Terms of service
Below is the complete revised Terms of Service for Moon & Earth Crystals, ready to copy into Shopify.
I've retained the structure of your existing terms while updating the language for your UK-based business, removing unnecessarily broad disclaimers and making the wording more consistent with your current operations.
This is a working legal draft rather than solicitor-approved terms. In particular, the liability provisions and consumer cancellation rights should be checked professionally before publication.
TERMS OF SERVICE
OVERVIEW
This website is operated by Katie Carswell, trading as Moon & Earth Crystals. Throughout the site, the terms “we”, “us” and “our” refer to Moon & Earth Crystals.
Moon & Earth Crystals offers this website, including all information, products, tools and services available through it, subject to the terms, conditions and policies set out below.
By visiting our website or purchasing from us, you agree to these Terms of Service, together with any additional policies referenced or linked within them.
These Terms of Service apply to all visitors and customers using our website.
Please read these terms carefully before using our website or placing an order.
Our store is hosted by Shopify, which provides the ecommerce platform through which we sell our products and services.
Nothing in these Terms of Service affects your statutory rights under applicable consumer protection legislation.
SECTION 1 - ONLINE STORE TERMS
By using this website, you confirm that you are legally capable of entering into a binding contract or have the permission of a parent or legal guardian where required.
You agree not to use our products, services or website for any unlawful or unauthorised purpose.
You must not transmit viruses, malicious code or any other material intended to interfere with the security or functionality of our website.
We reserve the right to restrict access to our services where there has been a breach of these terms, subject to applicable law.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse or cancel orders where permitted by law, including where there are reasonable grounds relating to suspected fraud, misuse of our services, pricing errors or product availability.
Where an order has already been paid for and we are unable to fulfil it, we will provide an appropriate refund in accordance with your statutory rights.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website, products, content or services without our prior written permission.
Your use of our website must comply with applicable laws and regulations.
SECTION 3 - ACCURACY OF INFORMATION
We take care to ensure that the information provided on our website is accurate and up to date.
However, occasional errors or omissions may occur.
We reserve the right to correct inaccuracies, update information and amend website content where necessary.
Product photographs are intended to represent our crystals and jewellery as accurately as possible. However, colours may appear slightly different depending on your screen settings.
As many of our crystals are natural, individual specimens may contain variations, inclusions, markings and formations that are part of their unique character.
We aim to describe these characteristics accurately within our product listings.
Nothing in this section affects your statutory rights if an item is faulty, misdescribed or not as advertised.
SECTION 4 - PRODUCTS AND PRICING
All prices displayed on our website are in the currency selected by the customer and include applicable UK VAT where required.
Prices and product availability may change without notice.
We reserve the right to correct genuine pricing errors and will contact you if an error affects an order you have placed.
If we are unable to fulfil an order at the advertised price due to a genuine error, we will explain the situation and offer an appropriate resolution in accordance with applicable law.
Many of our crystals are individual, one-of-a-kind specimens and availability is therefore limited.
Once a unique item has sold, we may be unable to provide an identical replacement.
We reserve the right to discontinue products or collections at any time.
SECTION 5 - PRODUCT INFORMATION
We carefully select and photograph our crystals to provide customers with an accurate representation of each piece.
Natural crystals may contain inclusions, colour variations, surface markings and other characteristics resulting from their geological formation.
These natural features are not necessarily defects and will be described or shown wherever reasonably possible.
Measurements and weights are provided as accurately as possible, although minor variations may occur.
Crystal properties and spiritual associations shared on our website are provided for educational, cultural and personal interest purposes.
Crystals and energy practices are not intended to diagnose, treat, cure or prevent medical conditions and should not replace professional medical advice or treatment.
SECTION 6 - ORDERS AND PAYMENT
By placing an order, you confirm that the information you provide is accurate and complete.
You agree to provide current contact, billing and delivery information so that we can process and fulfil your order.
Payment must be successfully authorised before an order can be processed.
An order confirmation email acknowledges receipt of your order but does not necessarily mean that we have accepted it.
A contract is formed when we confirm acceptance of your order, normally when your order is dispatched.
We reserve the right to contact you if additional information is required before processing your order.
Where an order cannot be fulfilled, we will contact you and arrange an appropriate refund.
SECTION 7 - SHIPPING AND DELIVERY
We offer complimentary Royal Mail Tracked 48 delivery on all UK orders as standard.
Our standard dispatch timeframe is 3–4 working days (Monday to Friday) from the date your order is placed, excluding UK bank holidays.
We always aim to dispatch orders sooner whenever possible.
Once dispatched, Royal Mail Tracked 48 generally aims to deliver within two working days, although delivery times may vary.
Royal Mail Special Delivery is available on selected dispatch days, subject to availability at checkout.
Special Delivery does not guarantee same-day or next-day dispatch.
Customers requiring delivery by a particular date should contact us before ordering so that we can confirm whether their requirements can be accommodated.
International shipping is available to selected destinations. Available delivery services, shipping charges and estimated delivery times are displayed at checkout.
International orders may be subject to customs duties, import taxes or other charges imposed by the destination country. Unless expressly stated otherwise at checkout, these charges are the responsibility of the recipient.
We are not responsible for delays caused by customs authorities or postal services beyond our reasonable control. However, this does not affect our statutory obligations concerning delivery.
Please refer to our Shipping Policy for further information.
SECTION 8 - RETURNS, REFUNDS AND EXCHANGES
We want every customer to feel delighted with their purchase.
We offer a 30-day returns and exchanges policy, subject to the conditions set out in our Returns & Refunds Policy and your statutory consumer rights.
Items should be returned in their original condition and packaged securely.
Customers are responsible for return postage costs for change-of-mind returns, where permitted by law.
We ask that all returned items are free from added fragrances, including perfume, incense, essential oils, fragranced products and smoke.
Where handling beyond what is necessary to inspect an item has diminished its value, we may make an appropriate deduction from the refund where permitted by law.
Earrings are excluded from our voluntary change-of-mind returns policy for hygiene reasons. This does not affect any applicable statutory cancellation rights or rights relating to faulty or misdescribed goods.
If an item arrives damaged, faulty or not as described, please contact us as soon as possible so that we can arrange an appropriate resolution.
Nothing in this section limits your rights under the Consumer Rights Act 2015 or other applicable consumer legislation.
Please refer to our Returns & Refunds Policy for full details.
SECTION 9 - GIFT CARDS AND DIGITAL PRODUCTS
Digital gift cards and downloadable products may be available for purchase through our website.
Gift cards are subject to any validity periods and redemption conditions clearly stated at the time of purchase.
Digital products are supplied electronically using the delivery method specified in the product description or order confirmation.
Where customers expressly consent to immediate access to digital content and acknowledge that doing so will result in the loss of their statutory cancellation right, that cancellation right may be lost once supply begins, in accordance with applicable law.
This does not affect statutory rights relating to faulty digital content.
SECTION 10 - SUBSCRIPTIONS AND RECURRING PAYMENTS
Certain products or services may be offered through subscription or recurring payment arrangements.
Where applicable, subscription pricing, billing frequency, renewal terms and cancellation arrangements will be clearly communicated before purchase.
By purchasing a subscription, you authorise recurring payments in accordance with the terms presented at checkout.
Subscriptions may be managed or cancelled in accordance with the applicable subscription conditions.
Any cancellation deadlines, renewal arrangements or minimum commitments will be explained before purchase.
Please refer to the relevant subscription product information for full details.
Nothing in this section affects your statutory consumer rights.
SECTION 11 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES
Our website may provide access to third-party tools, applications or services.
These may include payment providers, subscription management systems and other services that support the operation of our website.
Third-party services may be subject to their own terms and privacy policies.
We are not responsible for the independent operation of third-party websites or services outside our control.
However, nothing in this section excludes responsibilities that we cannot lawfully exclude.
SECTION 12 - THIRD-PARTY LINKS
Our website may contain links to third-party websites or resources.
These links are provided for convenience or additional information.
We do not necessarily endorse or control the content, products or services offered by third parties.
We recommend reviewing the relevant terms and privacy policies before using external websites.
We are not responsible for transactions entered into directly with independent third-party providers, except where applicable law provides otherwise.
SECTION 13 - CUSTOMER REVIEWS AND SUBMISSIONS
If you submit a review, testimonial, photograph, comment or other content to our website, you confirm that you have the right to share that material.
You agree not to submit content that is unlawful, misleading, defamatory, abusive or infringes another person's rights.
By voluntarily submitting content for publication, you grant Moon & Earth Crystals a non-exclusive, royalty-free licence to display and reproduce that content in connection with our website and business, subject to applicable law.
We reserve the right to moderate or remove content that breaches these terms.
We will not knowingly publish personal information beyond what is appropriate or authorised.
SECTION 14 - INTELLECTUAL PROPERTY
Unless otherwise stated, the content on this website, including photographs, written descriptions, graphics, branding and original educational materials, belongs to Moon & Earth Crystals or is used with appropriate permission.
You may not reproduce, distribute, modify or commercially exploit our content without prior written consent, except where permitted by law.
This includes the unauthorised use of product photography, original written descriptions and other proprietary materials.
Nothing in this section restricts lawful personal use or rights provided by applicable copyright legislation.
SECTION 15 - PERSONAL INFORMATION
Your personal information is collected, processed and stored in accordance with our Privacy Policy and applicable data protection legislation.
We use personal information where necessary to process orders, provide customer service, fulfil contractual obligations and operate our business.
Please refer to our Privacy Policy for further information about how we collect, use and protect personal data.
SECTION 16 - ERRORS AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability, delivery charges or other details.
We reserve the right to correct such errors and update information where necessary.
If an error materially affects an order you have placed, we will contact you to explain the situation and offer an appropriate resolution.
Nothing in this section removes or restricts your statutory consumer rights.
SECTION 17 - PROHIBITED USES
You agree not to use our website or services:
- For any unlawful or fraudulent purpose.
- To infringe intellectual property rights.
- To harass, threaten or discriminate against others.
- To submit false or misleading information.
- To distribute malicious software or harmful code.
- To interfere with the security or functionality of our website.
- To collect personal information about others without appropriate authorisation.
- To engage in spam, phishing or other deceptive activities.
We reserve the right to restrict access to our website where these terms are breached, subject to applicable law.
SECTION 18 - DISCLAIMER AND LIMITATION OF LIABILITY
We take reasonable care to ensure that our website, products and services meet the standards required by applicable law.
However, we cannot guarantee that our website will always operate without interruption or technical difficulties.
To the extent permitted by law, we are not responsible for losses arising from circumstances beyond our reasonable control.
We do not exclude or limit liability for:
- Death or personal injury caused by negligence.
- Fraud or fraudulent misrepresentation.
- Breaches of statutory consumer rights.
- Any other liability that cannot lawfully be excluded or restricted.
Nothing in these Terms of Service affects your rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
SECTION 19 - INDEMNIFICATION
Where permitted by applicable law, you agree to be responsible for losses reasonably incurred by Moon & Earth Crystals as a direct result of your unlawful use of our website or deliberate infringement of our intellectual property rights.
This provision does not apply to ordinary consumer disputes or restrict your statutory rights.
SECTION 20 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision shall be treated as ineffective to the extent necessary.
The remaining provisions shall continue to apply wherever legally permissible.
SECTION 21 - TERMINATION
You may stop using our website at any time.
We may suspend or restrict access to our website where there has been a serious breach of these Terms of Service or where required by law.
Termination does not affect rights or obligations that arose before termination, including outstanding orders, refunds or statutory consumer rights.
SECTION 22 - ENTIRE AGREEMENT
These Terms of Service, together with our applicable policies and any specific terms presented at the time of purchase, form the agreement between you and Moon & Earth Crystals.
Where additional terms apply to particular products or services, these will be communicated before purchase.
Nothing in these terms excludes information or rights that must legally form part of a consumer contract.
SECTION 23 - GOVERNING LAW
These Terms of Service are governed by the laws of England and Wales.
Any disputes will be subject to the jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws provide otherwise.
Customers residing outside England and Wales retain any mandatory consumer protections and jurisdictional rights applicable to them.
SECTION 24 - CHANGES TO THESE TERMS
We may update these Terms of Service periodically to reflect changes in our business operations, website functionality or legal requirements.
The latest version will be published on our website.
Changes will not retrospectively remove or reduce rights arising under contracts already entered into.
We recommend reviewing these terms periodically.
SECTION 25 - CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us.
Moon & Earth Crystals
Katie Carswell, trading as Moon & Earth Crystals
10 The Crescent
Brixton
Plymouth
PL8 2AP
United Kingdom