Terms & Conditions
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in our site and in the materials published on it. Those works are protected by copyright laws worldwide and all such rights are reserved. None of the materials on our site can be reproduced or used for commercial purposes with us providing you with a license to do so.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy which can be found here.
Jurisdiction
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
Terms of Sale
1. GENERAL
1.1. These are the terms and conditions of sale of The Muddy Mermaid whose registered studio is at xxxxxxxxxxxxxxxxxxxxxx These terms apply to all online purchases of The Muddy Mermaid goods made using www.themuddymermaid.co.uk A placement of an order online indicates your acceptance of these Terms and Conditions.
1.2. By placing an order through our site, you must be at least 18 years old and warrant that you are legally capable of entering into binding contracts.
2. ORDERING
2.1. Every order you place on this website will be subject to acceptance in accordance with these Terms and Conditions. We reserve the right to cancel any order and/or refuse access to the website.
2.2. Orders shall be accepted at our sole discretion but will normally be accepted if the goods that you order are available and your credit card is authorised for the transaction. It is your responsibility to inform us immediately if there are any errors in your order.
2.3. Your card will be charged automatically when you place your order. If for any reason we are unable to fulfil your order, a full refund will be given. You will own the goods once they have been delivered to the address specified and when we have received cleared payment for the goods in full. Until that time then we will retain title to the goods.
2.4. We try to ensure the pictures of the goods on our website are accurate. However, there may be slight discrepancies in colour and texture between the pictures and the goods themselves, due to variations in display technology, and photography. Should you be dissatisfied, you are eligible to return your product within 28 days of receipt.
3. PRICING
3.1. Prices quoted to you are the prices set at the time. If for any reason they are increased we will let you know by e-mail and inform you prior to processing your order. All prices are quoted in UK pounds sterling.
3.2. For deliveries outside of the UK and the European Union, you may be required to pay import duty, custom charges or other local taxes. Customs policies vary widely from country to country so please contact your local customs office for further information. Please note that the payment of any import duties, customs charges, local taxes or any administration charges paid to couriers in relation to these fees, is your responsibility. The Muddy Mermaid cannot be held responsible for the payment of any of the above mentioned charges.
4. DELIVERY
4.1. We will attempt to deliver the goods to the place designated by you in the accepted order. We may employ a third party company as our carrier to make these deliveries.
4.2. Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any quotation, despatch note or otherwise, is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that timescale because of circumstances beyond our reasonable control.
4.3. The delivery costs, as quoted, are your responsibility. A delivery charge will be added to your order prior to acceptance, and will be paid by you.
5. RISK + TITLE
5.1. Ownership of the Goods and the risk of damage to the goods will pass to you upon delivery.
6. LOSS OR DAMAGE IN TRANSIT
6.1. We shall repair or replace, free of charge, any goods damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 7 days of the date of receiving the goods (so that we may comply with our carrier′s conditions of carriage).
7. YOUR RIGHT OF CANCELLATION
7.1. Under the United Kingdom′s Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any of the goods within 14 working days of delivery. A working day is any day other than weekend and bank or other public holidays.
7.2. We are obliged to exchange the goods or provide you with a full refund provided that, where delivery has taken place, you have returned the goods to us in the same condition that they were delivered.
7.3. For your own protection, we recommend that you use a recorded delivery service. You are responsible for the cost of returning the goods to us, unless we delivered the items to you in error or the goods are faulty.
7.4. If you choose to exercise your right of cancellation after the goods have been delivered to you, please return the item(s) to The Muddy Mermaid xxxxxxxxxxxxxxxxx. Wherever possible, you should package the unused goods securely in the original packaging.
7.5. If you do not return the goods as required by this contract, we may charge you a sum not exceeding the direct costs of recovering the goods.
8. LIMITATION OF LIABILITY
8.1. To the extent permitted by applicable law, in no event will we be liable for any damages arising from or relating to any product purchased from The Muddy Mermaid or the use of or inability to use any such product including, but not limited to any loss of use, lost profits, loss or damage to goodwill or business nor for any consequential, indirect or incidental damages.
8.2. To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall, in any event, be limited to a sum equal to the amount paid for the product in question.
8.3. This does not include or limit in any way our liability:
8.3.1. For death or personal injury caused by our negligence;
8.3.2. For fraud or fraudulent misrepresentation;
8.3.3. Under section 2(3) of the Consumer Protection Act 1987; or
8.3.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9. AMENDMENTS
10.1 We reserve the right to make changes to these terms of sale at any time.