LAST UPDATED ON 19-DEC-2022EFFECTIVE DATE 19-DEC-2022Please read these Terms of Use (“Terms“, “Terms of Use“) carefully before using the website www.moakskin.com or purchasing products (the “Service“) operated by Moak Skin Ltd (“us“, “we“, or “our”).

Moak Skin Ltd (herein after “Moak Skin”) is a limited liability company having its registered office at 27 Old Gloucester Street, WC1N 3AX, United Kingdom. Our company registration number is 14363932. 

1, Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

2, These Terms apply to you, and all visitors, users, clients, customers and others who access or use the Service by Moak Skin Ltd. Please read these Terms carefully as they contain important information, including information on warranties and limitations of liability. If you disagree with any part of the terms then you may not access the Service. 

These terms and conditions apply to you, and all users and customers (including casual browsers or third-party users) whether or not the registration process has been completed.

3, By placing an order of Moak Skin Ltd products or accessing the information on our website you acknowledge that you have read and accepted these Terms and Conditions, which together with our Privacy Policy govern Moak Skin Ltd’s relationship with you in relation to these services.

Please note that these may alter, if necessary, without prior notification. Any amendments to these terms will apply to any order places after the amended terms come into effect and are posted on moakskin.com. 

The online sale of the Products offered on the Moak website is intended for global shipping, subject to the regulations of that country. 

The use of these Services are subject to the following terms of use:

• The content of the website and information provided in the Service are for your general information and use only. They are subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on our website. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the products available through our service and accept no liability for their use. All products available through our service should only be used after a patch test. If you have any medical concerns, please contact your GP. 
• Your use of any information or materials from this Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Service meet your specific requirements.
• Our Service contains material which is owned by or licensed to us. This material includes, but is not limited to; the design, layout, look, appearance and graphics, educational/literary content and any products provided by Moak Ltd. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• From time to time this Service may also include links to other websites or Services. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s)/Services. We have no responsibility for the content or quality of the linked website(s)/Services.
• Your use of this Service and any dispute arising out of such use of the Service is subject to the laws of England, Northern Ireland, Scotland and Wales. 
• This Service does not provide medical advice. All health and health or wellness-related information contained within these Services are intended to be general in nature and for informational and educational purposes only. It is not intended to be a substitute for professional health advice, diagnosis or treatment or a professional’s independent medical judgment.

Certain services and items are only available after you have registered with us. By registering with us, you are stating that you over 18 years of age and have undergone the necessary registration process. As part of this registration process, you agree to provide true, accurate, current and complete information about yourself. This information must be kept accurate and up-to-date.

We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. 

Accepting these Terms of Use also constitutes acceptance of the current version of the Moak Ltd Privacy Policy, which will be provided to you with these Terms and Conditions, as an intrinsic part of this agreement.

Unless otherwise stated, the Services provided by us are only available within the countries listed above, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, products and text available through this Service.

Redistribution or republication of any part of this Service or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.

The Company does not warrant that the Service will be uninterrupted, timely or error-free, although it is provided to the best ability. By using this Service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

The entire contents of any Moak Ltd Service/Product, including without limitation text, graphics, photographs, images, moving images, sound, content, literary content, and illustrations, are the property of Moak Ltd (or its affiliates or licensors) and are protected by copyright, trademark, or other intellectual property laws (except that when applicable, copyright to cited materials is retained by the authors of the articles cited or the assigned rights holders, as stipulated by UK copyright law, or unless otherwise indicated on the subject material).

The trademarks, service marks and logos (including the name “Moak Ltd”) used and displayed through these Services belong to us or others, as applicable. Nothing in our Service should be construed as granting—by implication, estoppel, or otherwise—any license or right to use any trademark displayed in our Services without the prior written permission of the trademark owner. Subject to the exceptions set forth below, you may not use these Services in a manner that constitutes an infringement of our rights or that has not been authorised by us. 

You may view the Service content for your own individual use that is of a personal nature. You are not permitted to make any professional use of the Service or any Products.

You are responsible for anything you transmit to our Service. We do not control or screen the content of what is distributed by our members or third parties, and accordingly, we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you.

You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not. You are not permitted to use any of our services for any reason or purpose, which is unlawful, defamatory, harmful or objectionable, and, in particular, you are not permitted to transmit anything that, in our opinion, harms our business or offends other users or people.

You are not permitted to transmit to our Service to other users or people anything, which you do not have, a clear right to use. You must ensure that you do not transmit to our Service or users any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are not permitted to do anything that may disrupt in any way the operation of our services, nor are you permitted to do anything, which would disrupt the use and enjoyment of our services, by any other person. You are not permitted to use our Service to engage in any commercial activity of any form. We may record preserve and disclose anything which has been transmitted to, from or via our users through the Services, where required by law or where we are acting in good faith.

All materials contained in this Service are provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

The use of the contents of this Service is at the User’s own risk. We do not warrant that the Service or any of its functions will be accurate, uninterrupted or error-free, that defects will be corrected, or that any part of this Service is free of digital viruses or other harmful components.

We expressly disclaim all warranties of any kind, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third-party rights. To the extent that it is lawfully possible to do so, we make no warranty that (a) our Services/Products and/ or any information will meet your requirements, (b) your access to and use of the Services/Products will be error-free, (c) any errors or inaccuracies will be corrected. No advice or information, whether oral or written, obtained by you through or from our Services will create any warranty not expressly stated in these terms and conditions. If you have any questions about the above, please contact us on wecare@moakskin.com.

Neither we nor anyone else involved in creating, producing, or delivering the materials contained in this Service (including our officers, directors, managers, members, shareholders, manufactures, suppliers, and agents) shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of the User’s use of or inability to use the contents of this Service, even if we or any such persons noted above are advised beforehand of the possibility of such damages.

To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the Service; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions or other terms and conditions that relate to our other goods and/ or services we provide); (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties. You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed UK £1,000 and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. You explicitly acknowledge that certain features or functionality of Products and Services may rely on the availability and correct functioning of third-party

service providers, as may be indicated by us, including supply of energy, materials, supplies, data storage, connectivity and communication services. These are outside of our control, and we will have no responsibility or liability in this respect.

You agree to defend, indemnify and hold us and any individuals or entities affiliated with us (including officers, directors, members, managers, and employees) harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Service or application of knowledge gained by it, (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party’s rights, including any right of privacy, publicity rights, or intellectual property rights; or (iv) any other circumstance in which Moak Ltd becomes involved in legal action arising from your involvement with or connection to Moak Skin Ltd, electronically or in person.

You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incur in connection therewith) resulting from your misuse of our Service or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).

We may in our sole discretion suspend and/ or terminate registration or use of our Products or our Services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.

You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose. You also agree not to: (i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Services/Products. 

These Terms of Use, together with the Privacy Policy available constitute the entire agreement between you and Moak Ltd with respect to your use of this Service/Products and any interactions you have with us and our members, managers, officers, agents, or employees, electronically or in person.

You agree that any action at law or in equity arising out of or relating to the Terms of Use or to Moak Skin Ltd will be filed only in the UK courts, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, without regard to any conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Service or any other circumstance involving Moak Skin Ltd, its members, managers, agents, or employees, must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

You agree to submit any dispute with us exclusively to final and binding arbitration in accordance with laws of England and Wales and, for this purpose, to submit to the Expedited Arbitration procedure at the London Chamber of Arbitration and Mediation (‘LCAM’). The location of any arbitration shall be in London and the language shall be English. You agree that any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.

You agree that if any portion of these Terms or Privacy Policy is found by an arbitrator or court of competent jurisdiction to be invalid, the arbitrator or court shall nevertheless give effect to the parties’ intentions expressed therein. All other provisions of these Terms and Privacy Policy remain in full force and effect. Notwithstanding this, we shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction. Notwithstanding this, Moak Skin Ltd shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction. Improperly Filed Claims

All claims you bring against Moak Skin Ltd and its members and managers must be resolved in accordance with the Section on Governing Law of these Terms of Use (“Section”). All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Moak Skin Ltd may recover all attorneys’ fees and costs involved in defending said filing.

Any failure by us to exercise any rights or to enforce any of the terms of the Terms of Use or Privacy Policy shall not constitute a waiver of such rights or terms. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any provision thereof, all of which will remain in full force and effect. In the event of such finding of invalidity or unenforceability, the Parties shall endeavour to substitute the invalid or unenforceable provision(s) by such effective provision(s) as will most closely correspond with the original intention of the provision(s) so voided. At reasonable notice, Customer shall assist us in verifying your compliance with the Agreement.

You must provide and are solely responsible for all hardware, provisions or software necessary to access these Services.

You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware, provisions and or software.

You acknowledge that you may incur charges from your wireless carrier, internet service provider, or another method of internet or data access by using this Service and that payment of any such charges will be your sole responsibility.

You agree that your use of the Service will be in accordance with all requirements of your wireless carrier, internet service provider, or another method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

All and any prior promises, agreements, representations, undertakings or implications whether made orally or in writing between us and you are hereby superseded. You expressly acknowledge that no reliance has been placed on any representations which have not been incorporated as part of these Terms.

We reserve the right to change these Terms of Use or impose new conditions on the use of these Services/Products at any time. We will post any changes to the Terms on the website and update the “Last Updated” date to reflect the date of the changes. If we make a material change to the Terms of Use, we will not enforce the material change retroactively (i.e., to use of the Service before the change) unless we notify you by sending a notice of the change to our users. By continuing to use the Service/Website and any Products after we post (or notify you of) any changes, you accept the modified Terms. 

Please note that these terms and conditions of sale relating to any products/services purchased through us. 

1. Terms and Conditions: 

These are the terms and conditions of our agreement which apply to all purchases of products by you from us, and you should read them carefully. Terms may alter if necessary and therefore you should check them before you make a new purchase. 

2. Order: 

You can submit a product order through our website. All prices will be reflected in £UK Sterling with a currency converter alongside.

We are under no obligation to accept your order, but will normally do so where the products are available. The order reflects the pricing at the time of purchase and the payment of which, via your credit/debit card, will be approved by your credit card/debit card company or through our third-party payment systems.

 3. Pricing:

 All prices will be displayed in £UK Sterling or the currency of your country inclusive of VAT. Any change in VAT rate may be applied to the products. We reserve the right to adjust Prices for Products not yet delivered to reflect variations in individual cots of more than five percent (5%) including any foreign exchange rate fluctuations, raw materials and other costs of manufacturing and distribution, and labor costs, that take effect between the date of the Agreement and delivery of Products. Prices are subject to change without notice.

The price applicable to any order is the price indicated on the website at the time of submitting the order. Any catalogue, specification, price sheet or other similar documentation prepaid by us is strictly for convenience only and will not be deemed as an Offer. We believe such documentation is complete and accurate at the time of distribution, but we do not warrant that such documentation is error-free. We will not accept responsibility for any damages in connection with errors in measurements, descriptions, application recommendations and the like. 

4. Acceptance of order: 

We will notify you of our acceptance of your order via a confirmation email to the email address that you provide to us at the time of placing your order. At that point, a binding agreement between us will be in place based on these Terms and conditions of Sale.

If there are likely to be any delays in completing the order, such as awaiting stock or postal strikes, you will be notified and given the opportunity to cancel. Only credit and debit cards are acceptable as payment. We reserve the right to refuse any order, in such case, we will notify you as soon as possible, providing you with the reasons for such refusal, and refund your payment in full. 

5. Shipping:

We aim to deliver Products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we can’t guarantee firm delivery dates or times. Delivery options are set out on our website, although such delivery estimate information is indicative only. 

6. Accuracy

You are solely responsible for the accuracy of any order, including with the respect to the specification, configuration or any other requirements of products, and the functionality and compatibility of products, as well as fitness for a particular use.

You warrant that the information provided to us is complete, accurate and true and you acknowledge that a failure to provide complete, accurate and true information or instructions to us may detrimentally affect our ability to discharge our obligations or exercise our rights under these Terms and Conditions of Sale. We will use our best efforts to ensure that any photographs of any of the Products presented on our website are as accurate as possible. Please note, however, that the representation of the Products as produced by your computer screen may differ from the exact Product.

7. Payment

We will attempt to charge your account for payment at the time that the order is completed when the order is placed through the website. We take every reason case to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate (or, where the base rate is 0% or less, at 2%) on the outstanding balance until such time as the balance is paid in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court where applicable. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. We reserve the right, in its absolute discretion, to take any of the following measures if you fail to make a payment in accordance with these Terms of Trade: (a) withhold the supply of and dispose of the Products requested in the order, and/or (b) refuse to deal further with you, and we will not be liable to you for any loss or damage directly or indirectly resulting from any such action. 

8. Re-Sale

You may only resell certain products distributed by us and must gain approval in writing for which specific products may be resold and the terms under which this can be done. In the event that you resell Products or incorporate Products and/or the Service in offerings to your customer with our consent, you shall ensure that all your customers and/or end users of Products or the Service/Website comply with all your obligations under these Terms and Conditions of Sale, and that the terms of your agreement with each of your customer(s) or end user(s) are consistent with these Terms and Conditions of Sales, failing which you shall indemnify, defend and hold harmless us and our affiliates, and our officers, directors, agents, employees, successors, and assigns from and against, all losses, liabilities, costs (including legal costs) and expenses arising out of or in connection with any non-compliance.

9. Damages and Delays:

You explicitly acknowledge that certain features or functionality of Products and the Service/Website may rely on the availability and correct functioning of third-party service providers, as may be indicated by us, including supply of energy, data storage, connectivity and communication services.

These are outside of our control, and we will have no responsibility or liability in this respect.

10. Product changes: 

We may make changes to the design, materials, fit and finish of Products/ the Service/Website or change working methods, communication systems, software or any other elements of the Service, and Documentation provided that such changes do not materially affect the functionality of the Product or the Service/Website.

Unless specifically agreed otherwise, we do not warrant the availability, accuracy, completeness, reliability, timeliness or output from Products, Website and Services. You shall not use or rely on Products and Services for any other applications or purposes than agreed in the Agreement/these Terms.

11. Warranties:

The Service, Website and Products that we sell have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no representation or warranty that any service is compliant with health, safety or other legal requirements that apply outside the United Kingdom. We will not have any further liability in respect of the products/the Service.

This does not affect your statutory rights as a consumer.As a consumer, you have certain legal rights, including legal rights relating to any Products that are faulty or not as described. For further information about your legal rights, contact your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms of Trade will affect these legal rights.

If you receive a product that is not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund. Your right to cancel the purchase As a consumer, you have the right to return the Products, without any reason within 14 working days from the receipt of the Products.If the return of the Products is not because of a product defect or an error committed by us, you will have to pay the shipping charges for the return of the Products. If you exercise this right to return the Products, you will return the Products ordered, in a state fit for their resale and in their original packaging, to the following address: We will refund you within 30 days from the exercise of your right to cancel the purchase. 

12. Use of products and Services: 

You have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them. You shall use Products, Website and Services only for their intended purposes and in accordance with all guidelines, warranty terms and any other terms and conditions applicable to such Products and Services or provided by any of our personnel.

You agree to conduct a patch test of all products before use to ensure it is suitable for your needs. The Products are supplied for domestic and private use only. We shall not be liable for any losses relating to any business of yours, for example, lost revenue, income or profits lost data or any interruption to your business.

13. Third-party links/products: 

We do not provide any warranty for third-party links or products. Any third-party link or products included/distributed by us as part of our products or the Service are subject to the terms of sale and your individual agreement with any third party.

14. Defects and recall: 

If a recall, retrofit, update, withdrawal or any other remedial action related to any Service/Product is required, you shall fully cooperate and shall provide such assistance as we may require. You shall keep accurate records to assure traceability of the Service/Products in the event of a Product recall or any other remedial actions.

15. Copyright and Intellectual property:  

All products and services related to and distributed by us are covered by copyright and intellectual property rights, both in the UK and abroad. Any communications with us containing information are also protected. Products, Services and information provided by us are not to be distributed, shared or copied unless there is specific approval in writing from us. This approval may be withdrawn at any time.

16. Complaints:

If you have any complaints or comments about the Service or any of the products or services supplied or provided to you, please contact us at Customer Service Centre at wecare@moakskin.com

17. Force Majeure:

We will not be liable to you for any breach of our agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control.

This does not affect your statutory rights. If we choose not to enforce a right under our agreement, that decision will not prevent us from enforcing other rights, or the same right on a later occasion. Our agreement will be governed by English law and any disputes will be resolved non-exclusively by English Courts.

18. Privacy:

We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in the UK. Please read our Privacy Policy. If you do not have a copy of this or wish for another, please contact wecare@moakskin.com

19. Termination of Agreements and Refunds Policy:

Only products purchased through moakskin.com can be returned to us for a refund or an exchange. Products purchased in-store must be returned to their original place of purchase.

Should you make an error when ordering online, we will gladly exchange your Product for the Product you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges. In the event that you react to a product, you have the option of exchanging or refunding it.

Please note that a patch test should always be conducted to try and avoid this happening, per our terms. All products must be returned to: ……You are responsible for the shipping costs incurred when sending the products back to us. Should a Product be damaged while it is being shipped to you, we will provide you with a full refund or exchange. Return postage will be refunded in the case of damaged, defective or incorrectly sent Products and a refund will be issued through the method used for payment. 

In all cases, original proof of purchase must be provided and Products must be returned within 14 days of receipt for us to process any refund or exchange. Please email us at returns@moakskin.com before sending any items back so that we may process your return. Please retain your postage receipt until you are certain your parcel has been safely received by us. We may need to see this if we fail to receive your package. We will attempt to process returns within 10 working days of receipt and a refund will be issued through the method used for payment. If any term in these Terms of Trade is found to be illegal, invalid or unenforceable by any court or competent authority, the remaining terms will remain in full force and effect.If you break these Terms of Trade and we take no action, this does not mean that we have waived our rights against you. You will still have to comply with these Terms of Trade. Any waiver must be agreed by us in writing.