Terms and Conditions – Mood Bears
Effective Date: 06.01.25

1. Introduction

Welcome to Mood Bears. Mood Bears is a TOMY group company. These Terms and Conditions ("Terms") govern your use of our website, services, and products. By accessing or using our website, you agree to comply with and be bound by these Terms. References to ‘TOMY’ in these Terms refer to TOMY Company Limited and its group companies, including Mood Bears.

2. Use of the Website

Eligibility:

• You must be at least 18 years old or have the consent of a parent or guardian to use this website.

Account:

• To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.

Prohibited Conduct:

• You agree not to use the website for any unlawful purpose or in any way that could damage, disable, or impair the website.
• You must not attempt to gain unauthorized access to any part of the website or its systems.

3. Orders and Payment

Order Acceptance:

• All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason.

Pricing:

• All prices are listed in GBP and are subject to change without notice. Prices do not include applicable taxes, shipping, and handling charges, which will be added at checkout.

Payment:

• We accept various payment methods. By providing payment information, you represent and warrant that you are authorized to use the chosen payment method.

Shipping:

• We will make reasonable efforts to ship products promptly. Delivery times are estimates and not guaranteed.

Use:

• Products available to purchase via the website are supplied for your personal use as a consumer and will not be supplied for the purposes of resale. TOMY reserves the right to refuse orders, including those we consider are for commercial or non-domestic purposes. TOMY will not supply or deliver products to shipping agents or agents who sell our products to third parties.

Limitations:

• TOMY reserves the right to impose restrictions on the number of single product lines that may be ordered or fulfilled. Orders are subject to availability and at the discretion of TOMY. Quantities of products supplied per order and/or per customer, including those goods on price promotion, may be limited if the order impacts availability for other customers or, in TOMY’s reasonable opinion, takes unfair advantage of our offers or creates a potential health and safety issue during delivery.

4. Returns and Refunds

Return Policy:

• You may return most new, unopened items within 14 days of delivery for a full refund. Items must be returned in their original packaging and condition.

Refunds:

• Refunds will be processed within a reasonable time after we receive the returned items. The refund will be credited to the original payment method.

Shipping Costs:

• Unless the return is due to our error, you are responsible for return shipping costs.

5. Intellectual Property

Website

• Ownership: All content on the website, including text, graphics, logos, images, and software, is the property of TOMY or its licensors and is protected by intellectual property laws.
• License: You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes.
• Restrictions: You must not reproduce, distribute, modify, or create derivative works from any part of the website without our prior written consent.

Products

• Ownership: All products sold via the website are owned by or licensed to TOMY and are protected by intellectual property laws.
• Restrictions: You must not reproduce, distribute, modify, or create derivative works from any product purchased via this website without TOMY’s prior written consent.

Counterfeit Products and Scam Websites:

• TOMY is aware that, from time to time, websites purporting to be licensed or otherwise authorized by TOMY make available for resale products purporting to be TOMY products, including counterfeit versions of TOMY products. TOMY is not responsible for these scam websites and accepts no liability whatsoever in relation to them. If you encounter such a website, you may wish to report it by taking one of the following actions:
• Contact us immediately at hello@moodbears.com

6. TOMY Guarantee

Unless otherwise stated on the product description on the website, all TOMY products are covered by a one-year guarantee against manufacturing defects, subject to provision of verified proof of purchase. Please contact our Webcare Team for further advice.

7. Limitation of Liability

Disclaimer:
The website and products are provided "as is" and "as available" without warranties of any kind (excepting the TOMY guarantee at Section 6), either express or implied. TOMY makes no other representation or warranty of any kind in relation to the products, except as expressly stated in the product description on the website.

Liability:
Nothing in these Terms excludes or limits TOMY’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

Subject to this, TOMY’s aggregate liability for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

This section does not affect your statutory rights as a consumer or your contract cancellation rights.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, specifically England and Wales. You agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom for the resolution of any disputes.

9. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the website after any changes indicates your acceptance of the new Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at:

Mood Bears
TOMY
Hembury House
Pynes Hill
Rydon Lane
Exeter
EX2 5AZ
United Kingdom

Email: moodbears@tomy.com