These terms and conditions are those which the sellers agree to when working with Mothers of Innovation. If you would like to refer to the terms in which the seller works with the customer these available on the 'shop' area of the site, adjacent to that sellers goods.

Description of the Service
1.The MOIXX Website http://www.moixx.com is owned by MOIXX and provides its MOIXX Sellers with access to a range of on-line resources, including a selling forum (the Online Marketplace).
2.MOIXX reserves the right to revise or alter the Service at any time. Any variation in Service will be subject to these terms and conditions.
3.In order to use the Service, MOIXX Sellers must establish and maintain access to the world wide web at their own cost, including a computer and modem or other access device. All MOIXX Seller computer equipment must have up-to-date protection against Viruses and all information supplied electronically to MOIXX must be submitted free from Viruses.
4.The MOIXX Website is a venue and marketplace which to allows MOIXX Sellers to offer their products and services direct Shoppers. Accordingly:
MOIXX acts as agent of MOIXX Sellers;
any contract to buy products from a MOIXX Seller is between the MOIXX Seller and Shopper  ;
MOIXX does not systematically review listings provided by users of the MOIXX Website;
Products offered for sale through the MOIXX Website are neither owned by nor in the possession of MOIXX at any time; and
MOIXX cannot and does not accept any responsibility for ensuring that MOIXX Sellers and Shoppers conclude any transaction or perform their respective obligations under any contract concluded between them to buy products.
The Service allows MOIXX Sellers to offer their products as part of an 'always on' detailed electronic on-line catalogue containing categories and sub-categories, which allows MOIXX Sellers to display their products in the most appropriate categories, and with product information, pictures and promotions uploaded by them.
MOIXX Sellers can amend and update information about their products on the On-line Marketplace and are responsible for designing, creating, managing and amending any bespoke graphics or product images, subject to MOIXX's general content regulations.
5 Charges
Joining Fee, Subscription Fee,Transaction Fee
MOIXX does not charge an initial joining, subscription or transaction fee, however it reserves the right to implement such fees at a later date, subject to  three months notice.
Commission Fee
A Commission Fee is payable by the MOIXX Seller on the value of sales (exclusive of VAT and shipping costs) made through the MOIXX Website by a MOIXX Seller. The Commission Fee is calculated as a percentage of the value of goods sold at a rate agreed in writing between MOIXX and the MOIXX Seller at the time of joining or then annually. The Commission Fee is subject to VAT, when applicable.
MOIXX will refund monies paid and received by them in respect of sold goods which are subsequently returned by the Shopper and authorised for refund  for good reason by the MOIXX Seller, less any deductions and retentions described in these terms and conditions,f

Standards for Basic Service Policy
MOIXX Sellers are responsible for ensuring that their businesses are compliant with all appropriate legislation. MOIXX recommends that MOIXX Sellers take appropriate legal advice to ensure that the standards of service set out are fully complied with.

1. Payment
Payment for goods and services by Shoppers through the MOIXX Website will be through one of a range of credit and debit cards using the on-line payment processing system.

2. Refunds
MOIXX Sellers must not issue refunds by cheque and must ONLY process a refund using the system and instructions as laid out in the MOIXX Sellers designated CMS.

3. Shopper relations
1.Order notification emails are sent to your Shopper will include sufficient contact information so that they may contact you by email.
2.You will display your terms and conditions (which will include terms to reflect the Standards of Service Policy) with particular reference to returns, on the appropriate areas of your MOIXX Seller's Personal Shop.
3.You will confirm your expected delivery times and post & packing costs to MOIXX or on the appropriate areas of your MOIXX Seller's Personal Shop.
4.If you produce personalised or specially-made items, you must clearly display the specific delivery times, order cancellation and returns policy for these.
5.You will respond to any enquiries or complaints in the first instance within one working day.
6.You will conform to all applicable legislation and regulations including without limitation those which relate to distance selling, data protection and e-commerce regulations in your own policy on customer service, dispatch, returns.
7. All correspondence sent to Shoppers must include reference to MOIXX. Material is available and will be supplied to you from time to time to assist you in the fulfilment of this obligation.
8.All correspondence sent to Shoppers must NOT include reference to your own website, email address or other promotion of services outside of MOIXX. Any such reference is in direct contravention of your contract with MOIXX.
9.You may NOT contact Shoppers by email or any other means for any other reason than to discuss the processing and progress of a specific MOIXX order.

4. Order processing information
Once you have confirmed acceptance of an order through the CMS:
1.You are obliged to fulfil the order.
2.You are obliged to confirm time and method of dispatch.
3.You are obliged to dispatch the order for receipt by the Shopper within three to five days unless the item is being specially made or ordered.
4.You must notify the Shopper promptly through the CMS at each of the following stages:

1.Receipt of order notification.
2.Dispatch of order with expected delivery date.
3.Any problems relating to the order.
4.Receipt of an item that has been returned to you.
5.Processing of an exchange or refund.
5.You must include with all orders the appropriate MOIXX co-branded dispatch letter, and such additional documentation as may be provided by MOIXX.
6.You must not include any other material with the package.

5. Return and refund of unwanted goods and faulty products
In respect of all sales to Shoppers you will:
1.Give Shoppers a cooling off period of 28 days from the receipt of goods, during  which time shoppers can cancel their order.
2.If personalised items are being specially made, or products are exempt in other ways, any limit or variation on your refunds and returns policy must be stated clearly before orders are placed and accepted.
3.Advise Shoppers that any requests for refund on dispatched goods must be made to MOIXX within 7 days of receipt of the returned goods.
4.Make sure that where goods are faulty and returned, post and packing costs must be refunded along with the cost of the goods.
5.Allow 28 days after receipt of goods for Shoppers to return products to you for refund or replacement.

 
6. Pricing
1.Prices must be fully inclusive of all taxes and additional charges. The only exception to this is post and packing, which will be shown separately. Remember, the MOIXX seller received the sale price less the MOIXX charges.
2.If you are VAT registered, the VAT rate should be set at 17.5% unless a special different rate applies, in which case you must notify MOIXX of the special rate prior to setting your pages live on the MOIXX Website.
3.If you are proposing to reduce prices or having a 'sale' you must inform MOIXX so that it can be linked to the appropriate sections.

7. Product availability
1.Stock availability should be displayed accurately for all products and should be updated regularly and in case of emergency using the 'suspending sales' postcard icon options on the CMS.
2.Where stock is due within four weeks, you must state the expected availability time.
3.Once the final piece of stock has been sold of any item and will no longer be available, you must mark that item as discontinued.
4.If a product is out of stock you must specify this on a product page so that orders cannot be taken for it.
5.Product listings that are awaiting stock for prolonged periods (of four weeks or more, unless for a specific special order) should be removed from the MOIXX website until they become available.

8. Promotion of your own website
1.You MAY NOT include a link to your website.
2.You may not include your email address anywhere on the MOIXX website.
3.You may not bid on moixx.com's name, or variations of MOIXX brand or brand name, on Google or any other search engines.
4.You may not send e mailers or catalogues or other promotional material to Shoppers, other than those which are branded as from MOIXX or to discuss an order placed on the MOIXX website.

9. Product listing
The following are necessary for the ease and reliability of the Shoppers' experience and service on the MOIXX Website:
1.You may associate your product with the correct number of appropriate tags in order to appear within a single 'product line' on the MOIXX Website. The product line tag you choose for your product MUST be the most appropriate.
2.Tags which are incorrectly associated with your products will be removed by MOIXX without further notice.
3.If your business or product is service-led, you may still appear in product pages or gift pages by offering gift vouchers or a relevant product.
4.A single item only may appear in each product listing.

5.Each listing must contain all the information required and such information must be accurate.
6.You must not change the name of a product after it has been made live on the MOIXX Website.

Details and Explanations
1. Definitions and interpretations
In these terms & conditions the following words shall have the following meanings:
'Shopper' means a person(s), firm or company who enters into or is invited to enter into any transaction to purchases products from the MOIXX Seller by means of the Service.
'CMS' means the Content Management System provided by MOIXX to each MOIXX Seller for management by the MOIXX Seller of its MOIXX Seller's Personal Shop and associated orders and transactions;
"Commission Fee" means the fee detailed as 'Commission Fee' in the Charges List, to be paid by a MOIXX Seller in respect of all sales of products made through the On-line Shop Space;
'Confidential Information' includes any privileged information about MOIXX, the process or any MOIXX seller that could be used by others for completive advantage or at at the potential expense of MOIXX or any MOIXX Seller.
"MOIXX Seller's Personal Shop" means an area of the On-line Marketplace dedicated for use by the MOIXX Seller to promote itself and its products.
"Documentation" means any user guide, information or other material provided by MOIXX to prospective or MOIXX Sellers, in hard copy or electronic form, relating to the Service.
"MOIXX Seller" means the person who applies to MOIXX for the provision to it of the Service and with which MOIXX enters into a Contract on the basis of the details the MOIXX Seller provides about itself and its Products to MOIXX. .
'Confidential' refers to matters that may offer privileged information relating to MOIXX business practices, our copyrights and those of the sellers on this site. Also, all contact details are subject to our privacy policy.
"MOIXX" means Mothers of Innovation Limited (a company incorporated and registered in England and Wales with company number 671299) whose registered office is at: Salisbury House, 54 Queens Road, Reading, Berkshire, RG1 4AZ
"Standards of Service Policy" means MOIXX's policy on the levels of service to be provided by MOIXX Sellers to Shoppers (including without prejudice to the generality of the same, in relation to postage and packing, customer relations, order processing information, return and refunds of unwanted and faulty products, pricing, stock availability).
"Virus" means any computer virus, macro virus, Trojan horse, worm or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to intercept or access without authority or expropriate any system, information or data.

2. Basis and duration of contract
It shall be within the discretion of MOIXX whether or not to conclude a contract with a prospective MOIXX Seller.
Without prejudice to either party's right to terminate the contract  in accordance with these terms & conditions,  a contract shall continue until either party gives notice to the other in writing to terminate of at least 30 days and the contract shall terminate on the expiry of such notice.
 MOIXX shall be entitled to update and amend from time to time these terms & conditions, the Charges and the Standards of Service Policy(a) either by sending amended versions of them to MOIXX Sellers by e-mail or by mail, or (b) by posting amended versions of them on the MOIXX Website.

3. Provision of the Service
Once a contract has been entered into between MOIXX and a MOIXX Seller, MOIXX will provide a password so that the MOIXX Seller may construct a MOIXX Seller's Personal Shop and update the MOIXX Seller's Personal Shop whenever they wish.
MOIXX will use reasonable endeavours to restore any faults in the Service as soon as reasonably practicable, it being accepted by the MOIXX Seller that: using the Internet for any business purpose is an inherently unstable means of communication, there is always a risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside MOIXX's control, and that it is technically impossible to provide the Service entirely free of fault at all times.

4. MOIXX Seller's obligations
4 a. Performance of MOIXX's obligations towards a MOIXX Seller whose application to receive Service has been accepted is conditional upon due performance of and/or compliance with, the following obligations and restrictions by the MOIXX Seller, which the MOIXX Seller hereby undertakes to perform or comply with:
- to complete the application form fully and truthfully,
- to establish and maintain access to the World Wide Web at their own cost, including a computer and modem or other access device to enable them to carry out associated tasks and to have up to date protection against Viruses.
- to ensure that all information supplied electronically to MOIXX and to the MOIXX Website is submitted free from Viruses;
- to ensure that all MOIXX Seller information is true, accurate, current and complete and to update the information contained within the CMS promptly with any changes to such information;
- to comply at all times with MOIXX's current policies;
- to ensure that any and all MOIXX Seller technical and administration systems relating to MOIXX, including the running of the MOIXX Seller's Personal Shop, the dispatch of goods and the response to all customer enquiries regarding products sold through MOIXX, be maintained effectively .
- to accurately provide and frequently check such details of their business banking account as are required or requested by MOIXX in order that payment may be processed to the MOIXX Seller in respect of product sold through the On-line Marketplace.
- to recognise that the intellectual property rights in the same [needs to be specified] are owned entirely by MOIXX, to use the MOIXX name, logo or branding .
- to permit MOIXX to access and use any content that appears on the MOIXX Seller's MOIXX Seller's Personal Shop or other promotional material in MOIXX's own editorial content or promotional activity relating to the MOIXX Seller, its business and products;
- to permit, comply with and cooperate with all activities undertaken by MOIXX to promote, sell or market the MOIXX Sellers products, whether directly from the MOIXX Website of through websites or off-line publications not owned or operated by MOIXX. Individual agreements will be arranged regarding the use of products for promotional purposes.
- to ensure that all intellectual property in the data, photographs and/or other materials are owned by the MOIXX Seller and or the MOIXX Seller has obtained the relevant transferable licenses to use the same to enable MOIXX to use these on the MOIXX Seller's Personal Shop and as otherwise agreed in these terms & conditions.
- to ensure that all items offered for sale by the MOIXX Seller are not replica or design copies of any other brand, designer or manufacturer, and that no brand name or trademark not owned by the MOIXX Seller is used in connection with a product, whether by implication or actual use,.
- to sell their products only through such similar or competitive on-line marketplaces as are specifically approved by MOIXX. For the avoidance of doubt, MOIXX Sellers may sell through their own websites and through the website known as Ebay.co.uk, and through the website known as Amazon.co.uk. MOIXX Sellers may not otherwise sell their products through any other markeplace-type website unless expressly approved by MOIXX.
4.b Without prejudice to the MOIXX Seller's obligation to comply with any information policy to which MOIXX may subsequently give effect, the MOIXX Seller agrees and undertakes with MOIXX that none of its MOIXX Seller information nor any of the MOIXX Seller's activities or use of the MOIXX Website (including in particular its use of its MOIXX Seller's Personal Shop), will:
- be false, inaccurate or misleading, offensive, indecent, obscene, pornographic, menacing, abusive, defamatory or in poor taste;
- be in breach of copyright, confidence, privacy or any other rights and, in particular, will not infringe any third party's intellectual property rights, trade secrets or other proprietary rights or rights of publicity or privacy;
- be fraudulent or involve the sale of counterfeit or stolen items or in breach of any applicable laws or regulations
- create, or be likely to create, liability for MOIXX or cause MOIXX to lose (in whole or in part) the services of its internet service or other suppliers;
4.c The MOIXX Seller hereby acknowledges that MOIXX:
- may terminate a contract with a MOIXX Seller should that MOIXX Seller's eligibility to receive the Service and be listed on the On-line Marketplace change;
-  has absolute discretion as to the look, feel and content of the MOIXX Website (including without limitation all MOIXX Seller's Personal Shop) 
- has no responsibility for the formation and performance of any contract concluded between the MOIXX Seller and a Shopper from it and that the terms and conditions relating to any such contract shall be entirely a matter between the MOIXX Seller and a Shopper, except in relation to the obligations of MOIXX  relating to charges and payment terms;
- has no responsibility for the provision, support and maintenance of any of the MOIXX Seller's hardware or software used to provide the MOIXX Seller with access to the internet or the MOIXX Website or any related hardware or software (including without limitation any IP router, proxy server, firewall or anti-virus software), the responsibility for which shall remain exclusively with the MOIXX Seller.
4.d The MOIXX Seller acknowledges that it is its responsibility to check the MOIXX Website on a regular basis to make and keep itself aware and notified of any changes made by MOIXX to these terms & conditions, the Charges and the policies.
4.e If the MOIXX Seller wishes to promote the same product and/or service on the MOIXX Website as another MOIXX Seller, it shall be solely the responsibility of the MOIXX Sellers to resolve between themselves any conflict arising in this respect. MOIXX shall have no responsibility or liability for any such scenario or any issues arising from any such scenario.

5. Security
The MOIXX Seller is responsible for the security and proper use of all passwords, or other security devices used in connection with the provision of the Service to it and access to the MOIXX Seller's Personal Shop (which responsibility shall include the obligation to change passwords on a regular basis) and shall take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised third parties and shall inform MOIXX immediately if there is any reason to believe that a password or any other security device has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way;
MOIXX reserves the right  to suspend access to the Service if at any time MOIXX considers that there is or is likely to be a breach of security, in which event MOIXX will notify the MOIXX Seller of the suspension and any steps to be taken by it as soon as reasonably practicable;
MOIXX may require the MOIXX Seller to change any or all of the passwords used by the MOIXX Seller in connection with the provision of the Service and access to the MOIXX Seller's Personal Shop, in which event MOIXX will notify the MOIXX Seller of the requirement to change passwords and any steps to be taken by it as soon as reasonably practicable.

6. Charges and payment terms
6.a Payment for goods and/or services on the MOIXX Website shall be made directly by a Shopper to MOIXX, once the MOIXX Seller has confirmed acceptance of the order using the MOIXX Seller CMS and the relevant transaction shall be recorded on the MOIXX Seller's designated CMS. The MOIXX Seller must daily check the CMS for alerts of new orders.
6.b MOIXX shall notify the MOIXX Seller by email of orders awaiting acceptance by the MOIXX Seller, but MOIXX does not warrant the reliability of email communications. Following receipt of such notification the MOIXX Seller shall confirm each and every order with the Shopper, using the MOIXX Seller's Designated CMS, and provide an estimated dispatch date.
6.c Upon dispatch of each order, the MOIXX Seller shall further confirm with the Shopper, through their designated CMS, the expected delivery date,
6.d MOIXX shall pay the MOIXX Seller for the relevant transaction less the Commission Fee  and less the applicable VAT fortnightly on all orders confirmed through the CMS as dispatched by the MOIXX Seller. The MOIXX Seller shall provide to MOIXX all banking details by entering them into the correct area of the CMS and provide any other information as may be required by MOIXX in order to make such payment. The MOIXX Seller shall ensure that such bank details are kept up to date and shall immediately notify MOIXX of any changes. The MOIXX Seller shall be responsible for paying any banking charges or other administrative expenses incurred by MOIXX as a result of any inaccuracies in the bank details notified to MOIXX.
6.e. Unless specified otherwise, all Charges detailed in the Charges List are shown exclusive of any value added tax or other similar taxes or levies all of which amounts the MOIXX Seller shall pay, where appropriate, at the rate prevailing at the relevant tax point in addition to the Charges themselves. Unless specified otherwise, all Charges are subject to value added tax.
6.f If any sum due from the MOIXX Seller to MOIXX under the contract is not paid on or before the due date for payment then all sums then owing by the MOIXX Seller to MOIXX shall become due and payable immediately and, without prejudice to any other right or remedy available to MOIXX, MOIXX shall be entitled to:
-  cancel or suspend its performance of the Contract or any order including suspending provision of the Service until arrangements as to payment or credit have been established which are satisfactory to MOIXX;
- charge the MOIXX Seller the cost of obtaining judgement or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure.

7. Returns and refunds
Any requests for refunds for any goods and/or services shall be dealt with directly between the MOIXX Seller and the Shopper. Following receipt of a request for a refund by a Shopper, the MOIXX Seller shall, subject to the MOIXX Seller's reasonable agreement to the request, initiate the refund.
 Subject to the provisions of MOIXX policy relating to returns and refunds, as displayed on the MOIXX Website from time to time, MOIXX shall approve such refund.
MOIXX reserves the right to charge the MOIXX Seller an administration fee of 5% of any amount refunded to the Shopper. Relevant commission fees will be returned to the MOIXX Seller.

8. Intellectual property rights
All Intellectual Property Rights in the Service and Documentation are and will remain the absolute property of MOIXX or its licensor's as appropriate.  Any Intellectual Property Rights created by MOIXX in the course of the performance of the Contract or otherwise in the provision of the Service shall remain MOIXX's property.

9. Confidentiality
 The obligations of confidentiality under the contract shall not extend to any matter which either party can show:
- is in, or has become part of, the public domain other than through a breach of the contract;
-was lawfully in the possession of the recipient before the disclosure under the contract took place;
-was independently disclosed to it by a third party entitled to disclose the same;
-is required to be disclosed under any applicable law, or by order of a court or governmental body or authority of competent jurisdiction.
-the obligations of confidentiality under the Contract shall remain in effect for two (2) years after the termination or expiry of the Contract.

10. Exclusion and limitation of liability
Nothing in these terms & conditions or under the contract excludes or limits the liability of MOIXX for death or personal injury caused by MOIXX's negligence, or for fraudulent misrepresentation.
 MOIXX's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the provision of the Service and performance or contemplated performance of the contract shall be limited to  the value of the contract to a maximum of £1,000
MOIXX shall not be liable to the MOIXX Seller for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the contract, or for any liability incurred by the MOIXX Seller to a Shopper or to any other person for any economic loss, claim for damages or awards howsoever arising from the provision of the Service or otherwise
.
11. MOIXX Seller intellectual property rights warranty and indemnity
MOIXX is the legal beneficial owner of all the intellectual property rights in the materials which include the data, information, photographs, logos and images it has provided or uploaded to MOIXX and to the best of its knowledge, information and belief the use of its intellectual property rights by MOIXX pursuant to these terms & conditions will not infringe intellectual property rights owned by any third party and that there is and will be no claim against MOIXX by any third party arising in relation to its intellectual property rights.
The MOIXX Seller acknowledges that MOIXX is likely to use the content that appears on the MOIXX Seller's MOIXX Seller's Personal Shop for publication in MOIXX material and in publications not owned or affiliated with MOIXX and in recognition of the significance of this the MOIXX Seller shall indemnify and hold MOIXX harmless against any damages (including costs) arising out of or relating to any Intellectual property rights belonging to the MOIXX Seller in respect of any claim or action that the normal operation possession or use of those intellectual property rights ('Intellectual Property Infringement') by MOIXX.
The MOIXX Seller shall have no liability to MOIXX in respect of an Intellectual Property Infringement if the same results from any unauthorised and intentional alteration modification or adjustment to the intellectual property rights without the prior written consent of the MOIXX Seller.
 In the event of an Intellectual Property Infringement the MOIXX Seller shall forthwith make without charge to MOIXX such alterations modifications or adjustments to the intellectual property rights as shall be necessary to make them non-infringing.
 This clause shall survive termination or expiration of these terms & conditions.

12. Events beyond our control
 MOIXX reserves the right to suspend or to cancel the contract in whole or in part (without liability to MOIXX) if it is prevented from or delayed in the carrying on of its business and its obligations under the contract due to circumstances beyond its reasonable control including, without limitation, acts of god, fire, flood, lightning, war, revolution, acts of terrorism, industrial disputes (whether of its own employees or others) or acts of local or central government (including the imposition of legal or regulatory restrictions).

13. Breach of contract of insolvency
 MOIXX may immediately suspend further provision of the Service or cancel any outstanding provision of the contract or by notice in writing to the MOIXX Seller terminate the contract without liability to MOIXX if the MOIXX Seller:
-commits a material breach of the contract (including without limitation a material breach of any of the Policies), which is capable of remedy, and fails to remedy the breach within fourteen (14) days of a written notice to do so;
-commits a material breach of the contract which is incapable of remedy;
-  is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or goes into  liquidation .

14. General
 The waiver by either party of any breach of the contract or delay in enforcing any breach shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
 If at any time any one or more of these terms & conditions is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the contract and the validity and/or enforceability of the remaining provisions of the contract shall not in any way be affected or impaired as a result of that omission.
 Notices given under the contract must be in writing and may be delivered by hand or by courier, or sent by prepaid first class or registered mail to, in the case of MOIXX, to its registered address or any alternative address MOIXX notifies to the MOIXX Seller in accordance with this provision and, in the case of the MOIXX Seller, to the address which it provides in the Application Form or any alternative address the MOIXX Seller notifies to MOIXX in accordance with this provision.
Notices may be sent by email provided that, to be effective, the addressee acknowledges receipt of such communication, such acknowledgement to take the form of a return receipt.

15. Law and jurisdiction
The contract shall be governed by English law.  The contract shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit.