Business Terms & Conditions
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS
Last updated on DATE.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
- 1.1 We operate the website www.mudkitchens.co.uk. We are Luca and the Honey Badger Ltd, a company registered in England and Wales under company number 10300465 and with our registered office at 133 Eglinton Hill, London SE18 3DU.
- 1.2 You may contact us by email at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.
2. OUR PRODUCTS
- 2.1 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’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- 2.2 We have made every effort to provide accurate information about our Products. However, there may be very small differences in size, weight, capacity, dimensions and measurements between our Products, in particular between those Products which are handmade. If you have any particular or restrictive criteria for any of the above, you should confirm this to us before placing your order.
- 2.3 The packaging of the Products may vary from that shown on images on our site.
- USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
- ENTIRE AGREEMENT
- 4.1 You have authority to bind any business on whose behalf you use our site to purchase Products.
- 4.2 These Terms and any document expressly referred to in them 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.
- 4.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or [any document expressly referred to in them.
- 4.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- 5.2 After you place an order, we will contact you by email either to confirm our acceptance of your order (Order Confirmation) or to request further information or to inform you that we cannot supply you with a Product. An Order Confirmation will contain a unique order number (Order Number).
- 5.3 The Contract between us will only be formed when we send you the Order Confirmation.
- 5.4 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 8.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.5 Many of our Products are personalised by routing your specified name(s) into them. After this process of routing has been started by us (which may be any time following the Order Confirmation), you will not be entitled to a refund of the price paid for the Product should you subsequently cancel the Contract. If you have paid a delivery charge in addition to the Product price, we may refund this subject to our reasonable discretion.
6. OUR RIGHT TO VARY THESE TERMS
- 6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
- 6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- 6.3 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
- 6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- 7.1 We will contact you with an estimated delivery date within 14 days after the date of the Order Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
- 7.2 If no one is available at your address to take delivery, our delivery partner will contact you on the telephone number you have provided to us to rearrange delivery. Please note that we or our delivery partner may apply additional charges for storage and/or redelivery.
- 7.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you, or a carrier organised by you collects them from us, and the Products will be your responsibility from that time.
- 7.4 You own the Products once we have received payment in full, including all applicable delivery charges.
- 7.5 If you do not wish to cancel your order straight away you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- 7.6 If you do choose to cancel your Order for late delivery under this clause 7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- 7.7 The price for each Product listed on our Website includes delivery to the address specified by you within the UK mainland. If your specified delivery address is outside the UK mainland, please notify us before you place your order so that we can confirm delivery charge.
- 7.8 You may change the delivery address at any time prior to dispatch by us of the Product, however if such change adds a or increases the delivery charge then we will not be obliged to despatch the Product until you have paid us for such discrepancy. If you notify us of a change in delivery address after the Order Confirmation but prior to dispatch, your right to a refund will be subject to the provisions of clause 5.5.
- 7.9 If you order Products from our site for international delivery, your delivery may be subject to import duties and taxes which are applied when the delivery reaches the destination. Please note that we have no control over these charges and we cannot predict their amount.
- 7.10 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- 7.11 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 8.5 for what happens if we discover an error in the price of Product(s) you ordered.
- 8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- 8.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.
- 8.4 Save for as stated in clause 7, the price of a Product does not include delivery charges. Our delivery charges are as advised to you during the order process. To check relevant delivery charges, please contact us before you place your order.
- 8.5 Our site contains a large number of Products. It is always possible that, despite our reasonable care, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
9. HOW TO PAY
- 9.1 Payment for the Products and all applicable delivery charges is in advance.
- 9.2 You can pay for Products via Paypal, using a debit card or credit card, or by bank transfer. We do not accept American Express cards. If you pay by bank transfer, you must state the Order Number as the payment reference. If you do not, we will not be liable for any delays caused arising from or in relation to payment processing. We reserve the right to restrict methods of payment at any time for any reason.
10. MANUFACTURER GUARANTEES
From time to time we may sell Products which have been manufactured by a third party. Such Products may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
11. OUR WARRANTY FOR THE PRODUCTS
- 11.1 Our Products are of solid construction and are treated or untreated. The handmade Products are made using pre-treated timber and treated using protective paints so that they are suitable for outdoor use. However, the Products will deteriorate with prolonged outdoor use and/or storage, therefore we strongly recommend re-treatment once a year to extend the Products’ lifespan. If you purchase untreated Products from us, we strongly recommend treating them before first use and subsequent re- treatment as above. See the Product Care section of our website for further information and guidance.
- 11.2 For Products which do not have a manufacturer’s guarantee, we provide a warranty that the Products shall be free from material defects on delivery and:
- (a) for treated Products, for a period of 24 months from delivery;
- (b) for untreated Products, for a period of 12 months from delivery,
However, this warranty does not apply in the circumstances described in clause 11.3.
- 11.3 The warranties in clause 11.2 does not apply to any defect in the Products arising from:
- (a) fair wear and tear;
- (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- (c) if you fail to operate or use the Products in accordance with the user instructions;
- (d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- (e) any specification provided by you.
12. OUR LIABILITY TO YOU
- 12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- 12.2 Nothing in these Terms limits or excludes our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (d) defective products under the Consumer Protection Act 1987.
- 12.3 Subject to clause 12.2, we will 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 the Contract for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill; or
- (f) any indirect or consequential loss.
- 12.4 Subject to clause 12.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- 12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 will not be responsible for ensuring that the Products are suitable for your purposes.
13. EVENTS OUTSIDE OUR CONTROL
- 13.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
- 13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event
Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than  days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. COMMUNICATIONS BETWEEN US
- 14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
- 14.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery partner or e-mail.
- 14.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 14.4 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.
- 14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. OTHER IMPORTANT TERMS
- 15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- 15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 15.4 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.
- 15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 15.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- 15.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).