our discretion.
3.2. The Service enables you to browse and purchase Products from Vendors. This means
3.2.1. You are not engaging MAMOQ to sell or deliver a Product.
3.2.2. You and the Vendor are using the Service to enter an agreement with each other for you to buy the Product in your own name and on the terms of business of the Vendor.
3.2.4. You will receive the benefit of any rights of refund, after sales service, warranties or guarantees offered by the Vendor or Product manufacturer, as well as any statutory protections offered to purchasers of Products of that type (as applicable).
3.2.5. If you have questions about the Products or the Service, please get in touch. If necessary, we can help work with the relevant Vendor to try and address any concerns you might have.
3.3. If we or the Vendor decline your order we will let you know and you will not be charged for the Product. We or the Vendor may decline an order for any reason without liability.
3.4. We can accept orders and deliver items worldwide, subject to the Vendor’s terms and conditions and delivery and returns policy. Delivery costs and currency exchange rates may vary according to the country.
3.5. Products and Vendors may become unavailable at short notice. We offer no guarantee that Vendors or Products will always be available through the Service. We are not responsible for the listings on the Website. We do not review or control, and are not responsible in any way for, listings provided by Vendors and at no time do we possess any items offered for sale by Vendors through the Website.
3.6. We are not responsible for the items offered for sale on the Website. We cannot give any undertaking that the items you purchase from the Vendors on the Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Vendor.
3.7. Where you order items through the Website we may disclose your customer information related to that transaction to the relevant Vendor.
4.1. We are not responsible for delivery of the items. Items will be sent to you directly by the Vendor once they have accepted your order. The Vendor will use their reasonable endeavours to deliver Product(s) to you as soon as possible and in any event within 30 days of the receipt of your order or at approximately the time specified at the time of your purchase through the Service. The Vendor will include details of estimated delivery times on the relevant product page. By purchasing the product you agree to the stated delivery date.
4.2. Delivery costs may vary between Vendors and will be notified to you before you place your order.
5. Rights of use & intellectual property rights
5.1. Subject to clause 14.2, the Service is made available to you under a licence, for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Service.
5.2. You may not transfer, sub license or deal in this right without MAMOQ's prior written permission.
5.3. You may only use the Service under your own Account.
5.4. We may charge for you to access some parts of the Service at our own discretion.
5.5. Unless otherwise specified, all other copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Service are reserved and belong to and vest in MAMOQ, or are licensed to MAMOQ.
5.6. All third party trade names and trademarks are the property of their respective owners and MAMOQ makes no warranty or representation in relation to them. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
5.7. The “MAMOQ” brand name and our logos are trademarks belonging to us. We give no permission for the use of these trademarks and such use may constitute an infringement of our rights.
5.8. We respect the intellectual property rights of other parties and we ask the same of our Vendors. If you believe that any of your intellectual property rights have been infringed on the Website, please contact us to report the concern.
6. Restrictions & obligations
6.2. You will not:
6.2.1. hack, modify, reverse engineer or create derivative works of the Service or any part of it
6.2.2. incorporate any part of the Service into another product or service
6.2.3. gain unauthorised access to any restricted part of the Service
6.2.4. remove, modify or obscure any copyright, trademark or other proprietary notices on the Service
6.2.5. create software which replicates or mimics the data or functionality in the Service
6.2.6. collect data from the Service by systematic or automated means
6.2.7. use your access to the Website for the sending of marketing communications
6.2.8. extract or otherwise use any of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors
6.2.9. use any computer virus or malicious code of any nature in connection with the Service
6.2.10. make any part of the Service available to a third party
6.2.11. copy or exploit any part of the Service or the content it contains
6.2.12. use the Service or any part of it unfairly or for any illegal or immoral purpose or
6.2.13. attempt to do any of the acts listed above.
7.1. In providing the Service, MAMOQ is involved in the transmission, storage, retrieval and other dealings in third party content and communications (“User Communications”). MAMOQ has no involvement in the review, selection or alteration of User Communications. MAMOQ is a mere conduit for User Communications.
7.2. The views expressed in any User Communications are the views of the individual authors or originators and not those of MAMOQ unless specified otherwise by MAMOQ.
7.3. By using the Service you acknowledge that MAMOQ has no responsibility to review the content of any User Communications.
7.4. You grant to MAMOQ a sub-licensable, non-exclusive, transferrable, irrevocable, worldwide, royalty free licence to use, copy, modify, exploit, distribute, publicly perform, and store the User Communications you make available to the Service, including any trade marks and your image (“Your User Communications"), to whatever extent MAMOQ considers necessary to operate or promote the Service. This includes the right of MAMOQ to grant sub-licences of Your User Communications to other users of the Service. You waive any moral rights in Your User Communications to the extent permitted by law.
7.5. You agree and undertake that you are entitled to make available, or post to or transmit Your User Communications to the Service and will not make available, or post to or transmit to the Service any content, that:
7.5.1. is unlawful or which gives rise to civil or criminal liability;
7.5.2. is misleading or false;
7.5.3. promotes any illegal or unlawful activity;
7.5.4. constitutes bulk electronic marketing or spam, whether by telephone, message, email or other means;
7.5.5. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy, including the image or likeness of any third party;
7.5.6. includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
7.5.7. is abusive, pornographic, defamatory, discriminatory or obscene;
7.5.8. harasses any person
7.5.9. interferes with another user's use and enjoyment of the Service;
7.5.10. impersonates any moderator, administrator or any staff or other persons connected with MAMOQ;
7.5.12. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
7.5.13. solicits passwords or personal information;
7.5.14. provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
7.5.15. contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
7.5.16. exploits any person;
7.5.17. tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users;
7.5.18. tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Service;
7.5.19. refers to any material that is inappropriate;
7.5.20. seeks or attempts to make any arrangement to meet a minor or which may have such a meeting as its object or effect; or
7.5.21. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
8. Use of the service
8.1. Use of the Service requires a suitable Internet connection and device that you own or are permitted to use. The performance of the Service depends on the suitability of the Internet connection and device. You may need to pay a fee to Internet providers for your internet connection.
8.2. We may, but are not obliged, to provide updates to the software required to provide the Service. Continued use of the Service, or the proper performance of the Service, may depend on your agreement to update any software required to provide the Service.
8.3. We may suspend the Services in order to maintain or upgrade our systems or software. We will try to notify you of these suspensions in advance, but we cannot guarantee to provide advance notice. We will also try to keep these suspensions to a minimum and in place for a short period of time, but we cannot state definitely how many suspensions may be necessary or how long any suspension will remain in place.
8.4. You may link your own apps, websites or online service to the Website, provided that such link does not bring MAMOQ into disrepute or damage any of our goodwill. Any links from your own website to the Website must be fair, legal and made in good faith. Links must not suggest or imply any association or endorsement by us, unless this has been agreed by us previously in writing. Links must be removed at our request for any reason.
8.5. You agree not to use the Service in any way which is:
8.5.2. may give rise to civil or criminal liability for MAMOQ; or
8.5.3. which might call MAMOQ into disrepute.
9. Charges & compensation
9.1. The "Purchase Price" is the price charged by the Vendor for the sale of the Product, and will be indicated (inclusive of VAT) when you place your order. We take all reasonable care to ensure that the price advised to you is correct. However it is always possible that some Products may be incorrectly priced. We will normally check prices before your order is accepted so that, where the Product's correct price when you place your order is less than the stated price, you will be charged the lower amount. If it is higher we will contact you for your instructions before your order is accepted. If your order is accepted and processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we or the relevant Vendor may end the contract, and arrange for a refund of any sums you have paid.
9.2. When placing your order you must pay the Purchase Price by one of the payment methods made available to you during the order process. Payment is subject to the terms and conditions of the payment processor you use to make your payment.
9.3. You will be responsible for payment of any additional transaction fees which apply to the payment method you choose (such as in respect of currency conversion or bank charges).
9.4. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
9.5. If you order goods from the Website for delivery originating from a country other than the specified destination, they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.6. You must comply with all applicable laws and regulations of the country for which the goods or services are destined. Please note that neither MAMOQ nor Vendors shall be liable for any delay or failure in delivery which arises due to your breach of applicable law or regulation.
10.1. MAMOQ provides and maintains the Service on an “as is” basis and is liable only to provide its services with reasonable skill and care.
10.3. External Sites have not been verified or reviewed by MAMOQ and all use and access of External Sites is made at your own risk. “External Sites” means third party apps, websites and online services which are linked to the Service or User Communications.
10.4. MAMOQ gives no other warranty in connection with the Service and to the maximum extent permitted by law, MAMOQ excludes liability for the following losses, whether arising in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the Service:
10.4.1. any indirect, special, punitive or consequential loss, including losses of which MAMOQ has been made aware,
10.4.2. any loss of profits, business, goodwill, anticipated savings, goods, contract, use or data
10.4.3. any losses arising out of or in connection with any Products or the use or consumption any Products, or the delayed delivery of any Products;
10.4.4. any lack of availability of the Service or any Product or Vendor, any interruptions to or delays in updating the Service, or any lack of confidentiality of any User Communications;
10.4.5. any loss or damage of any kind arising as a result of User Communications;
10.4.6. the availability, quality, content or nature of External Sites, or any transaction taking place on External Sites (including the products or services subject of that transaction);
10.4.7. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect;
10.4.8. subject to clause 10.5 any losses due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Service;
10.5. If damage to your device or digital content arises from our supply of defective digital content caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
10.8. Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are excluded to the maximum extent permitted by law.
12.2. We can terminate our relationship with you without further recourse from you:
12.2.3. on 30 days' notice if we discontinue any part of the Services; or
12.2.4. if your Account is not active for a period of 1 year.
12.3 On termination all licences and permissions granted by MAMOQ to you will immediately end.
14. Returns & cancellations
14.1. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how Vendors are performing and when you decide to end the contract.
14.2. If you are ending a contract for any of the following reasons we will notify the Vendor that they are required to refund you in full for any Products which have not been provided and you may also be entitled to compensation if:
14.2.1. the Vendor has told you about an upcoming change to the Product or the terms of the contract which you do not agree to;
14.2.2. either we or the Vendor have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
14.2.3. there is a risk that supply of the Products may be significantly delayed because of events outside of the Vendor’s control;
14.2.4. supply of the Products has been suspended for technical reasons, or you have been notified that supply will be suspended, in each case for a period of more than 30 days; or
14.2.5. you have a legal right to end the contract because of something the Vendor has done wrong.
14.3. Excluding bespoke, personalised or perishable items (such as food or flowers), or personal items with a hygiene seal (like cosmetics or underwear) where the seal is broken, you can change your mind about most orders up to 14 days after the day you receive the Product. You can let the Vendor know you wish to end the contract by:
14.3.1. getting in touch with the Vendor by telephone or email;
14.3.2. writing to us at [Hello@mamoq.com], or calling us on [+44(0)2080641897];
14.3.3. by email using the form available here: [Contact us];
and providing details of what you bought, who from, when you ordered or received it, and your name and address, and the relevant order number, if available.
14.4. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to the Vendor directly. The Vendor will be responsible for paying the costs of return if the Products were faulty or misdescribed or if you have ended the contract because of something the Vendor did wrong. Otherwise you may be responsible for paying the costs of return, subject to the policies of the relevant Vendor.
14.5. Refunds of the price you paid for the Products excluding delivery costs, will be made by the method you used for payment. However, we may make deductions from the price, as described below.
14.6. Your refund of the price (excluding delivery costs) may be reduced 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 you are refunded before the goods are inspected, and it transpires you have handled them in an unacceptable way, you must pay the an appropriate amount.
14.7. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method.
14.8. Refunds due to you will be made as soon as possible. If you are exercising your right to change your mind then, your refund will be made within 14 days from the day on which the Product is received back from you or, if earlier, the day on which you provide us and the Vendor with evidence that you have sent the Product back.
14.9. Vendors are under a legal duty to supply Products that are in conformity with your contract with them. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms or your contract with Vendors will affect your legal rights.
|Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:up to 30 days: if your goods are faulty, then you can get an immediate refund. up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.|
14.10. If you wish to exercise your legal rights to reject products you must either post them back to the Vendor. The Vendor may pay the costs of postage or collection, please check the individual Vendor terms. Please use the return portal provided, call customer services on [+44(0)2080641897] or email us at [Hello@Mamoq.com] for a return label or to arrange collection.
14.11. If a Vendor does not accept a refund or exchange that you feel you are entitled to, let us know by writing to: [Hello@Mamoq.com].
14.12. Please note that ultimate responsibility for complying with your right to return Products, or to compensation or a refund in accordance with this clause 14 lies with our Vendors. While we cannot guarantee that our Vendor’s will comply, we will use all our commercially reasonable efforts to procure that they do so.
15.1. If you offer, without our solicitation, any new product or feature ideas, you accept that such offers are made without any obligation on MAMOQ to keep such offers confidential.
15.4. Failure to enforce any term does not constitute a waiver of that term.
15.7. No representation or warranty is made as to whether the Service complies with the laws of any other country other than the United Kingdom.
15.10. All questions, comments or enquiries should be directed to MAMOQ, and we will try to respond to within 48 hours.
15.11. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
The Conscious Consumer Ltd
Company number: 10220336
VAT: [267 1967 63]
Registered Office: Bush House, 30 Aldwych, WC2B 4BG, London, UK
Telephone: [+44 (0) 20 8064 1897]