Terms Of Service
ONLINE STORE TERMS AND CONDITIONS
(Last updated April 2022)
- Who we are. We are SafeMoon LLC, of 2100 Pleasant Grove Blvd, Pleasant Grove, UT 84062, United States. Together with our affiliated entities, SafeMoon US LLC, Safemoom Aproovals LLC and SafeMoon Media Group Limited, we are referred to in this notice as “SafeMoon”, “we” or “us”.
- What these terms cover. These are the terms and conditions (“T&Cs”) on which we supply goods (“SafeMoon Goods”) to you via the following website: https://capsule.safemoon.com (the “Website”). Please read these T&Cs carefully before you submit your order for SafeMoon Goods to us. These T&Cs tell you who we are, how we will provide SafeMoon Goods to you, how you and SafeMoon may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these T&Cs, please contact us to discuss.
- How to contact us. If you have any questions or complaints about SafeMoon Goods, you can contact us by emailing our customer service team at email@example.com.
- How we may contact you. If we have to contact you, we will do so by telephone or by emailing or writing to you at the email address or postal address you provided to us in your order.
OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the SafeMoon Goods. This might be because a SafeMoon Good is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the SafeMoon Good.
- SafeMoon Goods may vary slightly from their pictures. The images of SafeMoon Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the SafeMoon Goods, and therefore SafeMoon Goods ordered may vary slightly from those images. Additionally, the packaging of the SafeMoon Good may vary from that shown in images on our Website.
CHANGES TO SAFEMOON GOODS
- Your requests to change your orders. If you wish to make a change to the SafeMoon Good you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the SafeMoon Good, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
- Minor changes to the SafeMoon Goods
- Delivery costs. The costs of delivery will be as displayed to you on our Website.
- When we will provide the SafeMoon Goods. During the order process, we will let you know when we will provide the SafeMoon Goods to you.
- We are not responsible for delays outside our control. If our supply of the SafeMoon Goods is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any SafeMoon Goods you have paid for but not received.
- If you are not at your delivery address when the SafeMoon Good is delivered
- If you do not re-arrange delivery
- When you become responsible for the SafeMoon Goods. The SafeMoon Goods will be your responsibility from the time we deliver it to the address you gave us.
- When you own SafeMoon Goods. You own a SafeMoon Good once we have received payment in full.
- When we suspend the supply of SafeMoon Goods to youmay have to suspend the supply of a SafeMoon Good at our discretion, including (without limitation) to update the SafeMoon Goods to reflect changes in relevant laws and regulatory requirements. We will contact you in advance to tell you we will be suspending supply of SafeMoon Goods, unless the problem is urgent or an emergency. You may contact us to end the contract for a SafeMoon Good if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the SafeMoon Good.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the SafeMoon Good repaired or replaced, or to get some or all of your money back), see clause 8;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the SafeMoon Good, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any SafeMoon Good;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any SafeMoon Goods which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the SafeMoon Good or these T&Cs which you do not agree to;
- we have told you about an error in the price or description of the SafeMoon Good you have ordered and you do not wish to proceed;
- there is a risk that supply of the SafeMoon Goods may be significantly delayed because of events outside our control;
- we have suspended supply of the SafeMoon Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most SafeMoon Goods bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these T&Cs.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- SafeMoon Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- any SafeMoon Goods which become mixed inseparably with other items after their delivery.
- How long do consumers have to change their minds? You have 14 days after the day you (or someone you nominate) receives the SafeMoon Goods; unless your SafeMoon Goods are split into several deliveries over different days, where you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for SafeMoon Goods is completed when the SafeMoon Good is delivered and paid for.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
HOW TO END THE CONTRACT WITH US
- Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. When doing so, please provide your name, home address, details of the order and, where available, your phone number and email address.
- Returning SafeMoon Goods after ending the contract. If you end the contract for any reason after SafeMoon Goods have been dispatched to you or you have received them, you must return them to us. You must post the SafeMoon Goods back to us at the address we supply to you when you get in touch to let us know you wish to return them. If you are a consumer exercising your right to change your mind, you must send off the SafeMoon Goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the SafeMoon Goods are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the SafeMoon Good or these T&Cs, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
and in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. If you are entitled to a refund under these T&Cs, we will refund you the price you paid for the SafeMoon Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- When we may make deduction from refunds if you are a consumer exercising your right to change your mind
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
- your refund will be made within 14 days from the day on which we receive the SafeMoon Good back from you or, if earlier, the day on which you provide us with evidence that you have sent the SafeMoon Good back to us. For information about how to return a SafeMoon Good to us, see clause 2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a SafeMoon Good at any time by emailing or writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the SafeMoon Goods; and
- you do not, within a reasonable time, allow us to deliver the SafeMoon Goods to you.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for SafeMoon Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it. We may end the contract for a SafeMoon Good at any time by emailing or writing to you if:
YOUR RIGHTS IN RESPECT OF DEFECTIVE SAFEMOON GOODS
- As you are a consumer, we are under a legal duty to supply SafeMoon Goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the SafeMoon Goods. Nothing in these T&Cs will affect your legal rights.
Summary of your key legal rights
These legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your SafeMoon Good your legal rights entitle you to the following:
a) Up to 30 days: if your SafeMoon Goods are faulty, then you can get an immediate refund.
b) Up to six months: if your SafeMoon Goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your SafeMoon Goods do not last a reasonable length of time you may be entitled to some money back.
- Your obligation to return rejected SafeMoon Goods. If you wish to exercise your legal rights to reject SafeMoon Goods you must post the SafeMoon Goods back to us.
PRICE AND PAYMENT
- Where to find the price for the SafeMoon Good. The price of the SafeMoon Good (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the SafeMoon Good advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the SafeMoon Good you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the SafeMoon Good, we will adjust the rate of VAT that you pay, unless you have already paid for the SafeMoon Good in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the SafeMoon Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the SafeMoon Good's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the SafeMoon Good's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any SafeMoon Goods provided to you.
- When you must pay and how you must pay. We accept payment by the means notified to you as you place your order. You must pay for the SafeMoon Goods before we dispatch them. We will not charge your credit or debit card until we dispatch the SafeMoon Goods to you.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the SafeMoon Goods as summarised at clause 1; and for defective SafeMoon Goods under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the SafeMoon Goods for to you for domestic and private use. You are not permitted to use the SafeMoon Goods for any commercial, business or re-sale purpose.
OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these T&Cs to another person if we agree to this in writing.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its T&Cs.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These T&Cs are governed by English law and you can bring legal proceedings in respect of the SafeMoon Goods in the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.