These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
Please ensure you read this document carefully and if you are purchasing Moki on behalf of someone else please ensure they have reviewed these terms prior to purchase, you may find it easier to print these terms off for future reference.
We may change these terms from time to time, please ensure you check them before you make a new purchase.
Moki Technology Limited (company number 11266496 (we and us), is a company registered in England and Wales and our registered office is at 1 Poultry, London, EC2R 8EJ, United Kingdom. Our VAT number is 311 6844 20.
We operate the website: https://www.moki.health.
Your Agreement With Us
We will confirm acceptance (or otherwise) of your order as soon as possible by return email using the details that were provided during the purchasing process,
A binding agreement arises once we accept your order and we will then charge your credit/debit card on acceptance of your order or raise and send the invoice depending on the payment method chosen.
We use Royal Mail or other well known couriers for all our deliveries but we do not accept responsibility for courier delivery times that are outside of our control.
Please note we require receipt of payment in full before we ship your order.
You are able to pay for your order at the Checkout using PayPal, ShopPay, Visa, MasterCard, Delta/Connect, American Express or Switch/Maestro. We will take all reasonable care to keep your order details and payment secure, but we will not be liable for any losses if an unauthorised third party obtains access to your information.
Payment will be processed at the point of order in full and goods are dispatched usually within 48 hours on weekdays. If there are any issues with dispatching your order we will let you know as soon as possible, normally within 72 hours by email with specific details.
If you select the invoice payment option you agree to pay all fees within 30 days of the date of invoice, in sterling, to the nominated Moki bank account stated on the invoice, inclusive of VAT and any other applicable taxes or fees which shall be payable in addition.
We will ship your Moki order within 48 hours of full payment being received.
In the event of non-payment within the 30 day period from the invoice being raised Moki reserves the right after this period to:
- Cancel your order and move your allocated Moki products to fulfil other customer orders
Please note we may or may not contact you to confirm that this has been the case.
If you have requested to receive Moki before payment on invoice has been received and we have shipped Moki to you then in the event of non-payment within the 30 day period Moki reserves the right to:
- charge interest on all outstanding sums at 10% above the Bank of England’s base rate, compounded daily;
- Suspend the provision of some or all of the Moki services provided to you under any agreement, until payment of all outstanding sums is made in full.
- Where required Moki reserves to right to instruct third party debt recovery companies to assist in recovering payment
Please note we retain the right to offer or deny credit terms on an individual case by case basis and may or may not enter into communications about our decision.
Non UK Mainland Deliveries (International)
The shopping checkout will display various delivery options for you, please ensure that you select the right one based on the information supplied. Moki will be shipped from the UK.
Import Duties & Local Taxes
For customers outside the UK there may be additional costs incurred due to import duties and local taxes. These charges vary based on the destination country but are the responsibility of the customer.
We aim to have your Moki devices with you within 2 weeks (14 days) or as fast as possible but cannot be held responsible for delays beyond our reasonable control, we will contact you immediately if there are any delays in the shipping on your order.
All items are subject to availability. We can only guarantee availability while stocks last. If the goods ordered are unavailable, we will contact you with suggestions.
We always endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes out of our control.
Damaged or Missing Items
If you receive an item that is damaged on arrival or you are missing an item from your order, you will need to contact us either by phone or by e-mail within 48 hours of delivery of goods.
Please email us here if you receive and damaged or missing Moki items:
We will then advise of our full returns procedure, and work with you to rectify this issue as quickly as possible.
Faulty Items & Your Warranty on Moki products
If you receive a faulty item or it becomes faulty whilst in its warranty period we will be happy to repair or if uneconomical replace the item.
In all cases you must first follow our simple returns procedure.
Once we receive the product back a member of the Moki team will inspect and test the product. We will notify you of our findings and if the item is found to be faulty we will either repair or offer a replacement or suitable alternative.
You must return the item safely and it is your responsibility to make sure the item is well packaged; if the item is broken in transit we will not be able to replace or repair the item.
Delay’s or Failure in our ability to perform - Our liability
References to liability in this clause include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
We only supply the Goods for internal use by you, and you agree not to use the Goods for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or any other liability that cannot be limited or excluded by law.
We will under no circumstances be liable to you for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill
- a third party act or omission
- failure by you to give us a correct email or delivery address or notify us of any change of address
We will communicate with you as quickly as possible and where required and agreed by both parties may offer a full refund if we are unable to support our contractual obligations
Customer Help & After Sales Support
For any questions or queries please feel free to contact us at anytime using the Contact Us form on this website:
Alternatively please email us directly: firstname.lastname@example.org
We have made every effort to display as accurately as possible. the styles, colours and other parts of our products that appear on this website. While we try to be as accurate as possible, all colours, fixings, sizes, weights and measurements quoted are approximate.
The price of Goods advertised excludes VAT which is added during the checkout process (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
In the unlikely event that an incorrect price or other information is shown on our website Moki Technology Limited reserves the right to abstain from fulfilling the order at that price.
The products sold on this Web Site have been designed to comply with the health and safety laws of the UK and we cannot warrant or represent that they comply with any health safety or other legal requirement outside the UK.
Your Data - Data Processing Activities
In this section, the terms 'Personal Data', 'Data Subject', ‘Controller’, ‘Processor’ and 'Processing' have the meanings given to them in the Data Protection Legislation.
The Parties acknowledge that the Customer (in this instance the organisation purchasing Moki - the schools or similar) is the Data Controller and Moki is the Data Processor in respect of all Personal Data processed.
Moki does not require Personal Data from users of the product.
The Customer shall be solely responsible for the compliance of Personal Data processing with the requirements set out in articles 5 and 6 of the GDPR.
Moki will not disclose any of the Personal Data to any third party (including for the avoidance of doubt the Data Subject itself) unless specifically authorised in writing by the Controller or so required by the law, making sure that all people processing the personal data are at all times under a legal obligation to preserve the confidentiality of the personal data;
Moki shall at all times comply with the Data Protection Legislation to the extent applicable to a Processor and, in so doing, implement the appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
Moki shall promptly notify the Controller if:
- it receives a request from a Data Subject to have access to that person's Personal Data;
- it receives a complaint or request relating to the Controllers obligations under the Data Protection Legislation;
- it receives any other communication directly relating to the processing of any Personal Data and its security in connection with this data processing sections;
- it becomes aware of any threatened or actual accidental, unauthorised or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to the personal data;
- it becomes aware of any breach of the Data Protection Law.
Moki shall provide such information and such assistance to the Controller as the Controller may reasonably require, to allow the Controller to comply with its obligations as Data Controller to respond to requests for exercising the data subject’s rights under the Data Protection Legislation.
Your Data - Privacy Statements
Dedicated policies can be found below, Moki Technology take our users privacy seriously and we will never do anything to knowingly compromise your data:
Data Protection for our users (wearers and users of the Moki product)
We have an appointed Data Protection Officer, for any queries please contact them directly using the details below:
Contracts formed between us for the purchase of items from this Web Site shall be governed by English law and any dispute shall be subject to the jurisdiction of the English Courts.
This document was last updated in August 2021.