TERMS & CONDITIONS
This page and the documents referred to on it lets you know the terms of use in relation to our website www.lovemomiji.com
Please read these terms of use carefully before you start to use the site.
Any changes to our terms of use will be posted here. Please check back often to see any updates
General Introduction
When you access and use this website and any of the products available through the website you agree to the following terms and conditions. By using this site you are agreeing to all of the Terms and Conditions, and we may be update these from time to time. Please check back regularly to see any changes we may have made to these Terms and Conditions.
You may access this website on a temporary basis, and we reserve the right to withdraw or amend the site or products or other materials within it without notice. We will not be liable if for whatever reason this Website is not available at any given time. Occasionally we may deny access to part or all of this website. LoveMomiji.com contains links to other websites which are not operated by us. We have no control over such sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Each such site will have its own terms with which you will need to comply if you wish to use the site. privacy policy
Our privacy policy, which states how we use your information, can be found at privacy policy. By using LoveMomiji.com, you consent to the processing described therein and warrant that all data provided by you is accurate. MomijiHQ Ltd is registered with the Data Protection Registrar at the ICO as required by the laws of England.
Information About Momiji
This Momiji website is operated under license by MomijiHQ Ltd (Company No 7966442) whose registered office is at Lifford Hall, Kings Norton, Birmingham B30 3JN, United Kingdom. You can learn more about us here.
Acceptance of Terms
By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Prohibitions
You must not misuse or abuse this website or people who visit it. You must not: either commit or encourage any criminal offence; assist or cause transmission or distribution of a virus, trojan, worm, or post any other malicious material; hack into any feature of the website; cause data corruption; cause annoyance or offence to other users; infringe any other person's proprietary rights; send any unsolicited advertising or promotional material; or behave in any way which might constitute a criminal offence under the Computer Misuse Act 1990 and it’s successors. MomijiHQ will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Examples of misuse are any form of racism, incitement to religious hatred; any type of extreme material; harassment; defamation and intellectual property offenses.
We will not be liable for any loss or damage from a DDOS attack, viruses or malware that may infect your computer equipment, software, data or other material due to your use of our website whether downloading material from the site or linking to any other website from it.
Intellectual Property
We are the owner or the licensee of all intellectual property rights in our site, its contents, and in the Momiji material published on it. Such works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
You are free to share the images and content with your friends for non-commercial purposes and you should make every effort to attribute the work to us where it is ours. You must not use any part of the materials on our site for commercial purposes without obtaining written permission from us prior to use.
Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
MomijiHQ will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the website. Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of MomijiHQ, its employees or agents.
Linking To Our Website
You may link to a page within our website but by doing so you agree that you’ll indemnify us and hold our staff and directors harmless if any action is taken as a result of such a link. You may only link to a website owned or operated by you. Any link made is subject to the terms and conditions of use herein and we reserve the right to withdraw permission to link to our site without notice.
Ethical Policy
Integrity is an essential part of what we do at Momiji. We source a diverse mix of product from around the globe and trade with a variety of artists and manufacturers. It’s important to us that we build fair and positive relationships with our suppliers and their employees. Whilst cultural norms will vary from nation to nation there are certain standards which we believe cannot be compromised. We do our utmost to ensure that we are working within a fair trade environment as outlined in the points below.
- All employees must receive fair wages that are in line with similar occupations locally.
- The price of the finished article should directly reflect the human hours put into its manufacture.
- Employees should have protected conditions of employment and security in their jobs. There should be provisions for sickness to cover loss of earnings.
- Working hours should be reasonable to allow for leisure time.
- We deplore the exploitation of children.
- We deal personally and directly with all our manufacturers and suppliers.
- Our manufacturers should employ a health and safety policy and all employees should be made aware of safety standards and the dangers of machinery and chemicals used in production. There should be a first-aid box and someone present trained to know how to administer first-aid. The premises should be electrically safe and not a fire hazard. There should be adequate exits for the number of employees present.
- Drinking water and adequate sanitation facilities must be provided.
Governing Laws and Jurisdiction
This agreement will be governed entirely by the laws of England and any user of the website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
Severance
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force. Help If you have any concerns about material which appears on our site, please Contact Us
Terms of Sale
By placing an order via www.lovemomiji.com you’re offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Contract
When you place an order, you’ll receive an acknowledgement e-mail confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we confirm to you that your goods have been dispatched. The risk in the goods will be yours when delivery has been taken. These terms constitute the whole contract and cannot be varied.
MomijiHQ and it's partners are separate legal entities. Each is NOT each other's agent and any purchase you make is a contract specifically with the partner from which you entered the agreement. There is no liability between the partners and each has their own contact details which are easy to find at the base of the web pages here:
Momiji HQ Central https://lovemomiji.com/en/contact-us
Momiji ME (Middle East) https://lovemomiji.com/ae/contact-us
Pricing & Availability
The price you pay for the goods in your order is set out on the website on the date you place your order. For sales within Europe, all prices are inclusive of VAT where applicable. Delivery costs will be charged in addition and you’ll be asked how you’d like your goods delivered at the checkout. Please note that, where you receive goods from outside of either your country or your area of economic agreement (eg EC or NAFTA) you’re considered the sole importer of products and must comply with all laws and regulations, including any import duties and/or taxes of the country in which you are receiving the products.
For your information we use 2 warehouses. They are in the UK (primarily serving Europe and the rest of the world), the USA (Nevada - primarily serving the USA, Canada and also the rest of the world). Take care prior to checkout that you know which shop you are buying from. Your order will not be dispatched until we receive cleared funds. If your payment does not clear or is declined then we will not dispatch your order and no contract will have been formed between us for the supply of goods.
If we fail to describe the goods adequately (at our sole discretion) and you are not happy with the goods then we will happily give you a full refund.
All products are subject to availability - we may not be able to supply your order. If any products ordered and paid for cannot be shipped within a reasonable time we will happily give you a full refund (at our sole discretion or where EC or UK statute provides).
Please note - if you are purchasing from a country other than your own then there may be import duties and taxes. These are not covered by the price you pay in the store. They are in addition and will be required of you before you take delivery from your local courier or postal service. You agree that you are liable for these costs and, for the sake of clarity, refusing delivery due to these costs will not qualify you for a refund.
Pre Orders
Pre-ordered dolls are made especially for you and are brought in to order. As such they are not cancellable. If a doll is a pre-ordered doll then a message is displayed clearly during the purchase process indicating the delivery date. Delivery dates are approximate and time is not of the essence of the contract. If there is significant delay to the delivery then you will be informed by email.
Import Duties & Taxes
Please ensure you know which store (USA or UK) you are shopping from. You may choose whichever store you wish provided we ship to your country.
For Europe - we mostly ship from the UK. This means there are no further taxes or duties if you are ordering from the UK for delivery within the EC area apart from for tee shirts where there will be import costs. Delivery outside of this area may incur these charges - please refer to your local Customs Office for details of duty and tax free amounts.
Some quick guides but check the current information:
USA has a high import threshold and orders up to US$800.00 are allowed in duty and tax free on orders from outside the USA.
Canada has a low import threshold of some CAD20.00 but most postal services do not charge import monies although they are supposed to. You may well be billed but you might not be.
Australia allows AUD 1000.00 before taxes and duties apply.
The EU allows a low EUR 22.00 threshold before VAT is charged.
The UK is the same as the EU until 31st December 2020.
Where import taxes / duties are charged the carrier may also add an admin fee.
Payment
We currently accept online payments from major credit and debit cards. This incorporates Mastercard, Visa and American Express. PayPal and Klarna are also offered. See our FAQ’s for information about credit card security.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Slice it
Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
Damaged Goods
Occasionally you may receive damaged goods. You must notify us by email (quoting the shipment number and attaching a photograph) within 5 days of receipt of goods or 20 days from the date of shipment of the goods - whichever is the sooner. For sets of blind boxed items, we will attempt to replace a faulty doll but this cannot be guaranteed as they are, by their nature, blind boxed. It is accepted that a replacement with another blind box will be sufficient or a proportional refund for the damaged doll. For the purpose of clarity, a set of blind boxes will not be replaced or refunded for a single faulty item.
Returns Policy
For all returns please email us at help@momijihq.com before you send off your package.
We never want Momiji dolls to be at a home where they are not wanted and so we are happy to have them back. We ask that you return them in the box in which they were delivered and to the address written on the paperwork. Please return the original paperwork with the order and we suggest you take a copy (maybe a photo on your phone) or note down the key details. Once we have the doll (s) back safely and they have been checked as re-saleable then we will refund the cost of dolls and the outbound shipping to you. The amount you paid on your credit card ( or other payment method) will be refunded and we can only refund the money to the payment method you used to pay. If you’re returning your dolls because you’ve changed your mind then you will need to cover the cost of return postage to us and this can’t be refunded. Returns won't be considered if more than 30 days have elapsed since the ship date.
Discount Codes
Sometimes we might run discount codes. These are normally limited by time and will not be backdated or forward dated. Any special conditions relating to such codes will be issued at the time of the code.
Delivery
Please note: Delivery times are often extended during this period of Covid-19 pandemic. Overseas deliveries can be significantly slower as they can take a variety or routes to avoid closed hubs. Domestic deliveries may also be affected by local Covid-19 restrictions.
The delivery method is indicated as part of the order confirmation process. The method is indicative only and so are the delivery times. Time is not of the essence of the contract and a delivery delay does not constitute a breach of the terms of this contract. This does not affect your statutory rights under law. We may use another carrier method at our sole discretion if the chosen method is unavailable.
An item will not be counted as lost in transit until either we have satisfied ourselves that this is the case or 8 weeks have passed since the ship date and there is no tracking updates in that time. We will make a full refund for you if either of these happens or we'll replace the lost items if they are still available.
Please notify us of a delayed (non-delivery) shipment within 4 weeks of the order date as claims after this time won't be accepted.
Losses & Limitations of Liability
MomijiHQ’s liability in any way arising out of the subject of this contract shall not exceed the total value of the goods delivered and MomijiHQ shall not, under any circumstances, be liable to the buyer for any consequential, indirect or economic loss or damages.
Additional Terms and Conditions for Momiji Reward Scheme
- Introduction
This reward scheme is not a part of any contract but is above and beyond the contract and as such is purely discretionary at the sole discretion of Momiji companies. Any abuse of this scheme by members will result in immediate exclusion with no recourse. By participating in the Reward Scheme (the “Scheme”) on our website (the “Site”), you agree to these terms and conditions (“Terms”). The Scheme is offered to users who have registered on our Site, and the rewards can be redeemed as described on our Site.
2. Eligibility
The Scheme is open to adults who are at least 18 years old and have registered on our Site. The Scheme is not available to employees of our company or its affiliates
3. Earning Rewards
3.1 Users can earn rewards by participating in activities on our Site, such as making a purchase, referring a friend, or completing a survey.
3.2 The rewards earned are subject to change at any time and without notice and some products may be excluded from earning rewards.
3.3 Users are responsible for tracking their own rewards and ensuring they are correctly credited to their account. We will not be held liable for any lost or missing rewards.
3.4 Rewards have expiry dates. Users are responsible for tracking these. Emails will be sent to remind users prior to expiry and it is the user's responsibility to ensure these emails are not in spam folder or other hidden facility.
3.5 The scheme is monitored for abuse. Any user found to be acting against the spirit of the scheme may, at the sole discretion of the website manager, be excluded from the scheme.
4. Redeeming Rewards
4.1 Users can redeem their rewards for products or services offered on our Site.
4.2 The value of the rewards redeemed cannot exceed the total value of the products or services being purchased.
4.3 Rewards cannot be redeemed for cash or transferred to another user
4.4 Termination of Scheme: We reserve the right to terminate the Scheme at any time and without notice. If the Scheme is terminated, all rewards earned but not yet redeemed will be forfeited.
5. Limitation of Liability
We will not be liable for any damages or losses resulting from participation in the Scheme, including but not limited to lost profits or revenue, loss of data, or any other indirect, incidental, consequential, or punitive damages
6. Modification of Terms
We reserve the right to modify these Terms at any time and without notice. Users are responsible for regularly reviewing the Terms for any changes.
7. Governing Law
These Terms and the Scheme will be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms or the Scheme will be resolved exclusively by a professional and independent dispute resolution process nominated by Momiji and in England and Wales.
8. Contact Us
If you have any questions or concerns regarding the Scheme or these Terms, please contact us at help@momijihq.com
