Terms & Conditions
Moment of Joy supplies products listed on the Moment of Joy, Teespring.com and Etsy.com websites under the following Terms and Conditions. Please read these Terms and Conditions carefully before using any of our websites, or ordering from us.
We reserve the right to update these Terms and Conditions at any time, and any updates affecting you or your purchases will be notified to you, by us in writing (via email), and on this page.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
We recommend that you print and keep a copy of these Terms and Conditions for your future reference.
About Moment of Joy The Netherlands
This website is owned and operated by Moment of Joy, a company registered in The Netherlands (company registration number 55641636).
Registered VAT number is: NL153616842B01.
Contract - The agreement between us and you for the sale and supply of products
Cookies - Small text files which are placed by our websites on your computer hard drive to identify your computer and to store information about your session on our website.
Personal Information - Details provided by you to us.
Product(s) - An item offered for sale by Moment of Joy.
Product Description - Where details of individual products are provided, and details of any special conditions that apply to particular products are displayed
Special Conditions - Any terms and conditions outside of this document applied to a specific product.
Terms and Conditions - These terms and conditions and any special conditions applied to individual products.
Users - Means users of our websites collectively.
We / Our / Us - Means Moment of Joy or any of our registered trading names.
Website - Means users of our websites collectively.
You/ Your - Refers to you as a customer.
General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to any products you purchase from our stores, and any orders from Moment of Joy that you place through our website. These terms and conditions apply regardless of how you access the website, including via any device by which we make our website available to you.
You must read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s) through the website.
1. Placing Orders
- You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account.
- When you create an account we will ask you to create a password to allow you to access your account, and to maintain account security on this website. You are responsible for keeping your password and account information confidential.
- We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorised use of your account, please contact us.
- If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.
- If you use our Guest Checkout we will retain your personal information in order to process your order.
2. Subscriber Offers
- By adding a subscriber offer to your transaction you are giving permission for Moment of Joy to opt you into all communications including but not limited to email, sms, and notifications. If you decide at whatever stage to opt out of marketing communications then any subscriber offers are not valid and will not be applied to your purchase. You may opt back in at anytime by accepting subscriber offers or changing your preferences.
3. Order Acceptance
- Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and despatch of the product(s) is confirmed.
- We have the right, prior to despatching the product(s) to decline an order for any reason, including legal and regulatory reasons.
- Our contract with you will start when you receive the order despatch email and remain in place until the last day of your right to return the products.
- If we cannot supply you with the all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.
- If the fulfilment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time, including after despatch of products or notification to you that the order is being processed. In such circumstances, you acknowledge that Yours Clothing shall incur no liability.
- During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.
- By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third party provider.
- We do not store your payment information, however third party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
- We take full payment immediately for all products, unless you sign up to pay for your order using our third party credit provider. Card payments will be subject to authorisation from your card issuer, and credit facilities subject to a credit check.
- Products ordered remain the property of Moment of Joy until they have been collected physically, or we have delivered them to the address specified by you.
- If you have already received the products you ordered from us, but your payment was not received, you must either pay for the items, or return them to us in the same condition that you received them, in accordance with our reasonable return instructions and at your own expense. If you fail to do this within 30 days from the date on which we notify you of cancellation of the order, we may arrange for collection of the products at your expense.
- We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.
5. Delivery and Collection Delivery
- Timescales and charges for delivery vary depending on the products ordered, your delivery address and country, and the delivery services available.
- Delivery will be to the address or store specified in your order. If no one is available at a residential or other address at the time of delivery, our courier will advise whether your order has been left in a specified safe place, or returned to depot/post office.
- Orders over EUR20 delivered to a European address are free of charge but if you return an item or items and your order amount after a refund falls below EUR20, then the standard delivery charge will be applied to your order and your refund will be reduced for this amount.
- When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you.
- We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.
- In the NL, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your statutory rights see “Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre.
- Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, we reserve the right to define what products can and cannot be delivered to which destination.
- Moment of Joy products are sold on the basis that delivery duty is unpaid. You, as the recipient, may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and before placing an order for international delivery, you are required to check these details.
- It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
- It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
- Where free delivery is offered over a spend threshold any returns that when refunded reduce the order below that threshold then the original delivery charge will be applied to the order and the refund reduced accordingly.
- We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
- We shall be under no liability to you for such delay or failure of products being delivered when originally specified.
7. Changes to an Order
- Any changes to your order must be notified to us prior to their despatch, and be in writing (via email).
- When an order is placed, you cannot make changes to your name or address once your order has been despatched.
- If you amend or change your order this could lead to changes to your delivery timetable.
- If you amend or change your order you may also find the item is no longer available, or that the price has changed for which you may be charged.
8. Right to cancel
- If you are entering into a contract with us as a consumer online or ordered by telephone, you have the right to cancel* (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), your contract at any time up to 14 calendar days after the day on which you received the products you ordered.
- When we have received all of your order back, any paid delivery charge will be included in your refund. The delivery charge refund will be to the value of standard delivery.
- To exercise your right to cancel your contract with us, you must inform us of your decision in writing within 14 calendar days after the day you received the products, which you can do by downloading the cancellation form here and sending to us separately.
- While the products are in your position, you must take reasonable care of them until you return them to us.
- You shall send back any products or return them to us, without undue delay and in any event not later than 14 days from the day you communicate your cancellation of the contract to us.
- The deadline is met if you send back any products before the 14 days has expired. Unless returned to the noticed DHL/PosNL collection point you will have to pay any direct cost of returning any products to us. If you use our free returns label to return a cancelled order, we reserve the right to charge you our standard returns cost of EUR3.99 in the NL or €8 in the EU.
- Products should be returned either with, or in their original packaging.
- You are only liable for any diminished value of the products resulting from the unnecessary handling, in excess of what is necessary to establish, characteristics and functioning of the products. We will assess this charge when the products are returned but this charge will not be more than the original contract value
- We will process your refund within 14 days of receipt of the products.
- For products delivered to a third party, at your request in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.
1. Website Use
- By accessing, browsing, placing an order on, registering with, or using this website, you confirm that you have read, understood and agree to these conditions in their entirety. If you do not agree to these terms and conditions in their entirety, do not use this website.
- This website is hosted by Jouwweb.nl, for further information about their terms and conditions, click here.
- Use of this website by you, should only be for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the website.
- Without our prior written consent, you must not copy, reproduce, edit, communicate to the public, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the website other than solely for your own personal use.
- Content of this website may not be used for any commercial purposes whatsoever.
2. Rights Ownership
- All rights, including copyright and intellectual property rights used on, in and to this website are owned by or licensed to Moment of Joy.
- Use of the website grants no rights to you in relation to our intellectual property rights, or that of third parties.
- By submitting information (other than compulsory personal information when registering an account), text, photos, graphics or other content to the website, you confirm that you have the right to use the material and grant us a right to use such materials at our discretion, with or without accreditation in any media including, without limitation, to post and remove such materials from the website.
- You further agree to execute all such submissions and do as we may reasonably require in order to assign any such rights to us and waive any moral rights you acquire in the website.
3. Ownership of Submissions
- Other than personal information, all comments, blog posts, product reviews, suggestions, questions, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Moment of Joy on or through the website or otherwise by you shall become and remain our property once submitted.
- Within these terms and conditions, you must comply with the content standards set out in clause 28.
- You warrant that you own or have the right to use any submissions.
4. Social Networking Sites
- These terms and conditions also govern any submissions you make on any Moment of Joy related third party website or page such as our Facebook, YouTube, Twitter, or Instagram.
- We are not responsible for any content or material posted on any third party social networking site and it does not necessarily reflect the opinions or ideas of Moment of Joy or its employees.
5. Intellectual Property Rights
- By offering or disclosing any submissions, your agreement to these terms and conditions shall constitute an assignment to Moment of Joy of any intellectual property rights.
- Whenever you use a feature that allows you to upload to our site, or to make contact with other users of our site, or make any submissions on any Moment of Joy related third party website, you must comply with the content standards set out in these terms and conditions.
- We are not responsible for, nor do we endorse any third-party advertising on our pages of any social networking sites.
- All rights, including copyright on our websites, and third-party pages are owned by or licensed to Moment of Joy.
- Any use of Moment of Joy social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited unless we have given our permission in writing.
- You confirm that any content you offer by submission is your own and does not infringe the intellectual property of others, including trademarks and copyrighted material.
- Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the submissions for any purpose.
- We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Moment of Joy related third party social networking sites constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by any user of our website.
- We have the right to remove any submissions you make on our website if, in our opinion, such submission does not comply with the content standards set out in clause 28.
7.Rules for Submissions
- You must be 18 years of age or older.
- Suppliers or manufacturers are not eligible to post a submission.
- You must be the author and owner of the intellectual property rights.
Submissions should not include:
- Offensive, abusive or otherwise inappropriate language;
- Blasphemy, discriminatory, profanity, racist, sexually explicit, sexually gratuitous, spiteful or comments or content that might be considered to be harassment, or threatening against the personal safety or property of others
- comments about other users commenting, reviewing or blogging on the site
- remarks about criminal accusations, false, defamatory or misleading statements
- material impersonating others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- advertisements or spam material
- third party brand names or trade marks
- Computer script, HTML coding or website URLs
- availability, price, promotions or alternative ordering or delivery information
- information about our suppliers or manufacturers
- unsupported claims about the product producing an effect other than that for which it is indicated
- references to any products other than the product to which the submission relates.
Moment of Joy, in its absolute discretion, reserves the right to not publish the submission, or remove reviews which do not comply with the terms and conditions.
If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
8.Accuracy of Content
- To the extent permitted by applicable law, we disclaim all representations and warranties, express or implied, that content or information displayed in or on this website is accurate, complete, up-to-date and does not infringe the rights of any third party.
- Any views expressed in user content are opinions of those users and do not represent the views, opinions, beliefs or values of Moment of Joy.
9. Damage to Your Computer or Electronic Device
- We use reasonable efforts to ensure that this website is free from viruses and malicious or harmful content, but we cannot guarantee that your use of the content or any links on this website will not cause damage to your computer or device.
- It is your responsibility to ensure that you have the right equipment, including antivirus software to use the website safely and to screen out anything that may damage or harm your computer or device.
- We shall not be liable, except where required by applicable law, to any user for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via this website.
10. Links to Other Websites
- On this website, we have placed links to other websites we think you may want to visit. We do not vet these websites and do not have any control over their content.
- We cannot accept any liability, except where required by applicable law in respect of the use of any linked websites.
We exclude all representations, warranties, conditions and terms, whether express or implied to the fullest extent permitted by law.
We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms and conditions or your use of the website.
These exclusions shall be governed by and construed in accordance with Dutch law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these terms and conditions shall limit or exclude our liability for personal injury or death caused by our negligence or for fraud.
These terms and conditions shall also not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Other Legal Notices
- On areas of this website, there may be other legal notices which relate to your use of the website, all of which together with these terms and conditions govern your use of this website.
Changes to these Conditions
We reserve the right to change and update these terms and conditions from time to time and recommend that you revisit this page regularly to keep informed of the current terms and conditions that apply to your use of the website.
By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our terms and conditions.
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