This website is operated by Mole Sounds. Throughout the site, the terms “we”, “us” and “our” refer to Mole Sounds. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on a Prestahop platform and hosted by Rochen Limited. They provide us with the online e-commerce platform that allows us to sell our products and services to you. ONLINE STORE TERMSThis page explains the terms and conditions on which we supply any of the goods or products (Products) and services (Services) listed on our online store to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products or Services. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions. You may not use any products purchased from us for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWherever possible we provide accurate and current information regarding products, generally sourced direct from the manufacturers. The material on this site is provided for general information only and should not form the sole basis of your decision making. Any exclusive reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. MODIFICATIONS TO THE SERVICE AND PRICESPrices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. DESCRIPTION OF GOODS AND PRICINGAll our prices are shown in Pounds Sterling (GBP). Prices, descriptions and shipping charges are regularly reviewed and we endeavour to ensure all information provided on our website is consistently correct. Should an error, or omission, be noted on our website, Mole Sounds will notify you of this immediately. In the event that a value is incorrectly displayed, Mole Sounds will offer either the product/service at the correct price, or a full refund. We are under no obligation to honour an incorrect price. With changes implemented following Brexit, any orders from EU countries can be subject to local VAT (tax) and import taxes, customs charges or administration fees. It is strongly advised that should you not wish to assume responsibility for this that you do not order anything from the web store. Please check the requirements of your country prior to making a purchase. Whilst we endeavour to always show accurate stock information, sometimes this may not be accurately refelected. In this instance you will be notifified and offered and alternative or full refund. PURCHASE OF GOODSAll orders submitted are subject to the acceptance by Mole Sounds. In the unlikely event your order will take longer than stated to complete you will be informed as soon as the delay is noted and offered a full refund if you are not happy to wait for a longer period than otherwise stated for your order. PAYMENTPayment of all purchases are currently made through the Stripe Payment Gateway or PayPal. All payments are securely handled and your card details are not visible to us at any time. DELIVERY OF GOODSWe endeavour to ship all ordered items in stock within the timeframe of the chosen shipping method, but this excludes weekends and Public Holidays. Please note where items have a 'Lead Time,' and we will confirm this before the order is fully processed enabling you to make a decision as to continue with the purchase or not. We cannot be responsible for delays added to lead times, for such things as Customs clearance and 'force majeure'. The correct shipping charges will be automatically calculated on your shopping basket. Mole Sounds reserve the right to adjust delivery estimates at any point in the order process: customers will be notified of any such changes. Where delivery takes longer than the estimated time, we cannot be held responsible for delays. Mole Sounds will notify you of any such delays where reasonably possible. Tracking numbers for shipping will be provided where applicable. Please use the links provided via your Account to track your order online. RETURNS AND CANCELLATIONSOrders/purchases can be cancelled in line with statutory Consumer Rights. In the case of faulty goods, you can return your purchase in its original condition and packaging (provided this is not damaged), within 30 days to us for a full refund (minus any costs incurred for the initial dispatching and, where appropriate, any costs incurred by Mole Sounds. Cancellations, incorrect purchases, and simple change of mind, are subject to our normal 14 day returns policy. Please see the section on Delivery/Returns for a full explanation. Before returning, please contact us for guidance, on 07933 554985 (or via paul@molesounds.co.uk), and the appropriate action to initiate a return. Please read our full returns policy Custom Orders – The right to return goods does not apply to any order which has been specified or commissioned to the customer’s specifications. This is inclusive of any item which is not typically stocked by Mole Sounds and has been ordered/custom made at the request of the customer. Return in these instances will be subject to the discretion of Mole Sounds(with any costs incurred, including administrative costs, to be deducted from any refund made available). Cancellation of contract, and subsequent return of goods where applicable, will ensure the account (from which payment was received) is credited with a full refund for the goods. Refunds are typically processed the same day, prior to the dispatch of goods, or on the day of receipt of returned goods. If the goods are not provided, or return delivery costs not covered, this will be deducted from the direct cost of recovering the goods from the amount to be refunded. DAMAGED ITEMSAll orders are pre-checked and well packaged prior to dispatch. In the event of any shipping damage, this must be reported within 48 hours of receipt. If a claim is found valid, collection of the goods will be arranged at no additional charge. A full replacement/refund will be offered for damaged goods. We reserve the right to request photographic evidence in order to verify any claims made. All goods are the responsibility of the customer at the point of delivery. Mole Sounds cannot be held responsible for damage caused by shipping or negligence if reported after 48 hours of the goods being delivered. Mole Sounds will not be responsible for any damage or fault arising from incorrect storage or use. PRODUCTS OR SERVICES (IF APPLICABLE)Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. ACCURACY OF INVOICING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. THIRD PARTY LINKSCertain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONSIf, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. PERSONAL INFORMATIONYour submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. PROHIBITED USESIn addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any UK or international laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Mole Sounds or any of its officers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless Mole Sounds and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). ENTIRE AGREEMENTThe failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. GOVERNING LAWThese Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable to Mole Sounds, Stable Cottage, Badgers Brook, Kirtons Road, Stokeinteignhead, TQ12 4QW. CHANGES TO TERMS OF SERVICEYou can review the most current version of the Terms of Service at any time at this page. |
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