Terms & Conditions
About these terms and conditions
1.1 What these terms cover
These are the terms and conditions on which we supply products to you.
1.2 Why you should read them
Please read these carefully before you submit an order with us. These terms will tell you who we are, how we will provide products, how you and we may change or end a contract, what to do if there is a problem and other important information that might be necessary to our business.
2.1 Who we are
We are Muk Design Ltd, a company registered in England under company registration number 10717924. Our registered office is at 86–90 Paul Street, London EC2A 4NE, United Kingdom.
2.2 How to contact us
You can contact us via email on email@example.com.
2.3 How we may contact you
If we have to contact you we will do so by email or telephone.
About our contract with you
3.1 How we’ll accept your order
Our acceptance of your order will take place as soon as we send you a confirmation email for your order, at which point a contract will come into existence between you and us.
3.2 If we can’t accept your order
If we’re unable to fulfil your order, we’ll inform you of this and not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we couldn’t reasonably plan for, because we have identified an error in the price or description of the product or because we’re unable to meet a delivery deadline you have specified. In any case, we appreciate your understanding.
3.3 Your order number
We’ll assign an order number to your order and provide this on the confirmation email for your order. It really helps if you can tell us this number whenever you contact us about your order.
About our products
4.1 Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. We make every effort to display the products, including the colours, as accurately as possible. Despite of all this effort, your product may still not be completely in accordance with those images, and we apologise for this and hope you’ll be pleasantly surprised.
4.2 Product packaging may vary
The packaging of the product may vary from that shown in images (if any) on our website.
About your rights to make changes
5.1 If you wish to make changes
If you wish to make a change to the product you’ve ordered please contact us. We’ll let you know if the change is possible at all. If it is possible we’ll also let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we can’t make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7 concerning your rights to end the contract).
About the delivery of the products
6.1 Delivery costs
The costs of delivery and any available options for speed of delivery are as displayed to you on our website.
6.2 When we’ll deliver the products
During the order process we’ll let you know when the products will be delivered. In any event we’ll deliver the products within 7 days of the day on which we accept your order.
6.3 How we’ll deliver the products
The method of delivery depends on the size and weight of the products and the option chosen by you at the time you made the order.
6.4 If you’re not at your address when the product is delivered
If no one’s available at your address to take delivery and the products can’t be posted through your letterbox, we’ll leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you don’t re-arrange delivery
If you don’t collect the products from us as arranged or if, after a failed delivery to you, you don’t rearrange delivery or collect them from a delivery depot, we’ll contact you for further instructions and may charge you for extra delivery costs. If, despite our reasonable efforts, we’re unable to contact you or re-arrange delivery or collection we may end the contract and Clause 9.2 will apply.
6.6 We aren’t responsible for delays outside our control
If our supply of the products is delayed by an event outside our control then we’ll take steps to minimise the effect of the delay. Provided we do this we’ll not be liable for delays caused by the event, but if there’s a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.7 When you become responsible for the products
A product will be your responsibility from the time we deliver the product to the address you gave us. We won’t be responsible for any delays, damage or loss caused after this time.
6.8 Accepting your delivery
It’s important that you examine products carefully before accepting delivery of them. By accepting delivery you agree that the products are undamaged and fit for use at the time of delivery. We won’t be responsible for any damage caused after this time (although you may still be able to end the contract and/or return the product — see Clause 7).
6.9 When you own products
You own a product once we’ve received payment in full.
About your rights to end the contract
(only applies if you're a customer)
7.1 You can always end your contract with us
Your rights when you end the contract will depend on what you’ve bought, whether there’s anything wrong with it, how we’re performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed by us you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back): see Clause 10; or
(b) If you want to end the contract because of something we’ve done or told you we’re going to do: see Clause 7.2
7.2 Ending the contract because of something we’ve done or are going to do
If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we’ll refund you in full for any products which haven’t been provided and you may also be entitled to compensation. The reasons are:
(a) we’ve told you about an error in the price or description of the product you’ve ordered and you don’t want to proceed;
(b) there’s a risk that supply of the product may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we’ve done wrong.
7.3 Exercising your right to change your mind
According to the Consumer Contracts Regulations 2013, you’ve a legal right to change your mind within 14 days of delivery and receive a refund. However, this right doesn't apply to purchases where the price paid (including delivery) is less than £42.00.
About your rights to end the contract with us
(only applies if you're a customer)
8.1 Tell us you want to end the contract
If you want to end the contract with us, and you are within the cooling off period described in Clause 7.3 or are cancelling for another reason provided in these terms, please let us know on firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address (or email us a copy of the completed cancellation form which can be found in the First Schedule to these terms).
8.2 Returning products after ending the contract
If you end the contract for any reason after products have been dispatched to you or you’ve received them, you must return them to us. If you are exercising your right to change your mind you must send off the products to us within 14 days of telling us you wish to end the contract.
8.3 When we’ll pay the costs of return
We’ll pay the costs of return:
(a) if the products are faulty or misdescribed by us (subject to Clause 4); or
(b) if you are ending the contract because we have told you of an error in pricing or description, or because you’ve a legal right to do so as a result of something we’ve done wrong.
If you’re ending the contract for either of the reasons set out at (a) to (b) above please email us on email@example.com for a return label.
In all other circumstances, you must pay the costs of return. You must arrange for the products to be delivered or posted back to us at Muk Design Ltd, 86–90 Paul Street, London EC2A 4NE, United Kingdom.
8.4 How we will refund you
We’ll refund you the price you paid for the products, including delivery costs where applicable, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind:
(a) To claim a refund products must be unused and in the same condition in which they were delivered (including original packaging), and remain in a re-sellable condition. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which wouldn’t be permitted in a shop. If we refund you the price paid before we’re able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offered you when you made the order, even if you chose to have the product delivered by a more expensive method.
8.7 When your refund will be made
We’ll make any refunds due to you as soon as possible. If you’re exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you’ve sent the product back to us.
About our rights to end a contract
9.1 We may end the contract if you break it
We may end the contract for a product at any time by writing to you if:
(a) you don’t, within a reasonable time of us asking for it, provide us with information that’s necessary for us to provide the products, for example, your delivery address; or
(b) you don’t, within a reasonable time, allow us to deliver the products to you.
9.2 You must compensate us if you break the contract
If we end the contract in the situations set out in clause 9.1 we’ll refund any money you’ve paid in advance for products we haven’t provided but we may deduct or charge you reasonable compensation for the net costs we’ll incur as a result of your breaking the contract.
About any problems with the product
(Clause 10.2 only applies if you're a customer)
10.1 How to tell us about problems
If you have any questions or complaints about the product, please contact us on firstname.lastname@example.org.
10.2 Our duty
We’re under a legal duty to supply products that are in conformity with this contract.
11.1 When you must pay and how you must pay
We accept payment by PayPal, as well as by the following card types: Visa (credit and debit cards), MasterCard (credit and debit cards), American Express, Diner's Club, JCB and Apple Pay. You must pay for the products at the time of placing your order and, in any event, before we dispatch them.
About our responsibility for loss or damage suffered by you
(only applies if you're a customer)
12.1 We’re responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we’re responsible for loss or damage you suffer that’s a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we’re not responsible for any loss or damage that’s not foreseeable. Loss or damage is foreseeable if either it’s obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.
12.2 We don’t exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
12.3 We’re not liable for business losses
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we’ll have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
About using your personal information
13.1 How we’ll use your personal information
About other important terms
14.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We’ll always tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may refuse to agree if we reasonably believe that such a transfer will affect our rights or our ability to enforce our rights under the contract. If you’re a business then we may, at our absolute discretion, refuse to give consent to such a transfer and we’ll be under no obligation to provide a reason for doing so.
14.3 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later
If we don’t insist immediately that you do anything you’re required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that won’t mean that you don’t have to do those things and it won’t prevent us taking steps against you at a later date. For example, if you miss a payment and we don’t chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Online dispute resolution
The European Online Dispute Resolution Platform (the ODR Platform) provides an alternative to legal proceedings whereby an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you’re a consumer and you are not happy with how we have handled any complaint, instead of bringing legal proceedings in respect of the products of the English court, you may choose submit your dispute to the ODR Platform for online resolution.
About our terms applicable to business customers
(only applies if you're a business)
15.1 Your authority
You confirm that you have authority to bind any business on whose behalf you use our website to purchase products.
15.2 Entire Agreement
The contract to which these terms apply and any document expressly referred to in these terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in agreeing to these terms you don’t rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that’s not set out in these terms or any document expressly referred to in them.
15.4 No claim for misrepresentation or misstatement
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract to which these terms apply.
If the products are faulty or misdescribed (subject to Clause 4), we’ll be responsible for the costs of returning the products to us and we will provide you with a refund. In any other circumstance we may, at our absolute discretion, offer a refund; but if such a refund is offered you must arrange to return the products to us at your own cost and risk. We may agree to collect the products subject to you paying the cost of collection.
15.6 Our liability
(a) Nothing in these terms limits or excludes our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) defective products under the Consumer Protection Act 1987; or
(v) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
(b) Subject to Clause 15.6(a), we’ll under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for:
(i) any loss of profits, sales, business, or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of goodwill; or
(vi) any indirect or consequential loss.
(c) Subject to Clause 15.6 (a), our total liability to you in respect of all losses arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products to which the dispute relates.
(d) Except as expressly stated in these terms, we don’t give any representation, warranties or undertakings in relation to any products you purchase under these terms. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we won’t be responsible for ensuring that the products are suitable for your purposes.