STUBBS MUGS RETAIL TERMS & CONDITIONS

Published on Website – May 2018

These are the Terms & Conditions for www.stubbsmugs.co.uk and all other websites operated by Stubbs Mugs Ltd (‘our websites’).

Our websites are operated by Stubbs Mugs Limited (‘we’, ‘us’ or ‘our’). This page together with the documents expressly referred to within it state the legal terms and conditions (‘Terms’) under which you may use our websites and under which we sell any of the products listed on our websites (‘Products’) to you. By using our websites you agree to be bound by the Terms that apply to your use of our websites. If you do not agree to these Terms please refrain from using our websites.

These Terms will apply to any contract for the sale of Products by us to you (‘Contract’). Please read through these Terms carefully before placing your order and retain a copy for future reference. Please note that before placing an order you will be asked to agree to these Terms.

Before you place an order, if you have any questions relating to these Terms please contact us by e-mailing: [email protected], or call us on 01263 823333 between 9.00am and 5.00pm UK time (Monday to Friday, excluding public holidays).

We may revise these Terms at any time by updating this page. You should visit this page periodically to review the Terms because they are binding on you. Continued use of our websites constitutes your agreement to all such revised terms. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

INFORMATION ABOUT US

Stubbs Mugs Limited is a limited company registered under company number 6246864, and has its registered office and main trading address at Unit 10, Weybourne Road Industrial Estate, Weybourne Road, Sheringham, Norfolk, NR26 8AF. Our VAT number is 785 9612 73.

You can contact us by e-mailing: [email protected], or call us on 01263 823333 between 9.00am and 5.00pm UK time (Monday to Friday, excluding public holidays.)  Our customer services operators speak only English. Please note that all calls made from UK landlines will be charged at your standard landline rate. Mobile phone and international call charges will vary.

In the event a complaint has not been resolved by the procedures below, please follow our complaints policy which is to refer the matter to the Managing Director at the registered address above.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

You will be guided through the process of placing an order by a series of simple instructions on our websites. Please take the time to read and check your order at each stage of the order process. You will have the opportunity to review your order and to correct any errors before placing your order. You will find further instructions on our websites.

You complete and place your order by clicking on the button marked Pay Now. After you place an order, you will receive an e-mail from us acknowledging that we have received your order and setting out the details of your order. However, please note that this does not mean that your order has been accepted. Your order is an offer to purchase the Products and no contract exists between you and us for the sale of any Products at this point.

We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (‘Dispatch Confirmation’). The Contract between us will only be formed when we send to you the Dispatch Confirmation. The Contract will be exclusively in the English language. We will not file a copy of the Contract.

In using our websites and by placing an order you warrant that you are legally capable of entering into a binding contract with us. You may only purchase Products from our websites if you are at least 18 years old.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our websites, or because of our inability to obtain authorisation for your payment, we will inform you of this by e-mail without undue delay and we will not process your order. If you have already paid for the Products, we will refund you the full amount without undue delay.

DESCRIPTION AND PRICE OF PRODUCTS

We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on our websites are correct at the time when the relevant information was entered onto our system. Although we aim to keep our websites as up to date as possible, the information, including the descriptions of Products, appearing on our websites at a particular time may not always reflect the position at the time you place your order.

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer, tablet or mobile phone (your ‘Device’) will display those colours accurately to reflect the colour of the Products. Your Products may vary slightly from those images.

Our websites contain a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our websites may be incorrectly priced. We cannot confirm the price of a Product until your order is accepted by us. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. Prices for our Products may change from time to time, but changes will not affect any order that we have confirmed with a Dispatch Confirmation.

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

The price of a Product does not include delivery charges, which are payable by you in addition.

PAYMENT

We use the services of a payment provider for all on-line purchases and when you place an order on our websites you will be re-directed to Nochex or PayPal’s websites (depending on your chosen method of payment) in order to process your payment and enter your card details. At no time do we have access to your card details. All correspondence in respect of payment issues should be directed to the respective payment provider.

Offers and promotional discounts are only available subject to their specific terms and conditions which will be shown on our websites.

YOUR RIGHT TO CANCEL

If you are a consumer (that is, you enter into the Contract for a purpose outside your trade, business or profession), you have a legal right to cancel the Contract, without giving any reason, during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

However, this cancellation right does not apply in the case of Products which have been personalised to your specification.

Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 days (or 30 days for damaged items), in which you may cancel, starting from the day you receive the Products.

To cancel a Contract, you must inform us by giving a clear statement of your decision to cancel. You can inform us in writing by sending an e-mail to: [email protected] or by sending a letter to us at: Stubbs Mugs Ltd, Unit 10, Weybourne Road Industrial Estate, Weybourne Road, Sheringham, Norfolk, NR26 8AF. You may wish to keep a copy of your cancellation notification for your own records. You can also inform us by calling the retail customer services team on 01263 823333. If you send us your cancellation notice by e-mail or by letter, then your cancellation is effective from the date you sent the e-mail or the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

EFFECTS OF CANCELLATION

If you cancel the Contract, we will refund to you all payments you have made to us under the Contract. We will also refund you for the costs of delivery if the cancellation is due to receipt of defective products, unless you have chosen a delivery option other than our least-expensive delivery option, in which case we will refund you up to the amount that our least-expensive delivery option would have cost you. Delivery charges will not be refunded if cancellation is due to any other reason.

We will refund you without undue delay, after receipt of cancellation and, if requested, once the Products have been returned to us. We will refund you using the payment method you used to pay for the Products, unless you expressly agree otherwise. You will not have to pay any fees as result of the refund.

RETURNS PROCEDURE

Once we have received your cancellation notification, we will request for the Products to be returned to us and would be grateful if you could follow these guidelines before doing so:
– Please enclose your order number, name and address in the parcel and use the original packaging to ensure against breakages. In the case of a defective product, please provide a full description of the fault. It is important to return items by recorded delivery as we cannot be held responsible for any items lost in transit.
– Address the parcel to: Stubbs Mugs Ltd, Unit 10, Weybourne Road Industrial Estate, Weybourne Road, Sheringham, Norfolk, NR26 8AF.

Please note that your right to cancel does not depend on complying with these requests but complying will assist us in ensuring that your refund is processed promptly. If the value of the Products has been reduced by any amount as a result of your handling of them (beyond what is necessary to establish the nature, characteristics and functioning of the Products), we may recover that amount from you. We may deduct this amount from any refund that we give to you.

DEFECTIVE PRODUCTS

We are under a legal duty to supply you with Product(s) which are in conformity with our contract with you and will use our reasonable endeavours to do so taking into account all the relevant factors in the nature and manufacture of the Products supplied.

WARRANTY FOR DEFECTIVE PRODUCTS

Our warranty for defective Products gives you the option (where applicable) of receiving replacement Products free of charge as an alternative to a refund.

We endeavour to secure high standards of materials and workmanship. If you receive any Products from us which can be shown to have had any defect of materials or workmanship at the time we dispatched the Products to you, or if the Products are not as described in the Contract, you should notify us in writing at the address or email address shown below in the “Contact” section within 30 days from delivery (or, if you are a resident of an EU member state other than the UK, any longer period which may apply under the law of the state in which you reside).

Following receipt of such notification (and if requested, the return of the defective or mis-described Products) we will provide you with replacement Products free of charge or offer you a refund for the affected Products, as set out in the “Refunds Procedure for Defective Products” section below.

Our warranty for defective Products will not apply to:

Any defect in the Products arising from:
– fair wear and tear;
– wilful damage, incorrect handling or storage, misuse, accident, negligence by you or any third party;
– use other than recommended by us and/or failure to follow our instructions; or any incorrect information or specification supplied by you; and;
– products which you have not paid for.

This warranty is in addition to your statutory rights in relation to goods that are faulty or not as described.

REFUNDS FOR DEFECTIVE PRODUCTS

Where we refund the price of any Products that are defective or not as described in the Contract we will refund the price of the Products in full, any applicable delivery charges, and any reasonable costs you incur in returning the Products to us if requested. Payment will be refunded by the method used to purchase the Products, unless expressly agreed otherwise.

Our returns and refunds policy does not affect your statutory rights.

DELIVERY

Please refer to the table of delivery charges in “Shipping & Returns”. Every mug is produced to order.

We pack your mugs and dispatch them using the standard Royal Mail 1st class post and for orders greater than 6 mugs next day courier. Dispatch time is usually within 3-5 working days from date of order. You should receive your order within 5 working days.

International orders are sent by Airmail and should be received within 28 working days of placing your order, using the standard Royal Mail service.

We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will inform you of any delay as soon as possible.

Delivery will be completed when we deliver the Products to the address you gave us. If there is no one at the address given when we attempt to deliver the Products, the postman or courier should notify you of an alternative delivery date, an alternative place to collect the Products or details of how to arrange an alternative delivery date.

RISK AND TITLE

From the completion of delivery to you, you will be responsible for the Products and for any loss or damage to them. You will become the owner of the Products once we have received payment in full, including all applicable delivery charges.

LIMITATION OF LIABILITY

The terms under this section do not affect your statutory rights if you are dealing as a consumer when purchasing goods.

If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, unless our failure to comply with these Terms was deliberate. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We have no liability for loss arising from:
– any Products which after delivery have been subjected to willful damage, incorrect handling or storage, accident, negligence by you or by any third party; or
– any failure by you to operate or use the Products in accordance with our instructions.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

Whilst we do use industry standard software and systems we do not warrant that our websites will operate error-free nor that our websites and servers are free of computer viruses. If your use of our websites results in the need for servicing or replacing any data or equipment (including your Device), we are not responsible for those costs.

Except for death or personal injury caused by our negligence, to the extent permitted by law, our liability under or in connection with any Contract shall in no circumstances exceed the invoice value for that Contract.

USE OF THE WEBSITES

You agree to fully indemnify, and keep indemnified, us, our officers, directors, employees, agents and suppliers immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of the Use of the Websites terms set out below or any other liabilities arising out of your use of our websites, or the use by any other person accessing our websites using your personal information.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these terms of use.

INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in our websites, and in the material published on them, including, without limitation, all pictures, designs, logos, photographs and written text. These works are protected by copyright, trademarks and other intellectual property rights. All such rights are reserved. Unauthorised use of these intellectual property rights is prohibited.

Our Websites Change Regularly. We aim to update our websites regularly, and may change the content at any time. If the need arises, we may suspend access to our websites, or close any or all of them indefinitely.

RELIANCE ON INFORMATION POSTED

While we use all reasonable endeavours to keep the information on our websites accurate and up to date, the material displayed on our websites is provided without any guarantees, conditions or warranties as to its accuracy.

Materials on our websites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any materials by any visitor to our websites or by anyone who may be informed of any of those materials.

YOUR INFORMATION

We process information about you in accordance with our Privacy Policy. By using our websites you consent to such processing.

You warrant that all data provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by contacting our Customer Service department. Like many sites, our websites use cookies. For further information please see our Privacy Policy – Cookies.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse or attack our websites by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites, servers, or any other computer or database connected with our websites.

By breaching this provision you may be committing a criminal offence and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our websites will cease immediately.

We will not be liable for any loss or damage caused by a denial of service attack directed at our websites, viruses or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of our websites or any material posted on it, or on any websites linked to it.

LINKS FROM OUR WEBSITES

Where our websites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content, policies or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

SEVERANCE

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

QUALITY AND MUG CARE

Whilst making and printing mugs isn’t exactly an environmentally friendly process we take heart that our mugs are reusable and sturdy enough that many remain in use after years of wear. Due to Health Regulations, lead has been removed from ceramic glazes leaving our mugs more vulnerable to staining. All our mugs are quality fine bone china and are microwave and dishwasher safe. We recommend that our mugs should be rinsed shortly after use, and any stains removed by soaking products in warm water or with a gentle detergent. Using strong chemicals or rubbing with abrasive materials may result in product damage. Our mugs cannot be exposed to rapid changes in temperature, and they are not oven proof or freezer proof. You may notice a slight variation in the colours on our mugs due to the ceramic inks we use, however we do our best to keep any variation to a minimum.

STUBBS MUGS TRADE TERMS & CONDITIONS

Published on Website – May 2018

1. Introductory
1.1. These conditions shall apply to all sales of goods by Stubbs Mugs Ltd (‘the Seller’) to any other person (‘the Buyer’). No variation shall apply unless made or accepted by the Seller in writing.
1.2. These conditions supersede any conditions put forward by the Buyer.

2. Quotations and Orders
2.1. Quotations are valid for 30 days unless otherwise stated.
2.2. The Buyer shall be responsible for the accuracy of any order and for the selection of the goods to meet the Buyer’s requirements. The Seller reserves the right not to accept the return of wrongly ordered goods.
2.3. The Seller’s employees and agents are not authorised to make any representation about the goods unless confirmed in writing by the Seller.
2.4. The Seller may vary the specification for the goods from that appearing in any catalogue or other written material in order to conform to any legal requirements, or otherwise in any immaterial respect.
2.5. The Seller may use images of all products produced unless otherwise agreed.

3. Delivery
3.1. The Seller shall not be liable for any loss or damage resulting from delayed delivery.
3.2. The Buyer will accept delivery even if the delivery appears damaged and upon checking the delivery, report any damages to the Seller who will rectify with the necessary action.
3.3. The Buyer shall report any damages within 7 days of receipt of the delivery.

4. Risk
4.1. The goods shall be at the Buyer’s risk from delivery or, if the Buyer has wrongfully refused or failed to take delivery, from when delivery was made.

5. Price
5.1. The price of the goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price that is listed in the Seller’s price list current at the date of the order. The Seller reserves the right to vary its price list at any time. A copy of the current price list will be made available on request.
5.2. All prices given by the Seller are excluding carriage charges.
5.3. Unless otherwise stated all prices are exclusive of VAT. The Buyer shall pay any applicable VAT in addition.

6. Payment
6.1. Preferred payment method is Bank Transfer. Debit and Credit card will be accepted. Cheques are no longer accepted.
6.2. Where the Seller requires payment before delivery the Seller may cancel the contract if payment is not received. The order will not be started until payment is received.
6.3. In any other case the Seller may invoice the Buyer for the price of the goods on or at any time after delivery, or (if the Buyer wrongfully fails to take delivery) at any time after delivery was tendered. Payment shall be due 30 days after the date of invoice, unless otherwise stipulated by the Seller and payment shall be made without set-off or deduction.
6.4. The Seller may establish, and at any time vary, a credit limit for the Buyer.
6.5. The Buyer is required to clear their account before a new order may be made on credit.

7. Remedies for non-payment
If the Buyer fails to make any payment on the due date, the Seller may (without prejudice to any other right or remedy):
7.1. Cancel or suspend any further deliveries: and/or
7.2. Allocate any payment by the Buyer to such of the goods as the Seller may think fit, notwithstanding any purported allocation by the Buyer: and/or
7.3. Charge the Buyer interest (both before and after judgement) on the amount unpaid, at a rate equal to Lloyds bank base rate plus 3.0% per month or part of a month (compounded monthly), until payment is received in full.

8. Retention of title
8.1. The goods shall remain the Seller’s property until the Seller has received, in cash or cleared funds, payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
8.2. The Buyer shall be entitled to use the goods in the ordinary course of business or, (if its business ordinarily involves the sale of such goods) to resell the goods as principal and not as agent for the Seller.
8.3. In the meantime, and until the goods become the Buyer’s property, the Buyer shall hold the goods as the Seller’s fiduciary agent and bailee, and shall keep the goods properly stored, insured and identified as the Seller’s property. The Seller may at any time require the return of the goods. Failing their immediate return, the Seller may enter any premises where the goods are and repossess them. For this purpose, the Seller may remove any of the goods which have been installed in any premises.
8.4. If the Seller repossesses any goods for which the Buyer has paid, the Seller may set off, against any claim for a refund of the price of those goods, any sums then due from the Buyer.

9. Returned goods
9.1. The Seller may, as its sole option, replace any defective goods properly returned, free of charge, or refund their price to the Buyer.
9.2. Except as stated in this condition, the Seller shall have no liability to the Buyer in relation to the quality of condition of any goods, or their failure or correspond with description.

10. Limitation of liability
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason or any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), labour charges, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by the Buyer.

11. Force majeure
The Seller shall not be liable to the Buyer, or be in breach of the contract, by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control.

12. Indemnity
The Buyer shall indemnify the Seller against any liability and cost arising out of the use of the goods, or under the health and safety at work etc act 1974 or any statutory modification or re-enactment thereof in respect of the goods.

13. Insolvency of Buyer
If:
13.1. The Buyer makes any voluntary arrangement with creditors or becomes subject to an administration order or (if an individual or firm) becomes bankrupt or (if a company) goes into liquidation; or
13.2. An encumbrancer takes possession, or a receiver is appointed, of any of the Buyer’s property or assets; or
13.3. The Buyer ceases, or threatens to cease, to carry on business; or
13.4. The Seller reasonably considers that any of the above events is about to occur and notifies the Buyer accordingly;
the Seller may, without affecting any other right or remedy of the Seller, cancel the contract or suspend further deliveries without any liability to the Buyer. If the goods have been delivered but not paid for the price shall become immediately due and payable, notwithstanding any previous agreement to the contrary.

14. Notices
Any notice to be given by either party to the other under these conditions shall be given by pre-paid post or by e mail confirmed by pre-paid post, and shall be addressed to that party at its registered office or principal place of business or to any address notified by that party for the giving of notices.

15. Information about us
Stubbs Mugs Limited is a limited company registered under company number 6246864, and has its registered office and main trading address at Unit 10, Weybourne Road Industrial Estate, Weybourne Road, Sheringham, Norfolk, NR26 8AF. Our VAT number is 785 9612 73.

You can contact us by e-mailing: [email protected], or call us on 01263 823333 between 9.00am and 5.00pm UK time (Monday to Friday, excluding public holidays.)  Our customer services operators speak only English. Please note that all calls made from UK landlines will be charged at your standard landline rate. Mobile phone and international call charges will vary.