Colour Club Terms and Conditions
General
1.These terms and conditions are applicable across the entire Colour Club scheme and any participation whether by registration or use of a Colour Club Card is considered as acceptance of the terms
2.Where these terms differ from statements made on other Colour Club materials these terms will take precedence
3.Within these terms any reference to 'us' or 'we' or 'Moshulu' means Coastguard Road Ltd of Devonshire Road, Heathpark, Honiton, EX14 1SD who are the promoters of the scheme
4.For the purpose of the scheme communications from members to Moshulu can be made in writing at the above address, via www.moshulu.co.uk or by telephone 01404 540789
5.Moshulu reserves the right to change these terms and conditions from time to time by giving members not less than 28 days notice.
6.The Company will be entitled to assign sub-contract or sublet the contract or any part thereof. Failure by the Company to enforce any of the contract provisions will not be construed as a waiver of any of its rights hereunder. The legal construction of these clauses shall not be affected by their headings which are for convenience of reference only. Each and every Clause and Sub-Clause is divisible and severable from each and ever other such Clause and Sub-Clause and if any such Clause or Sub-Clause is found by any court to be unreasonable and therefore void the Contract provisions shall be read as if the same were omitted therefrom. Where appropriate herein words importing the masculine shall include the feminine and the neuter, the singular shall include the plural and vice versa in each and every case as aforesaid.
Membership
7.Membership of the Colour Club is only available to UK residents aged 18 or over.
8.Membership of the Colour Club is not available to employees of Coastguard Road Ltd.
9.Members are only entitled to one Colour Club membership each. Moshulu reserves the right to refuse, merge or close additional memberships at any time.
10. Membership is only available on registration for the scheme. Possession of a Colour Club Card does not confer membership of the Colour Club Scheme.
11. Members must keep Moshulu informed of any change to their registration details. Moshulu is not responsible for loss of points, vouchers or other benefits resulting from failure to inform Moshulu of changes to registration details.
12. Membership, points or other benefits cannot be transferred to other members, sold or traded in any way.
13. The Colour Club Scheme is only for personal and consumer use. The Colour Club Scheme cannot be used for any commercial or trade purpose.
14. Members can choose to leave the scheme at any time by giving written notice to Moshulu. By leaving the scheme members forfeit the right to any points or vouchers already accrued or issued.
15. It is a condition of membership that members can be contacted by email or post with promotional information about Moshulu products. Action to unsubscribe from the promotional communications may be taken by Moshulu as notice to leave the scheme.
16. Moshulu may decline to issue, withdraw or cancel Colour Club memberships, Colour Club Cards, Discount Vouchers and Colour Club Points, in whatever form, and / or remove a member from the scheme at any time where there is reasonable belief of:
- any abuse or attempted abuse of the scheme;
- any breach or attempted breach of these terms and conditions and / or those relating to the optional elements of the scheme;
- any behaviour relating to Colour Club or Moshulu that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.
17. These terms and conditions replace all previous versions, are correct as of April 2011 and shall be governed by and construed in accordance with the laws of England, and any disputes will be decided only by the English courts. Moshulu reserves the right to change these, at any time, on reasonable notice for legal, regulatory, business or policy reasons. Members who continue to participate in the scheme following such a change will be considered to have accepted the updated terms and conditions.
18. A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Colour Club Points
19. Points may be earned for making qualifying purchases in participating Moshulu outlets or via www.moshulu.co.uk. Moshulu reserves the right to reduce or vary the range of qualifying purchases at its discretion.
20. For online qualifying purchases point are only awarded to the Colour Club member whose email address is used to make the purchase.
21. For in-store qualifying purchases point will only be awarded for where a Colour Club Card is presented at the point of purchase.
22. Unless otherwise stated points will be earned at the prevailing standard rate at the time of purchase.
23. Moshulu reserve the right to change the standard rate by giving members not less than 28 days notice
24. Where points are credited to qualifying purchases at a rate higher than standard the higher rate, Moshulu reserve the right to withdraw the higher rate without notice.
25. Where a qualifying purchase is made in conjunction with another discount or offer including Colour Club Discount Vouchers the points available will be reduced to reflect the discount given.
26. Points may also be earned for engaging in qualifying activities. Moshulu reserve the right to reduce or vary the range of qualifying activities and the rate of points accrual for such activities at any time.
27. Moshulu may set a limit on the number of times Colour Club Points may be awarded for promotional items on which additional points are available. Individual promotions may have different limits as communicated in their purchase conditions. Any participation in promotional offers above and beyond what could objectively be considered consumer behaviour or personal use may be considered as abuse of the scheme.
28. Colour Club points have no cash value and can only be converted to Colour Club Discount Vouchers as set out below.
29. Moshulu is entitled to remove Colour Club Points at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products with an equivalent points value.
30. Colour Club Points awarded at the time of the transaction or vouchers already issued may be removed or cancelled if Moshulu determines that the points were collected in breach of these terms and conditions or were awarded in error. For the avoidance of doubt, any advice or actions of our staff that is contrary to these terms and conditions will not have the effect of changing these terms and conditions.
31. Moshulu is under no obligation to award Colour Club points for any reason outside of qualifying transactions.
Colour Club Card
32. Colour Club Cards in whatever form, are issued by and remain the property of Moshulu which may, at any time, terminate the scheme or alter or amend the conditions of operation of the scheme.
33. The Colour Club card, in whatever form, is not transferable, cannot be copied and can only be used by the member who is named and registered for the card.
34. Moshulu must be notified in the event of lost, stolen or damaged Colour Club Cards and is not responsible for any loss of points or benefits resulting from failure to notify of such loss.
35. Possession of a Colour Club Card does not confer membership of the Colour Club
Colour Club Discount Vouchers
36. Colour Club Points will be converted to Colour Club Discount Vouchers at specified times of the year. Moshulu reserves the right to change the dates of these conversion by giving 28 days notice to members
37. Colour Club Points above a specified minimum threshold will be converted at the prevailing rate on the conversion date and will be converted in multiples of the minimum conversion number with the balance carried over to the next conversion date. Moshulu reserves the right to alter the minimum threshold by giving 28 days notice to members.
38. Points earned within one calendar month of the conversion date will not be eligible for conversion and will be carried over to be converted at the next conversion date subject
39. Colour Club Discount Vouchers will be issued with a time limit for their use. Expired vouchers will not be accepted
40. Colour Club Discount Vouchers confer entitlement to a discount against a qualifying purchase in a participating Moshulu outlet or via www.moshulu.co.uk . Colour Club discount vouchers carry no monetary or cash-in value.
41. Colour Club Discount vouchers remain the responsibility of the Colour Club member, as do any security details relating to the membership. Moshulu cannot be held responsible for any loss arising from the member failing to ensure the safe-keeping of these items