INTRODUCTION
(A) Welcome to the MutzNutz’s terms and conditions page. This page (together with the documents referred to on it) tells you the terms and conditions (Terms and Conditions) on which we supply any of the products (Products) listed on our website www.themutznutz.com (Website) to you. Please read these Terms and Conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.
(B) You should print a copy of these Terms and Conditions for future reference.
(C) During the payment process you will be asked whether or not you accept these Terms and Conditions. Please tick the appropriate box if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Website.
1. INFORMATION ABOUT US
1.1 www.themutznutz.com is a site operated by MutzNutz Limited (The MutzNutz). The MutzNutz are registered in England and Wales under company number 05682239 and our registered office is at 7 Granard Business Centre, Bunns Lane, London, NW7 2DQ. Our main trading address is 221 Westbourne Park Road, Notting Hill, W11 1EA. Our VAT number is: 877335682.
2. SERVICE AVAILABILITY
2.1 Our Website is only intended for use by people resident in the UK. We do not accept orders from individuals outside of the UK.
3. YOUR STATUS
3.1 Please note that our Website is only intended for use by individuals that can form legally binding contracts under applicable law.
3.2 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the UK; and
(d) You are accessing our Website from the UK.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Provided that you agree unconditionally to these Terms and Conditions you will be given the opportunity to accept them and place an order. After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Confirmation) which will also provide you with your unique order / reference number. Please note that the Order Confirmation does not mean that your order has been accepted but rather that you have made an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a delivery note (the Delivery Note) that will accompany the dispatched Product(s). The contract between us (the Contract) will only be formed when we send you the Delivery Note.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Delivery Note. We will not be obliged to supply any other Products which may have been part of your order.
5. CONSUMER CANCELLATION RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below).
5.2 To cancel a Contract, you must inform us in writing within the 7 days referred to above and return the Product(s) to us immediately, in the same condition in which you received them (along with original packaging), and at your own cost and risk. We therefore recommend that to return Products to us you use a recorded delivery postal service.
5.3 You will not have any right to cancel a Contract for the supply of any of the following:
(a) perishable Products such as food items unless they arrive damaged, faulty or are not the item ordered;
(b) any audio or video recordings which you have unsealed; or
(c) any goods made to your specification or personalised at your request.
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Delivery Note. This provision does not affect your statutory rights.
5.5 You may also cancel your order with us prior to a Contract being formed and the Products being dispatched. To do this please email info@themutznutz.com quoting your order / reference number. Please note that where you have ordered personalised Products or Products made to order, you will not be able to cancel the orders in respect thereof, if the manufacture or preparation of such Products has already commenced.
6. REJECTION OF ORDER BY THE MUTZNUTZ
6.1 The MutzNutz reserve the right to reject an order for any reason, including if:
(a) we have insufficient stock to deliver the Products you have ordered;
(b) we do not deliver to your area; or
(c) one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we are unable to accept your order, we will notify you by email as soon as possible and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. AVAILABILITY AND DELIVERY
7.1 The MutzNutz will make all reasonable efforts for your order to be fulfilled within five (5) working days of the date on which you placed your order but The MutzNutz does not accept liability for any failure to deliver within that time. In particular, please note that it may not be possible to fulfill orders for personalised Products or Products made to order within five (5) working days. At the latest, and unless your order has been rejected pursuant to paragraph 6 above,The MutzNutz will ensure that your order is fullfilled within thirty (30) days of the date on which you placed your order.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
9.2 These prices are quoted in pounds sterling and include UK VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
9.3 Prices are liable to change at any time, but changes will not affect orders which we have already dispatched.
9.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Should this situation arise The MutzNutz reserve the right to cancel the Contract in question.
9.6 Payment for all Products must be by credit or debit card. We accept payment by most major credit and debit cards. We will not charge your credit or debit card until we dispatch your order.
10. OUR RETURNS AND REFUNDS POLICY
10.1 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.2 Products returned by you because of a defect will at our discretion be replaced free of charge or refunded in full, including a refund of the specific delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Obviously this does not apply to Products which you have damaged or which have become damaged due to you using it contrary to any warnings or instructions for use or for a purpose for which it was not intended. When you return a Product to us, we will examine the returned Product and will notify you of your replacement or refund via e-mail within a reasonable period of time. We will process any refund as soon as possible, and in any case, within 30 days of our email to you confirming your entitlement to a refund.
10.3 Products returned by you within the seven (7) day cooling-off period (see paragraph 5.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost and risk of returning the item to us. If you fail to return the Products to us, we may charge you for the costs of retrieving them. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day you sent your notice of cancellation.
10.4 Where we by mistake send you any Products which you did not order, please let us know as soon as possible and return them to us (at our cost) or make them available to us for collection. We will obviously refund the price of the Product to you as well as any delivery costs specifically charged for such Products.
11. OUR PRIVACY POLICY
11.1 You acknowledge and agree to be bound by the terms of our Privacy Policy a copy of which you can view by clicking on the Privacy Policy tab on our Website.
12. OUR LIABILITY
12.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality.
12.2 Our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product.
12.3 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12.5 In addition, we accept no liability for any loss or damage caused or alleged to be caused by or in connection with reliance upon the information found on our Website. In particular, The MutzNutz are unable to guarantee the accuracy of material relating to a pet’s health and well being and recommend should you have a particular query relating to your pet that advice should be sought from a qualified vetinary professional. Further, we may provide links on our Website to the sites of other companies, whether affiliated with us or not. The MutzNutz make no respresentations whatsoever about other sites which you may access through our Website or which may link to our Website. When you access any other site you understand that it is independent from The MutzNutz and that we have no control over the content or availability of that site. A link to any other Website does not mean that The MutzNutz endorses or accepts any responsibility for the content, or the use of, such a site and The MutzNutz shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other site or resource.
12.6 Please note that whilst The MutzNutz tries to ensure that all descriptions and photographs of any Product(s) on the Website are as accurate as possible, slight variations may occur.
13. WRITTEN COMMUNICATIONS
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES
14.1 All written notices and/or communications from you to us must be given to The MutzNutz by post or hand delivered at 221 Westbourne Park Road, Notting Hill, London, W11 1EA, by email to info@themutznutz.com or by fax to 0208 960 4719. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. COPYRIGHT AND TRADEMARK
17.1 In consideration of agreeing to your use of the Website, you acknowlege that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in the Website belongs to The MutzNutz. Accordingly, any part of the same may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purpose of utilising this Website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
18. WAIVER
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
19. SEVERABILITY
19.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these Terms and Conditions from time to time. You will be asked to accept these Terms and Conditions each time you place an order on our Website. Therefore please ensure that you check these each time you order from us and take note of the last revision date.
21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. CONTACT
23.1 The MutzNutz aim to provide you with a quality service. If, however, you feel that you have cause to complain please email us at info@themutznutz.com and we will try to do our best to resolve any problems that arise.
