TERMS & CONDITIONS

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"). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The product refers to any item for sale on www.mondayninefive.com.

 

TERMS OF SERVICE

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OVERVIEW

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 shall 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.

ONLINE STORE TERMS

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any British laws (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

The contract between you and us: After placing an order, you’ll receive an email confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the Product(s) has been dispatched (the "Dispatch Confirmation"). The contract between us will only be formed when we email you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

We 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 INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

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.

DATA PROTECTION

Mondayninefive treat all of your personal information in accordance with the applicable data protection laws in the UK and the updated GDPR. All information is kept secure and processed fairly and within the law. When placing an order you will be automatically added to our catalogue mailing list. You can opt out of receiving a catalogue at any time by emailing mondayninefive@gmail.com. It may take up to 7 days for the change to take effect. 

PROMOTIONAL DISCOUNTS

Only one discount code can be applied per transaction. Discount codes cannot be used in conjunction with any other discount or voucher codes. First order discount minimum spend is £100. Discounts and promotional discount codes offered by the Website are valid only for use as part of a purchase made via the Website or over the phone, unless otherwise stated. Money-off vouchers and voucher or discount codes are not exchangeable for cash and can only be used once per transaction. Money-off vouchers and voucher codes cannot be used in conjunction with any other voucher or voucher code. If you return to us for a refund a product which has been purchased with a discount applied or money-off voucher, we will refund to you only the price paid of that item, irrespective of discounts or money-off vouchers applied to the order. Money-off vouchers and promotional discount codes cannot be used towards delivery charges.

PRICING AND VAT OUTSIDE OF THE UK

If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which 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. VAT is not charged on orders shipped to geographical areas outside of the UK. 

DELIVERY

Deliveries are made in cooperation with Hermes, Royal Mail and OCS and their international partners. We reserve the right to deliver goods up to 28 days after date of order although we expect to process orders within 1-3 business days. For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.

RETURNS

As long as you have proof of purchase (receipt, confirmation email or order no. will all do), then we will replace the item or give you a full refund, the only exception to our generous returns period is when we are on sale. 

RETURNS RECEIVED OUTSIDE OF OUR POLICY

For items returned back to us outside of our policy (which itself is within both the sales of goods and distance selling acts) we reserve the right to refuse refunds or exchanges. None of these rules affect your statutory rights.

If you return an item requesting a refund within 28 days of the item being delivered to you, we'll give you a full refund by way of the original payment method.

If you request a refund for an item during the above time frames but you can't return it to us for some reason, please get in touch - but any refund will be at our discretion.

We don't accept returns for unwanted items after the relevant returns period above. If you try to make a return, we may have to ask you to collect it from our warehouse or donate it to charity on your behalf.

ORIGINAL CONDITION

Hygiene is super important, so certain items can’t be returned for refunds. 

Of course, it's fine to try an item on like you would in a shop, but please don't actually wear it. If an item is returned to us damaged, worn or in an unsuitable condition, we won't be able to give you a refund and we may have to ask you to collect it from our warehouse or donate it to charity on your behalf.

In order to receive a full refund, all items must be returned to us unworn/unused and in the same condition you received them with their original packaging and all tags and labels attached. None of this affects your statutory rights.

Complimentary products: Please note that if returns are received without complimentary products included with original purchases, a minimum charge of £10 will be deducted from the full refund. This amount is subject to change at any time at our discretion.

PROMOTIONAL EXCLUSIONS 

Any item which is purchased as part of a multi-buy promotion which is then later refunded will invalidate the offer. If you wish to return one or more items purchased in any multi-buy offer, all items must be returned for a full refund and then the desired item would then need to be purchased at full price.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices 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 including our prices) 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.

PRODUCTS OR SERVICES

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.

When you place an order for products on a 'pre-order' status, we will take payment for the goods at the time you place the order. If you buy other in-stock items at the same time and in the same order as pre-ordered items, you will only be charged once for delivery, even though you may receive the goods in multiple parcels.

We will ship pre-ordered goods to you within a reasonable timeframe, which we will estimate at the point of pre-order.

If the goods fail to arrive for any reason, then we will contact you within a reasonable timeframe to arrange a refund.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or geographic region. 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.

MONDAYNINEFIVE GIFT VOUCHERS

Mondayninefive paper gift vouchers can be used to purchase Products online at https://www.mondayninefive.com/ and over the telephone from Mondayninefive.

Gift vouchers may not be exchanged for cash and may not be redeemed at any one of our events, tradestands or offices.

For the Products purchased online, if the total value is less than the value of the gift voucher, any balance will remain as credit against your gift voucher and you can redeem it on https://www.mondayninefive.com/ or over the telephone from Mondayninefive for any subsequent orders. You can check the balance on your paper or email gift voucher by calling our customer service team.

Gift vouchers may not be used to discharge indebtedness on any account issued by Mondayninefive Ltd.

When redeeming gift vouchers online or over the telephone you will be required to give the serial number of the voucher.

If you have to return Products you have purchased online using gift voucher/s, you will be reissued with replacement gift vouchers. You may not return Products to Mondayninefive events, tradestands or offices. This does not affect your statutory rights.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We 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.

THIRD-PARTY LINKS

Certain 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.

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 SUBMISSIONS

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.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally 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. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We 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 Mondayninefive, our directors, employees, agents, contractors, interns, suppliers or service providers be liable for any 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.

GOVERNING LAW

These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. These conditions are applicable where the British or other applicable law do not provide conditions that are in conflict with them.

 

Mondayninefive Ltd accepts no liability for (a) late, lost, misdirected, incomplete, offensive or illegible entries, (b) any and all electronic, network, computer or other technical malfunctions or any human error that may happen upon collection, processing and transmission of data, or (c) any type of graphical or other error in the posting of the Prize Draw or in the administration of the Prize Draw.

Acceptance of any Prize shall constitute and signify the Winner's agreement and consent that Sponsor may use the Winner's name, address, and/or Prize information for promotional purposes without further payment or consideration. We will not enter into correspondence over the picking of the winning entry.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

PRIVACY STATEMENT

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GENERAL

Mondayninefive Limited are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 (Act), the data controller is Mondayninefive Limited of 36 Cherrywood, Newcastle NE64NW. We may also record telephone conversations to use for our internal staff training.

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

We may, very occasionally, make your postal address details available to similar and interesting companies, whose products may interest Mondayninefive customers. If you do not want us to do this then you can let us know by e-mailing us at mondayninefive@gmail.com.

If you are an existing customer, we will contact you by post or e-mail with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by post, e-mail or telephone if you have consented to this.

We work with Epsilon Abacus (registered as Epsilon International UK Ltd), a company that manages the Abacus Alliance on behalf of UK retailers. The participating retailers are active in the clothing, collectables, food & wine, gardening, gadgets & entertainment, health & beauty, household goods, and home interiors categories. They share information on what their customers buy. Epsilon Abacus analyses this pooled information to understand consumer's wider buying patterns. From this information, retailers can tailor their communications, sending people suitable offers that should be of interest to them, based on what they like to buy.

Epsilon Abacus may transfer data outside the EEA. The transfer will take place in the presence of appropriate safeguards, including standard data protection clauses adopted by the EU Commission”

Our communications are designed to tell you about the benefits we can offer, so that you have exclusive access to our best deals. We use the information we have about you to tailor the content and try to ensure that the offers are as relevant to you as possible.

 If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes then please call let us know by emailing us mondayninefive@gmail.com.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. 

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CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at mondayninefive@gmail.com