As online retailers, we are statutorily obliged to outline the Terms and Conditions of using our www.wakeupbear.co.uk website. All chapters are available below.
There Terms and Conditions do not affect your statutory rights.
These Terms and Conditions (the “T&C”) and our Privacy and Cookies Policy govern your use of the www.wakeupbear.co.uk website (“Wake Up Bear Website”) and your relationship with Wake Up Bear in UK (“Wake Up Bear”, “we” or “us”). This page (together with the documents referred to) contains the terms and conditions on which we supply any of the Products (each a “Product”) and Services (each a “Service”) listed on Wake Up Bear Website. Please read these Terms and Conditions carefully before ordering any Products and/or Service from Wake Up Bear Website. You should understand that by ordering Products and/or Service on this website, you agree to be bound by these T&C. We recommend you to print a copy of these T&C for future reference.
Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these T&C and/or our Privacy and Cookies Policy, please do not register for or use the Wake Up Bear Website. Please note that to use any of the services provided on the Wake Up BearWebsite, you are required to register as an authorised user on the site.
Chapter 2 – General Information
- “Account” means the account that you will need to register for on the Wake Up Bear Website if you would like to submit an Order on the Wake Up Bear website.
- “Breach of duty” means the breach of any obligation arising from the express or implied Terms of a Contract to take reasonable care or exercise reasonable skill in the performance of the contract or common law duty to take reasonable care or exercise reasonable skill but not any stricter duty.
- “Business Day” means a day which is neither:
- a Saturday or Sunday, nor
- a public holiday anywhere in United Kingdom.
- “Contract” means your Order of a Product(s) or Service(s) in accordance with these Terms and Conditions which we accept in accordance with clause 8 below.
- “Customer” means individual who places an Order.
- “Liability” means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.
- “Order” means the order submitted by you to purchase a product from us.
- “Order Confirmation” means our email message to you in which we accept your Order in accordance with clause 8 below.
- “Registered Office” means the official address of the company as stated on the register at Companies House. Any documents delivered to this address are considered to be legally served on the company.
- “you” means the Customer who places an Order.
- Trademarks & Intellectual Property Rights
- Our Supplier’s names, logos and all related names, design marks and slogans are their trademarks or service marks.
- We are the owner or the licensee of all intellectual property rights on the Wake Up Bear Website, and in the material published on it.
- You must not use any part of the materials on the Wake Up BearWebsite for commercial purposes without obtaining a licence to do so from us or our licensors.
- Trademarks and Intellectual Property Rights are protected by copyright laws and treaties around the world.
- Infringements of any of our Trademarks and/or Intellectual Property Rights may be subject to legal action.
- You may not take any actions which intently or involuntarily put on risk or damage our reputation reputation in particular by saying, writing, publishing, etc. anything that is false, misleading, derogatory or offensive about us, our Products or our services or policies.
- About us
- Made on Moon Limited (“Wake Up Bear”) is a company registered in United Kingdom under number 10291380 with Registered Office at Portland House, Belmont Business Park, DH1 1TH Durham.
- Made on Moon Limited (“Wake Up Bear”) is VAT registered under number: 245 9008 04.
- About these T&C
- These T&C govern the supply by us of any Product ordered by you on Wake Up Bear Website. By ordering a Product, you agree to be legally bound by these T&C.
- You can read our T&C at any time on Wake Up Bear Website.
- These T&C shall be governed by and construed in accordance with English law. You submit to the exclusive jurisdiction of the English courts to settle any dispute which may arise under these Terms and Conditions.
- These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
- We reserve the right to amend These terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online.
- Information about visiting Wake Up Bear Website and Third Party Websites
- We process information about you in accordance with our Privacy and Cookies Policy. By using the Websites, you consent to such processing and you warrant that all data provided by you is accurate.
- You must not without our permission frame Website onto your own or another person’s website.
- We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Websites, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it.
- We reserve the right to publish links from Website to Third Party Websites. We are responsible only for Third Party Websites only when we are the provider of linked site.
- We have no control over and accept no responsibility for the content of any site to which a link from the Websites is published.
- Using Wake Up Bear Website
- Although Wake Up Bear Website aims to offer you the best service possible, Wake Up Bear makes no promise that the services as Wake Up Bear Website will meet your requirements. Wake Up Bear cannot guarantee that the service will be faulty free. If a faulty occur in the service you should report it to Customer Service and we will attempt to correct the faulty as soon as we reasonably can.
- Your access to Wake Up Bear Website may be occasionally restricted to allow for repairs, maintenance or introduction of new services. Wake Up Bear will attempt to restore the services as soon as it reasonably can.
- We are not obliged to keep a consistent range of Products or keep any Products available permanently.
- We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures, finishes, etc. of our Products.
- What and how you see will depend on your computer, equipment, screen or monitor and its settings and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual item.
- The Customer’s Account
- For you to be able to Order Products from Wake Up Bear Website, you must have a registered Account.
- To register Account on Wake Up Bear Website you must:
- Be at least 18 years old; and
- Be a resident in the United Kingdom; and
- State personal information in registration form on Wake Up Bear Website.
- In justified cases we reserve the right to edit or delete Accounts as part of our virtual householder’s rights.
- When you register Account on Wake Up Bear Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share with anyone You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Support immediately.
- Wake Up Bear Website may suspend or cancel your registration immediately if you beach any of your obligations under these Terms and Conditions.
- You are responsible for:
- Assuring that all information you enter as part of the registration process is correct, complete and up to date; and
- Inform us immediately of any changes to the information that you provided when registering by updating your personal details; and
- Keeping your personal log-in information (login, password) secure and confidential.
- Order, Contract Formation and Payment
- To making an Order, you must register for an Account on Wake Up Bear Website as detailed in Clause 7, and you must follow the instructions on Wake Up Bear Websites as to how to make your Order and for making changes to your prospective Order before you submit it to Wake Up Bear Websites.
- The binding price with all applicable changes will be shown once you select a product that you wish to order. No other prices and/or changes are binding.
- All prices include VAT. The VAT rates reflect the rates which are valid in United Kingdom. When applicable VAT 0% will be applied.
- Unless otherwise stated on the Wake Up Bear Website, all charges are in the currency then in force in the United Kingdom.
- To process your order we require that you pay for the product in full at the time of ordering by supplying us with your credit or debit card details or by PayPal. Alternatively, you may pay by any method that we have said is acceptable to us.
- We reserve the right to obtain validation of your payment details before providing you with the product.
- You agree that you will receive invoices and credit notes exclusively in electronic form.
- Independent of chosen payment method and order status we shall not be bound to supply product before we have received funds in full.
- You are responsible for:
- Ensuring that details of a payment card are correct and you are fully entitled to use that card or account; and
- Ensuring that the card or account has sufficient funds to cover the proposed payment to us; and
- Ensure that the expiry date of your payment card is after the anticipated despatch date of your order (in the event that the payment card has expired we will be unable to take payment and fulfil your order).
- A Contract shall be formed and we shall be legally bound to supply the Product and/or Service to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you.
- If you discover that you have made a mistake with your order after you have submitted it to Wake Up Bear, please contact Customer Service. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
- We offer payment by direct bank transfer, credit or debit card (VISA, Master Card, American Express) and Paypal. However, we reserve the right to offer less or more than our full range of payment options.
- We may cancel a Contract if the product is not available for any reason. If this is the case, we will notify you and return any payment that you have made.
- We will usually refund any money received from you, using the same method originally used by you to pay for the product.
- Limitation of Liability
- We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract in event of any circumstance beyond our reasonable control (e.g.: any act of God, actions of hackers, suppliers and/or governments, national emergencies, terrorism, piracy, strikes, epidemic, fire, explosion, storm, flood, weather conditions, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies, shortage of or inability to obtain supplies, materials, equipment or transportation.
- Subject to our liability for fraud and liability for breach of any applicable law or statutory rights as a customer:
- Our only duty is to provide reasonable care and skill in performing any obligation under these Terms and Conditions.
- We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these Terms and Conditions.
- We shall have no liability for loss of revenue, actual or anticipated profits, contracts, the use of money, anticipated savings, business, time, opportunity, reputation, data or any indirect or consequential loss.
- Subject to our liability for fraud and liability for breach of any applicable law or statutory rights as a customer our total liability under any contract, to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of £100 or 100% of the value of the relevant contract under which the cause of action arises. This limitation has effect in relation both to any liability expressly provided for under these terms and conditions and to any liability arising by reason of the invalidity or unenforceability of any term of these terms and conditions.
Chapter 2 – B2C Sales
- B2C Sales Model
- B2C sales model refers to retail sales. B2C sales model is dedicated to respective end customers. You are buying through Wake Up Bear B2C model, if you are using B2C Online Shop available on the website www.wakeupbear.co.uk
- For the purchase through B2C sales model, Chapter 1 and Chapter 2 of our T&C are applicable.
- Promotional Discounts and Gift Cards
- Wake Up Bear offer Products and Services in different Wake Up BearPOS (Point of Sales) inter alia on Wake Up Bear Website. Wake Up Bear endeavours to ensure that all Products and Services on Wake Up Bear Website are available at the same price in all our Wake Up Bear POS (Point of Sales). However, from time to time we may offer additional discounts for purchases made via only one POS. Additionally, Products offered as sets on the Wake Up Bear Website may not be offered as part of a set in other POS and individual prices may apply.
- Any gift card, coupon, discount, offer or promotional discount offered on Wake Up Bear Website is valid only for use as part of a purchase made via Wake Up Bear Website, unless otherwise stated and subject to availability.
- A gift card cannot be exchanged for cash or refunded.
- If the value of Products purchased on Wake Up Bear Website together with all other charges total less than the value of your gift card, any balance will be left as credit for you on your gift card.
- If you want to return Products that you purchased via Wake Up Bear Website using a gift card, your refund will be placed on a gift card (the same or new gift card).
- If your gift card becomes accidentally damaged or if you have any issues with using your gift card, please contact Customer Services.
- Gift cards can only be used for orders in British Pounds.
- We may email Promotional Discounts and Gift Cards to you. We accept no liability for errors in the email address of the voucher recipient.
- We assume no liability for the loss, theft or illegibility of Promotional Discounts or Gift Cards
- We ship from UK worldwide.
- We aim to deliver the Product to you at the place of delivery requested by you in your order. You are responsible to ensure that provided delivery address is complete and correct. You must provide not only the full and correct address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
- We aim to deliver within the time indicated by us at the time of your order. We always aim to deliver within 5 working days from the date of any order which we accept, but we cannot guarantee any firm delivery dates. It may take a few days extra for shipments to be delivered to remote post codes and to Channel Islands.
- We shall let you know, if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- On delivery of the product, you may be required to sign for delivery. You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery. You need to inform us about any faults, defects or damage immediately by contact Customer Service.
- You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
- You need to keep the receipt of the delivered product in case of future discussions with us.
- We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
- If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not, within two weeks of our first attempt to deliver the product to you, accept delivery or collect the product from the carrier, then we may no longer make the product available for delivery or collection. In this case we will notify you that we are immediately cancelling the applicable Contract and we will refund money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the product).
- Information concerning the exercise of the right of withdrawal
- You have the right to withdraw from this Contract within 14 days without giving any reason.
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
- In order to exercise the right of withdrawal, you must inform Wake Up Bear (Made On Moon Ltd. Portland House, Belmont Business Part, Durham, DH1 1TW, e-mail: firstname.lastname@example.org) about your decision to withdraw from this Contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
- You may use the attached model withdrawal form (attached to all shiptemts), but it is not obligatory.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).
- We return to you payments without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
- We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods if you use the provided return documents.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Unless it stated otherwise, default return address is: Made On Moon Ltd. Portland House, Belmont Business Part, Durham, DH1 1TW.
- Warranty and Faulty Products
- We warrant that the products will be delivered in the quantities ordered and the product will conform with the manufacturer’s instructions or to our product information published at the time of your order.
- We try very hard to deliver products in excellent condition. However, if Product which was delivered to you is faulty, damaged or does not meet the Product Description on Wake Up Bear Website, you can ask us to repair it, replace it or provide refund.
- The product is intended to be used strictly in accordance with the manufacturer’s instructions or to our product information.
- In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product, including:
- you specifying with reasonable detail the way in which it is alleged that the product is damaged or defective; and
- you providing us with the delivery note number and such other information as we reasonably require.
- If you would like us to repair, replace or provide a refund for the product where it did conform to the applicable contract, and we find that the product has:
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- been dealt with or used contrary to our or the manufacturer’s instructions for the product; or
- deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the product.
- Gift Vouchers
- In order to purchase a Gift Voucher, you will need to register an account with us through Wake Up Bear Website.
- Gift Vouchers are virtual and downloadable products and will not be sent by post.
- Each Gift Voucher includes unique code. The code is one use only and caanot be split to more than one purchase/transaction.
- Gift Voucher must be redeemed on Wake Up Bear Website, as full or part payment of products from Wake Up Bear Website. It means that the total value of products being purchased can be bigger than the value of the Gift Voucher. Then you will have to cover only the difference between the total value of the products and value of Gift Voucher. If the total value of the products will be lower then the value of the Gift Voucher, the difference will not be returned or exchanged to cash.
- A Gift Voucher cannot be used to purchase a further Gift Voucher.
- When ordering a Gift Voucher, you should ensure to enter the email address and all data correctly. We cannot be held responsible if the address or any other data is entered incorrectly and someone other than the intended recipient uses the Gift Voucher.
- Wake Up Bear Website offers and promotions (including gifts with purchase and discounts) do not apply when purchasing Gift Vouchers. In case of purchasing Gift Voucher with any discount Wake Up Bear will refuse to carry out transaction, the code will be disabled and money will be return (if applicable).
- If not specified otherwise, the Gift Voucher expires 6 months from the date of purchase.
- Gift Voucher cannot be exchanged for cash.
- Gift Voucher may only be redeemed against products purchased in the same currency as the Gift Voucher.
- Where Products purchased on Wake Up Bear Website with a Gift Voucher are returned, money will be refunded by a Gift Voucher.
- Wake Up Bear is not responsible if a Gift Voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
1. Competition run by Made On Moon Ltd., Portland House, belmont Business Park, DH1 1TW
2. The competition is open to residents of the United Kingdom aged 18 or over, excluding employees of Made On Moon Ltd. and anyone professionally connected.
3. Entrants must activate newsletter subscription on www.wakeupbear.com website. All entries received within the Term of the Newsletter Gift Card Give Away will be entered into the competition for the chance to win.
4. There will be one winner chosen randomly from the list of entrants every month.
5. The prize is for one gift card worth 50 GBP. Gift card will ve valid for 30 days.
6. No cash alternative to the prize is available.
7. We reserve the right to disqualify or reject any entry we believe to be in conflict with our promotion or not made in good faith or on other reasonable grounds or made under multiple accounts belonging to the same user.
8. Notification shall be sent to the winner first working day of the month.
9. Once the winner has been notified, he/she will need to provide full contact details including name, DOB and shipping address within 5 days in order to claim the prize.
10. We will announce first name and location (town/city name only) of the winner on our website and social media profiles. We might also share information what items were ordered by winner using our gift card.
11. All reasonable endeavours will be made to contact the winner. If the winner cannot be contacted or fails to provide an address for delivery or fails to meet the eligibility requirements as set out in these Terms and Conditions or otherwise fails to comply with these Terms, this may result in forfeiture of the prize and we reserves the right to withdraw prize entitlement.
12. When the winner lose prize entitlement, we choose randomly new winner.
13. Our decisions in all matters to do with the prize draw will be final and we reserves the right not to enter into correspondence in respect of this prize draw except with the prize winner.
14. Made On Moon Ltd. reserves the right at any time to modify or discontinue, temporarily or permanently, this prize draw with or without prior notice due to reasons outside their control or to amend or modify these Prize Draw Entry Rules at any time.
15. Made On Moon Ltd. reserves the right to amend any element of the prize for reasons beyond their reasonable control.
16. These Terms and Conditions will be interpreted in accordance with the laws of England.
17. Entrants agree to be bound by the above Prize Entry Rules.
18. By entering the competition, all entrants consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this competition and the winner consents to the transfer of their personal data to the Data Controller for the purposes of advertising, promotion and/or publicity in connection with the competition. Promoter and Data Controller: Made On Moon Ltd., Portland House, belmont Business Park, DH1 1TW