Conditions of Use and Sale
Last updated on 21 August 2021.
Welcome to OnMood.com.
OnMood provides website features and other products and services to you when you visit or shop at OnMood.com (the "website”) or use OnMood applications for mobile. Please see our Privacy Notice, our Cookies Notice how we collect and process your personal information through OnMood Services. OnMood Services and sells our products to you subject to the conditions set out on this page. OnMood.com is the trading name for Shopifie Limited.
Before using OnMood Services, please read these conditions carefully. By using OnMood Services, you signify your agreement to be restrained by these conditions. We offer a wide range of OnMood Services and sometimes additional terms may apply. When using an OnMood Service (for example Your Profile, Gift Cards or OnMood applications for mobile), you will also be subjected to the terms, guidelines and conditions suited for that OnMood Service ("Service Terms"). If these Conditions of Use are conflicting with the Service Terms, those Service Terms will control.
When using any OnMood Service or sending e-mails to us, you will be communicating with us electronically. We will communicate with you electronically in diverse ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other OnMood Services, such as our Message Centre. For constitutional purposes, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically appeases any legal requirement that such communications be in writing unless compulsory applicable laws clearly require a distinctive form of communication.
As part of the OnMood Services, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your choices and personalize your experience.
All content included in or made accessible through any OnMood Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of OnMood or its content suppliers and is protected by UK and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any OnMood Service is the exclusive property of OnMood and is protected by UK and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any OnMood Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any OnMood Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any OnMood Service (e.g. our prices and product listings) without our express written consent.
Furthermore, graphics, logos, page headers, button icons, scripts, and service names included in or made accessible through any OnMood Service are trademarks or trade dress of OnMood. OnMood's trademarks and trade dress may not be used in connection with any product or service that is not OnMood's, in any manner that is presumably to cause confusion among customers or in any manner that degrades or disproves OnMood. All other trademarks not owned by OnMood that show in any OnMood Service are the property of their various owners, who may or may not be affiliated with, connected to, or sponsored by OnMood.
Subject to your consent with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, OnMood or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the OnMood Services. This licence does not include any resale or commercial use of any OnMood Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any OnMood Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by OnMood or its licensors, suppliers, publishers, rights holders, or other content providers. No OnMood Service, nor any part of any OnMood Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of OnMood without our express written consent. You may not use any meta tags or any other "hidden text" utilising OnMood's names or trademarks without our express written consent.
You may not misuse the OnMood Services. You may use the OnMood Services only as permitted by law. The licences granted by OnMood terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own OnMood account to use certain OnMood Services and you may be required to be logged into the account and have an accurate payment method linked with it.
If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click Your Payments and then Manage payment options to manage options.
When using any OnMood Service, you are responsible for maintaining the confidentiality of your account, password and for restricting access to your computer and to the quantity permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all mandatory steps to ensure that the password is kept classified and protected. If you have any reason to believe that your password has become known to anyone else, or if the password is being or is likely to be used in an unauthorised manner, you should inform us immediately. You are responsible for ensuring that the details you provide us with are correct complete and for updating us of any adjustments to the information you have provided. You can access your information in the Your Account section of the website. Please see our Protecting Your Privacy Help Page to access your personal information.
You must not use any OnMood Service:
We reserve the right to refuse any OnMood Services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable legitimate provisions, our guidelines or our policies, which are all reachable on the website. Nevertheless, any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.
Guests may post reviews, comments, other content such as send e-cards and other communications for example, submit suggestions, ideas, comments, questions or other information, as long as the content is not irregular, profane, abusive, threatening, insulting, invasive of privacy, infringing of rational property rights or otherwise injurious to third parties or objectionable and does not consist or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings or any form of "spam" . You may not impersonate any person or entity, use a deceitful e-mail address. Do not mislead as to the origin of a card or other content. We reserve the right (but not in the absence of a valid notice form and the obligation) to erase or edit such content. If you suppose that any content on or advertised for sale on any OnMood Service contains a defamatory statement, or that your intellectual property rights are being contravened by an item or information on any OnMood Service, please notify us by completing and submitting the appropriate notice form and we will respond.
If you post customer’s reviews, comments, questions, answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant OnMood (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.
You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted:
OnMood respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of violation, please follow our Notice and Procedure for Making Claims of Right Infringements.
Other than OnMood, various parties, provide services, operate stores or sell product lines on this website. We also provide links to the sites of affiliated companies and certain other businesses. We are not responsible for inspecting or evaluating and we do not warrant the offerings of any of these businesses, individuals or the content of their websites. OnMood does not assume any responsibility or liability for the actions, product and content of all of these or any other third parties. You can tell when a third party is involved in your transactions and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
Third-party sellers are allowed by OnMood to list and market their commodity at OnMood.com. In each such case this is indicated on the respective product detail page. While OnMood as a service provider helps facilitate transactions that are carried out on the OnMood website, OnMood is neither the purchaser nor the seller of the seller's items. It provides a service for sellers and buyers to negotiate and complete transactions. Subsequently, the contract formed at the completion of a sale for the third party products is solely between buyer and seller. OnMood is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because OnMood wants the buyer to have a safer buying experience, OnMood provides the OnMood A-to-z guarantee in addition to any contractual or other rights. For conditions relating to the sale by third parties to you on OnMood.com see the Participation Agreement.
13. OUR LIABILITY
OnMood will ensure that availability of their Services will be undisturbed and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to OnMood Services may also be periodically suspended or restrained to allow for repairs, maintenance or the introduction of new facilities and services. We will attempt to limit the frequency and period of any such suspension or restriction.
OnMood will not be responsible for:
OnMood will not be held responsible for any setback or failure to acquiesce with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
14. EXPORT CONTROLS
You agree that you will not export, re-export, transfer any products (including software or other digital products) that you have purchased on the website to any country, individual, corporation, organisation or entity to which such export is restrained or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce and other government authorities (such as embargoes imposed on specific countries or economic sanctions imposed on individuals and companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your own personal use, and/or sending products (whether physically by mail, digitally via email or file-sharing) to particular individuals, corporations, organisations or entities. In addition, you agree that you will not purchase any product or service from the website if you are subject to restrictive measures (sanctions)."
15. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
OnMood reserves the right to make changes to any of their services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the OnMood Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. WAIVER
If these Conditions of Use are breached and OnMood takes no action, we will still be designated to use our rights and remedies in any other situation where you breach these Conditions of Use.
17. CHILDREN
We sell children's products for purchase by adults. We do not sell products for purchase by children. If you are under 18 you may use the OnMood Services only with the involvement of a parent or guardian.
18. OUR CONTACT DETAILS
This website is owned and maintained by Shopifie ltd Specific terms of use and sale for other Shopifie Services.
71 Shelton Street Covent Garden, London WC2H 9JQ
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
If you believe that your intellectual property rights have been breached and you are eligible for Brand Registry, please sign up to that service and submit your complaint via Brand Registry. Otherwise, please submit your complaint using our online Report Infringement form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, design and patent claims
Upon receipt of a complaint we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify OnMood for all claims brought by a third party against OnMood arising out of or in connection with the submission of a complaint.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on OnMood.com and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
Important Warning: giving deceitful, misleading or inaccurate information in the Notice Form to OnMood may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
20. NOTICE AND PROCEDURE FOR NOTIFYING ONMOOD OF DEFAMATORY CONTENT
Because millions of products are listed and many thousands of customer reviews and comments are hosted on OnMood.co.uk, it is not possible for us to be informed of the contents of each merchandise listed for sale, each customer review or comment that is displayed. Appropriately, we engage on a "notice and action" basis. If you believe that any content on or within a commodity displayed for sale on, the OnMood.co.uk website contains an insulting statement, please notify OnMood urgently by completing and submitting a Notice to OnMood.co.uk of Defamatory Content. Follow the instructions in the notice and send it to defamation-notice@onmood.co.uk with the subject line "UK Defamation Notice [insert your name]" or, alternatively, send it by post to:
Important Warning: giving false, misleading or inaccurate information in the Notice to OnMood .co.uk of Defamatory Content on. OnMood.co.uk may result in civil and criminal accountability.
ADDITIONAL ONMOOD SOFTWARE TERMS
Conditions of Sale
These Conditions of Sale govern the sale of products by OnMood to you. For conditions relating to the sale by third parties to you on OnMood.co.uk see the Participation Agreement . We offer a wide range of OnMood Services, and sometimes additional terms may apply. When you use an OnMood Service (for example Your Profile, Gift Cards or OnMood applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that OnMood Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
Please read these conditions carefully before placing an order with OnMood . By placing an order with OnMood , you signify your agreement to be bound by these conditions.
Your order is an offer to OnMood to buy the product(s) in your order. When you place an order to purchase a product from OnMood, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with OnMood. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
STATUTORY RIGHT
Unless one of the omissions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) secures the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).
You must inform us (OnMood) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our Returns Support Centre, by contacting us, or using this Cancellation Form . In case you use the return centre, we will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item via our return centre.
For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.
EFFECTS OF CANCELLATION
We will compensate all payments received from you for the goods purchased and will also compensate delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
OUR VOLUNTARY RETURNS GUARANTEE
Without distort to your statutory rights, OnMood provides you with the following voluntary returns guarantee:
All products from the OnMood sites can be returned within 30 days of receipt of the products to OnMood if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed data media (for example CDs, audio cassettes, VHS videos, DVDs, PC and video games and software) this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal. The products are to be returned via our Returns Support Centre. This voluntary returns guarantee does not apply to digital products or software which are not supplied on a tangible medium (e.g. on a CD or DVD).
If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise, the transport risk and return costs might be borne by you. If you return Fashion items specific policies apply, for more details see Free Returns on Fashion Items. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
Details on returning and examples can be found at Returns and Refunds.
Legally applicable VAT are inclusive to All prices.
Availability information for products sold by us on the website including on each product information page are listed. Above what is said on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will reach to you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
OnMood is not the manufacturer of the products sold on this website unless expressly indicated otherwise. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. OnMood accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
When ordering products from OnMood for delivery outside of mainland UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from OnMood, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see About Customs.
1-Click ordering is the fastest and easiest way to order products safely and securely from OnMood. If you are using a public or shared computer terminal, we strongly recommend that you deactivate 1-Click ordering when you are not at the computer.
OnMood and its associates will not be responsible for
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our equitable control. This condition does not affect your right to have the commodities sent to you within an equitable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
8.MODIFICATIONS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. Unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you, you will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us,). If any of these Conditions of Sale is assumed to be invalid, void, or for any reason unenforceable, that condition will be believed to be severable and will not affect the validity and enforceability of any remaining condition.
9. WAIVER
If you rift these Conditions of Sale and we take no action, we will still be designated to use our rights and remedies in any other situation where you rift these Conditions of Sale.
10. CHILDREN
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use OnMood.co.uk with the involvement of a parent or guardian.