Welcome to www.monkeymccoy.co.uk. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to Monkey McCoy. This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without MonkeyMccoy's prior written permission.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become MonkeyMccoys' property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then MonkeyMccoy shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
If, due to unforeseen circumstances it is necessary to substitute a Product it will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.
Product prices shown on the Website are in British Pounds and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Product prices shown on the Website may change from time to time, for example, if the applicable currency exchange rate changes before your Order is accepted or the Product you are ordering is subject to a promotional discount or offer which is either applied or withdrawn during the selling period.
Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered, we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
The technical steps to place your Order and create a contract of sale between you and Monkey McCoy are, as follows:
a) You place an Order on the Website by pressing the 'Buy Now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) As your Order is shipped by us we will send you a dispatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been dispatched. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.
The contract between you and MonkeyMcCoy will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the date on which we receive payment in full for the Product(s); or
We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.
Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) There is a system or procurement failure;
e) You fail our customer validation checks.
You can currently pay in British Pounds.
We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express, Solo, Electron, PayPal, gift cards and e-vouchers. Gift cards and e-vouchers can only be used for orders in British Pounds.
If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
All Product prices shown on the Website are inclusive of any applicable UK VAT.
Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.
Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT. However, it will include any taxes, duties, fees, levies or other charges levied by that non-EU country, which will be added to your Order at checkout and paid on your behalf by MonkeyMcCoy to the relevant local customs authorities.
You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.
You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
All parcels will be delivered by us and will require a signature on delivery.
Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case.
International Delivery Destinations
You may request international delivery of your Order. For the purposes of these Terms and Conditions, we consider "international delivery" to relate to the delivery of your Order to a country outside of the UK.
International Delivery Charges
We will notify you of the international delivery charge(s) applicable to your Order at checkout and the amount will be added to the total amount of your Order.
International Delivery Lead Times
Delivery lead times of your Order to an international address will vary according to its destination.
We will make every effort to deliver your Order within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. MonkeyMcCoy shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.
If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order.
Cancellation before dispatch or notification of collection
If, for any reason, you wish to cancel your contract before your Order has been dispatched then you need to let us know. In order to do so, you can let us know by contacting MonkeyMcCoy Customer Services team by e mailing firstname.lastname@example.org. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days.
Cancellation after dispatch or notification of collection
As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched. If you decide to cancel your contract and your Order has already been dispatched then you need to let us know within fourteen (14) days after the day on which you receive the order. Once we have received notification from you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us. Please refer to our Returns Policy below.
If you are a Non-EU customer, then clauses 12.1 to 12.3 (inclusive) do not apply to you. In the event that you do not wish to keep your Order, you need to send this back to us within fourteen (14) days after the day on which you receive your Order. For more information on how to do this, please see our Returns Policy.
Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.
If the incorrect Product has been sent then you must notify us by e mail of the error within 48 hours from the date of delivery otherwise you will have deemed to accept the item.
Refunds on UK and EU Orders
Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price, provided that you return the Product(s) to us in a saleable condition.
Refunds will be issued back to you as follows:
a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card. This will appear in your account within five (5) days depending on your card issuer.
b) If you originally paid for your Order using your PayPal account and returned it to us via post, then your refund will be made back to your PayPal account.
Refunds on a Non-EU Order
If you placed your Order online and paid for it to be delivered to a Non-EU country, then within fourteen (14) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.
Promotional discounts and refunds
If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within thirty (30) days of delivery; or
b) contact us for a repair or replacement.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if MonkeyMcCoy has been advised of the possibility of such damages.
We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Please contact us if you have any comments or complaints and we will always endeavour to resolve any dispute as swiftly as possible.
We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
We reserve the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and MonkeyMcCoy. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of MonkeyMcCoy. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
The following definitions shall apply to these Terms & Conditions:
"EU" means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d'Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but including the Isle of Man).
"Non EU" means any other country not listed in the definition of EU above.
"Order" means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
"Personal Information" means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
"MonkeyMcCoy Account" means your personal customer account set up by you on the Website.
"Terms and Conditions" means these terms and conditions.
"We", "us" or " MonkeyMcCoy" means MonkeyMcCoy Limited.
"Website" means the website located at www.monkeymccoy.co.uk or any subsequent URL which may replace it.
"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
"Users" means the users of the Website collectively.
"You" means a user of this Website.