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This website is operated by Makoosh / Oxygen Online Marketing Ltd (referred to as Makoosh/we/our/us").
As a user of this website (referred to as "you/your") you acknowledge that any use of this website by you including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. Makoosh Returns and Refunds Policy, and Makoosh Privacy Policy.
Please make sure you:
* Read through these terms and conditions carefully before using this website as your use of the website will signify your agreement to be bound by them
* Read our Privacy Policy regarding your personal information.
You warrant that:
* The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
* You will notify us immediately of any changes to the personal information by contacting our Makoosh Customer Service Representatives by e-mail at help@makoosh.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Placing and Order at Makoosh.com
You place the order for your products on the Website by pressing the ‘Confirm Payment’ button at the ‘Payment Details’ section of the order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Makoosh.
As your product is shipped from our warehouse we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in the Cancellations section of the Makoosh Returns and Refunds Policy.
Non-acceptance of an order may be a result of one of the following:
* The product you ordered being unavailable from stock.
* Our inability to obtain authorisation for your payment.
* The identification of a pricing or product description error.
* You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The details of your specific contract will not be filed by Makoosh.
Price
The price for each Product is shown on Makoosh.com and includes V.A.T at 17.5%. We always try to make sure that the prices on Makoosh.com are accurate but errors may occur. If we discover an error in pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with.
We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made for the Products will be refunded in full.
You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify.
Payment
You must pay for your Order before it is delivered and you can do so by credit card or debit card.
Credit Card & Debit Card
a. Orders may be processed online, or by telephone, using a credit or debit card (currently VISA, MasterCard, American Express, Delta and Switch/Solo). We aim to debit money from your account within one working day after receiving your Order.
b. To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
c. Your credit card company may also do security checks to confirm it is you making the Order.
d. All Order details and invoices will be sent to the credit card billing address and not the
delivery address where the named recipient of the Order differs.
Voucher Promotions
Promotional vouchers are limited to one voucher per person, per order and cannot be used in conjunction with any other offer. Promotional vouchers may be redeemed at www.makoosh.com toward the purchase of products listed on the Makoosh website. Promotional vouchers cannot be used to receive discount against Makoosh Gift Vouchers or Makoosh Gift Wrapping. Promotional vouchers cannot be used retrospectively, ie applied to order already placed with Makoosh. Promotional vouchers have a cash value of GBP 0.001. Promotional vouchers are non transferable and not assignable. Makoosh reserves the right to refuse promotional vouchers at any time. Makoosh reserves the right to end this promotion at any time.
Availability
We try to keep Makoosh.com as up to date as possible but cannot guarantee that a particular Product will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.
Delivery
This website is only for delivery of products to customers in the United Kingdom (including the outer British Isles) and Northern Ireland addresses. We cannot deliver to BFPO addresses or the Republic of Ireland.
You will be notified of the delivery costs automatically before you submit your credit card details.
Estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors.
Makoosh shall be under no liability for any delay or failure to deliver the products within estimated timescales.
Orders are despatched either by Royal Mail (1st Class) or by 24 Hour Courier. A signature may be required and operate between 9am and 5pm on weekdays only, so please specify an address where someone will be able to sign for your Products between these hours.
If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your Order, as quickly as possible, or if you wish you may cancel your Order and we will refund the money you have paid. Please note that while items sent by Royal Mail usually arrive within 1-3 days, Royal Mail stipulate that only items still not delivered after 15 working days can be officially classified as lost.
Please Order from Makoosh with enough lead-time to prevent any loss or disappointment resulting from the delivery time as Makoosh cannot be responsible for this.
This does not affect your statutory rights as a consumer.
Returns
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. Please refer to the Makoosh Returns and Refunds Policy for our returns policy information.
Makoosh Responsibilities
Makoosh has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on Makoosh.com or contact us for exact sizes.
Makoosh shall insure Ordered Products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
Makoosh will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet, Makoosh provides and maintains Makoosh.com on an "as is", "as available" basis and makes no promise that use of Makoosh.com will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use Makoosh.com in breach of these terms you will be liable to and will reimburse Makoosh for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Makoosh's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Makoosh will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer.
Subject as aforesaid, to the maximum extent permitted by law, Makoosh excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Makoosh and Makoosh shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
a. any incorrect or inaccurate information on Makoosh.com;
b. any interruptions to or delays in updating Makoosh.com;
c. the infringement by any person of any Intellectual Property Rights of any third party caused
by their use of Makoosh.com or any Product purchased through Makoosh.com;
d. any loss or damage resulting from your use or the inability to use the Makoosh.com web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
e. any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
f. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Makoosh.com, or from transmissions via emails or attachments received from Makoosh or its licensees and affiliates;
g. the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which Makoosh.com link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
h. all representations, warranties, conditions and other terms which but for this notice would have effect.
Copyright and Trade Marks
Makoosh does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
The copyright in Makoosh.com and the content of all the software, web site and pages relating to the Makoosh.com web site is owned by, or licensed to Makoosh, unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of Makoosh.com, all photographs on it and its marketing materials.
You may use Makoosh.com for private and personal non-commercial use only - i.e. to view, copy and print portions of Makoosh.com for the sole purpose of placing Orders. The materials on Makoosh.com may not be used for any other purpose.
Makoosh, Makoosh.com and our logos are trade names or trade marks of Makoosh and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name "Makoosh" and we are also the owners of unregistered trade mark rights in them.
However, Makoosh does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on Makoosh.com belong to their respective owners.
General
Makoosh may change or withdraw any part of Makoosh.com, or may refuse you access to the web site at any time if we consider it necessary.
Makoosh may also terminate this Agreement and immediately remove, cancel or suspend access to and use of Makoosh.com upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Makoosh's other rights.
Makoosh acts as principal on its own account and not as agent for you or any other person.
If Makoosh does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Makoosh's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Makoosh and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming Makoosh.com at the UK and EU market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
Under the UK Criminal Justice Act 1988 it is an offence to sell knives and certain bladed or pointed articles to persons under 16 years of age.
Use of Makoosh and these terms are subject to the laws of England and the jurisdiction of the English Courts.
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