TERMS & CONDITIONS
SALES & TERMS OF BUSINESS
Welcome to Moemario’s Official website and store! The services and products provided are subject to the following terms and conditions. By browsing Moemario’s stalls (within this webpage, on Etsy, or other official pages), affiliated websites, or purchasing from Moemario (AKA. Joe Martin), you agree to be bound by these terms and conditions. Please read them carefully.
All content on the Official Moemario webpage, Official Moemario Store, Moemario Etsy Profile and Listings (including the “Moemario” name), and all items sold by Moemario, are Copyright ©. No part of Moemario’s official website, official store, Etsy Profile (including listings), items sold, or associated webpages with Moemario / Joe Martin (e.g. official Moemario facebook, Instagram, & twitter pages) may be reproduced or transmitted in any form or by any means, electronic, mechanical, or otherwise, without the prior written permission of Joe Martin (Moemario).
It is your responsibility to check that all of your personal details entered at checkout are correct. Moemario reserves the right to refuse service, remove or edit content, or cancel orders at their sole discretion.
Moemario always tries to dispatch orders as soon as possible. For UK delivery, always allow 10 working days to receive your parcel, and please note that you may be asked to sign for your parcel upon delivery. Please note that if the item is NOT an original artwork, items may sometimes be produced per-order; for this reason, please allow at least 14 days for delivery. If the delivery is to be sent outside of the UK, your item may take longer to arrive.
Moemario is committed to quality products and your satisfaction is 100% guaranteed. If for any reason you are not completely satisfied with your purchase, you may contact Moemario and return it (at personal cost) within 14 days of receipt. If the item was damaged in the post and can be repaired (e.g. by reprinting an art print), it will be and returned to you at no extra cost; if it cannot be repaired, you will be refunded for the price of the item. If the item is a Print or Photography, a free replacement can be arranged. For obvious reasons, an original creation (e.g. sculpture, original analog artwork, etc) which is damaged beyond repair cannot be replaced; in this case, the cost of the item will be refunded. Refunds cannot be sent until the item in question has been received by Moemario; consequently, Moemario strongly encourages you to return your item via a trackable / recorded method, to ensure its arrival.
Moemario attempts to describe all products offered as accurately as possible. However, they do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by Moemario and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement or refund.
Moemario is not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
The offers by Moemario, your orders, and the agreements between Moemario for the delivery of their services and products are subject to the laws of the United Kingdom.
Moemario reserves the right to make changes to their site, policies, and these Terms of Business at any time and in their sole discretion; therefore, you should review these policies, terms, and conditions each time you visit the website. Your continued use of Moemario’s website or stall after any such changes are made constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
PLEASE NOTE: These terms only relate the Moemario website, Moemario Official Store, Moemario’s products, and associated Moemario webpages. With regards to Moemario’s Easy store, the Etsy website also has their own seperate Terms Of Service which you should also abide to. You can find Etsy’s Terms Of Service at: https://www.etsy.com/legal/terms-of-use
Please message Moemario via the CONTACT page or via Etsy’s personal messaging service for any enquiries regarding the store, and outline the message content clearly in the “Subject” section of your email (e.g. “Damaged Print Received”). Moemario (or a member of their staff) will contact you to resolve the problem / enquiry as soon as possible.
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on this Website (and affiliated webpages) are protected by copyright and international laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify, or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s).
Framing of the Website is permitted only with Moemario’s (aka. Joe Martin) express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at Moemario's sole discretion. Moemario reserves the right to withhold consent for any reason, and any failure to monitor or control each instance of framing shall not be considered a waiver of any of Moemario's rights. Any framing by a third party shall not imply the endorsement or sponsorship of .
You expressly agree that use of the Website and related services is at your sole risk. The Website, Materials, and related services are provided on an "as is" and "as available" basis. Moemario makes no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
By using the Website, Materials or related services, you agree that Moemario will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website, Materials or related services whether due to inaccuracy, error, omission, or any other cause.
PURCHASING CONTENT, PRODUCTS OR SERVICES ON THIS OR AFFILIATED WEBSITES
If you wish to purchase any content, products or services offered on this Website you will be asked to supply certain information. You will be asked to provide your name and email address and depending on the method of payment you will be asked to provide details of either your credit card or your mobile phone. Access to certain content or products may be age restricted. Where any such restriction applies you will be asked to confirm that you are old enough to purchase the items or purchase and view the content as appropriate.
We may monitor any message board and/or webchat area which exists on this Website, though we are not under any obligation to do so. We advise you to use care and discretion when disclosing personal information on any message board or on any chat area on this Website as other users may collect and use this information and this may result in users receiving unsolicited messages from other people. Please refer to the Safe Surfing Guide on this Website for some guidance.
Users must not upload, post, publish or transmit any unlawful, fraudulent, libellous, defamatory, obscene, threatening abuse, or otherwise objectionable information of any kind, in any area of the Website including on message boards and in webchat areas. Anything Moemario considers as constituting objectionable information, any information which constitutes or encourages the breach of any intellectual property right, including copyright, whether such right is owned by Moemario or any third party.
Any user of this Website should contact us immediately by email if he or she feels that any message posted on any message board or the content of any webchat is objectionable in any way. We will then endeavour to remove the objectionable messages if we consider it to be necessary.
USE BY CHILDREN
If you are under the age of 16 you should obtain the consent of your parents or legal guardians for submitting any personal information to this Website.
Children under the age of 13 should not submit any personal information without the written consent of their parents or legal guardian. If you are a child under 13 and want to submit personal information to us please ask your parent or legal guardian to send us an email at firstname.lastname@example.org specifying that they consent to us collecting your personal information through this Website. You and your parents or legal guardians should also read the Safe Surfing Guide on the Website. Parents or legal guardians may review or change the personal information of their children or refuse further collection of any such information by sending an email to us at email@example.com.
We are always looking to improve our user experience on the website and to find out more about our users' tastes in music and the arts. We conduct research with Moemario by sending out questionnaires from time to time by email. If you receive one you do not need to complete it if you do not want to. If at any time you wish to stop receiving research questionnaires you can reply to the email address at the bottom of the email you receive. Alternatively email us at firstname.lastname@example.org and tell us you do not want to receive any more questionnaires.
If we provide you with the opportunity to email a webpage to another person, we will need to collect your email address and the email address of those to whom you send the page. We will use the email addresses collected this way for no other purpose expect to send the webpage, and the addresses will be deleted once the page has been sent, unless you have opted in to receive information and promotions from us as set out above using the same email address, in which case we will retain your email address for this purpose unless and until you notify us that you wish to stop receiving information.
If we make a sale to you on this or affiliated websites, we may use your financial information (including credit card transactions) to check your qualifications and Bill you for, and otherwise facilitate your purchase of products and services. When you make a purchase on the Site, we will provide your financial information (including credit card transactions) to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include the credit card companies and banking institutions (such as PayPal and Etsy) used to process the transaction. Also, depending on the circumstances of our arrangements, we may share your financial information (including credit card transactions) with applicable Event Partners, primarily but not exclusively for facilitating "will call" ticket pick up and dispute resolution and customer service at the event venue on the date of the event. When you purchase products or services of third parties (such as magazine subscriptions) offered on eh Site, we will provide your financial information (including credit card transactions) to those third parties. Any of these various third parties are authorised to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
HOW WE USE AND WHEN WE SHARE BROAD DEMOGRAPHIC INFORMATION
We may use, and may transfer to others to use, broad demographic information that may include data from your activity at the Site, but not personal information. For example, we use broad demographic information to tailor the site to the interests of our visitors, and we may share it with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. We reserve the right to use such broad demographic information, and to allow others to make use of it, without limitation or restriction, and without further notice to you, in our sole and absolute discretion and is the sole and absolute discretion of those with whom we share such information.
When we include links to other internet sites, on this site, affiliated sites, in our newsletters, and other communications, we do so solely as a convenience to our visitors. Operators of such linked sites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no control. Your access and use of linked sites is solely at your own risk.
Whenever we obtain your personal information we take reasonable precautions to protect it from unauthorised access or disclosure, but we cannot act as insurers of the security of your personal information transmitted over the internet. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access, or other acts of third parties, or acts or missions beyond our reasonable control.
If you voluntarily disclose information online in a public accessible area (such as - but not restricted to - social media pages, store reviews, message boards or chat rooms, etc), that information may be collected an used by others. We do not control the actions of our visitors. If you disclose personal information in any public accessible place on the internet you do so at your own risk, and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember the protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any passwords you use, and you should always be careful and responsible whenever disclosing information online.