Web Terms & Conditions
1 Web Terms & Conditions
1.1 This document (in conjunction with any documents referred to in it) informs you of the terms and conditions (the conditions) upon which Message On A Mug sells goods to you.
1.2 Business days are defined as Monday, Tuesday, Wednesday, Thursday and Friday. Bank/public holidays coinciding on the aforementioned days are defined as non business days.
1.3 Events outside our control is defined in clause 1.5.
1.4 Goods are defined as goods listed and supplied on the Message On A Mug website only (the website).
1.5 Prior to ordering/purchasing your order, please refer to all conditions as stated, paying particular attention to the cancellations and returns policy, as defined in clause 11, including the Message On A Mug limitation of our liability and your indemnity at clause 13.
1.6 By ordering, and subsequently purchasing, any of the goods, you agree to be legally bound by said conditions. You will be unable to proceed/complete your transaction/order if the Message On A Mug Terms and Conditions are not accepted at the check out.
2 About Message on a Mug
2.1. This website is owned and operated by Message on a Mug (we/us/our). We operate as a Sole Trader (trading as Message on a Mug). Our business address is Endeavour, Montgarrie, Alford, ABERDEENSHIRE, AB33 8AQ.
2.2 Our telephone number is 07786548707.
2.3. Our e mail address is macdonaldf469@gmail.com
3 Overseas Orders
3.1. We may accept orders from individuals located outside the United Kingdom and ship overseas, subject to Message on a Mug receiving payment from you covering any additional shipping or postage costs incurred from your placed order.
3.2. We will inform you of any additional shipping or postal costs as soon as possible after the order has been placed. If you decide to not pay the extra costs incurred, you can proceed to cancel the order. If you want to proceed with the order, you must, via e mail to Message on a Mug, confirm that you want to proceed with the order and that you will pay any additional costs incurred, within seven days of us informing you the total sum of what this will be. If we do not receive this information e mail from you within 7 days from the date of which the order was placed, we reserve the right to cancel the order you placed. We will then send you a courtesy e mail to you, confirming this information
3.3. Please note that when shipping products internationally, you must be aware that cross-border shipments are potentially subject to opening, and subsequent inspection by, custom/border control authorities which we have no control over and are unable to Intervene.
3.4. If we agree to supply any goods ordered from the website for delivery outside the United Kingdom, the goods may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties
and/or taxes. In addition to our price, including vat (if applicable) and cost of delivery. Please note that we have no control over these (or any other) charges and, therefore, cannot predict or advise their amount. In these instances, please contact your local customs office or taxation authority for further information before placing your order.
4. Eligibility to purchase from the Message On A Mug website
To be eligible to purchase the goods and lawfully enter into, and form, a contract with us, you must be aged 18 years and over.
5. Price
5.1 The price of goods is quoted on each mug on the order page.
5.2 Prices, and any other charges quoted on the order page and guest checkout, are based on delivery of goods within the United Kingdom only, unless specified otherwise.
5.3 Prices quoted on the order page do not include costs of delivery of the goods. This information is located on the delivery information on each mug on the order page and at guest checkout. Amount owed for delivery/payable by you, will be added to the purchase of any goods you have made.
6. Payment
6.1 Payment can be made by any approved/authorised credit/debit card company.
6.2 By placing and completing an order, you consent to payment being charged to your debit/credit card account provider, as documented by you on the order form.
6.3 If your purchase is made by credit/debit card, payment will be debited from your card for goods purchased and subsequently dispatched to you.
6.4 We shall contact you if any problems occur with the transaction/authorization of your card transaction.
7. Order process and formation of contract
7.1 Please refer to the 'Making A Purchase' guidelines. These are located on our website, and also forms part of your agreement with us. If there is any conflict between the content of the 'making a purchase' guidelines and the terms set out herein, shall take precedence.
7.2. Our website only illustrates our goods. Your computer may not accurately display the colours of the goods. However, we endeavour to accurately depict the colours of our goods, but there may be subtle differences between the colours of the goods delivered to you, and those shown on our website.
7.3. All orders are subject to acceptance and availability. If we are unable to supply you with the goods in your order placed/due to circumstances beyond our control/unavailability of stock/product materials/key staff/an event outside of our control or because a mistake has been identified in any description of any goods/incorrect price stated by us, we will notify you. The order will be terminated by us. A refund of any sums you have paid to us will be reimbursed to you.
7.4. If the goods are temporarily unavailable, we will notify you via e mail of the date the goods are expected to be available/re-stocked. You will have the option to either wait until the goods are available/re-stocked or to cancel your order. If you cancel your order, we will refund any sums you have paid.
7.5. Any order placed by you for the goods, constitutes an offer to purchase the goods from us.
7.6. You agree that if we contact you, acknowledging receipt of your order, such communication will not amount to our acceptance of your offer to purchase the goods.
7.7. A 'Confirmation of Notice' is defined as an e-mail which we send to you to confirm that we have dispatched the goods. A Confirmation of Notice will also be our acceptance of the offer to which that Confirmation Notice relates.
7.8. A contract between you and us for the supply of the goods (the Contract) incorporating the version of the conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and retain a copy of the Confirmation Notice for future reference.
7.9. If you think an error has occurred in the Confirmation Notice, or if you wish to make any changes, please contact us to discuss further. If you request a change, we will inform you if your change request is possible, and about any changes to the price/delivery/performance dates or any other changes that we need to make as a result of your change request. We will then confirm with you if you want us to proceed and implement your change request.
8. Delivery
8.1 The delivery policy also forms part of your agreement with us.
8.2. The goods will be delivered to you at the address you provided when completing the order process which may be a different address to the billing address.
8.3. Any dates quoted for delivery of the goods are only approximate. If no date is specified, then the order will be processed and dispatched as soon as reasonably possible but, in any event, within 30 days of the confirmation notice date. The exemption to this section of the clause would be any event/events outside our control.
8.4 if you have requested to collect the goods directly from our premises delivery of goods will be completed when we hand the goods to you.
8.5. If you have asked us to use an independent carrier, other than our pre-designated carrier for delivery of goods to you, delivery shall occur when we deliver the goods to that carrier of your choice.
9. Risk and Title
9.1. The goods will be at your risk from the time of delivery.
9.2. Ownership of the goods will only pass to you when we receive payment, in full, including the cost of delivery.
10 Cancelling before confirmation notice
10.1. You may cancel your order for the goods requested by notifying us of your decision to cancel at any time prior to us sending you a confirmation notice.
10.2. You may notify us of your decision to cancel by the following means of communication e-mail macdonaldf469@gmail.com post Endeavour, Montgarrie, Alford, Aberdeenshire, AB33 8AQ.
10.3. The notification to cancel your order must quote your name, address, the name/description of the goods and your order reference number.
Cancellation after Confirmation Notice
10.4. The cancellation period means the period between the date we send you a confirmation notice and the expiry of 14 working/calendar days after the day you receive the goods.
10.5. You may cancel the contract at any time during the cancellation period by notifying us of your decision to cancel.
10.6. You may notify us of your decision to cancel via the following means of communication E-mail macdonaldf469@gmail.com post Endeavour, Montgarrie, Alford, Aberdeenshire, AB33 8AQ
10.7. A statement by you, confirming that you wish to cancel, must include your name, address, the name or description of the goods and your order reference number.
11. Return of goods
11.1. Upon Message on a Mug receiving notice of your cancellation, we will contact you to provide details of the designated location where you must return the goods, in conjunction with other relevant instructions. You must then return the goods to us without delay, and at the latest, within 14 days of notifying us of your cancellation.
11.2. You must return the goods at your own risk and at your own cost unless we offer to pay the cost of return. If any goods delivered to the registered address of Message on a Mug arrive broken/damaged/used innappropriately or the goods have not been packaged with sufficient packaging to protect the goods from the rigours of posting, a picture will be sent to you.
11.3 If the value of goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the goods, we will be entitled to claim any reduction in value from you and to deduct the sum from any money which you have paid us.
Refunds on Cancellation
11.4. So long as you are entitled to cancel and have complied with your obligations, we will refund you the balance of the price you paid to us after deducting
11.4.1 any reduction in the value of the goods due to inappropriate use.
11.4.2 Any cost to us collecting the goods (if applicable).
11.4.3 If the contract is for the supply of goods only, or for goods and services with the main purpose of being the supply of goods, unless we have agreed to collect the goods from you, we will refund you the sum within 14 working days after the earlier of
11.4.3.1 The day on which we receive the goods returned by you
11.4.3.2 The day on which you supply evidence to us that you have returned the goods to us
11.4.3.3 If the contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods, and we have agreed to collect the goods from you we will refund you within 14 working business days of our receipt of your cancellation notice.
11.4.3.4 We will refund you via the same payment method of payment used by you, unless you agree to a refund by an alternative method of payment.
12. Exceptions to the right to cancel
You will not have the right to cancel in the following circumstances
12.1 The contract is for goods which are bespoke or have been personalised.
12.2 The contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
12.3 The contract is for the supply of goods which have become mixed with other items that cannot be separated after delivery.
13. Complaints
13.1 If you have a complaint, concern or query about any goods you have purchased from us, please contact us via email macdonaldf469@gmail.com or post Endeavour, Whitehouse, Alford, ABERDEENSHIRE, AB33 8AQ.
14. Liability and Indemnity
14.1 We have a duty to supply goods to you that conform to the contract, including a duty to ensure that
14.1.1 The goods are as described in the contract
14.1.2 The goods correspond to any samples we have sent you.
14.1.3 The goods are fit for purpose (ie used for drinking hot or cold drinks only) and are fault free
14.1.4 Death or personal injury resulting from our negligence or negligence of any employee.
14.1.5 Fraud or fraudulent misrepresentation
14.1.6 We are not responsible for any unforeseeable loss or damage to the goods
14.1.7 You are purchasing the goods as a consumer. If you purchase the goods for any business purpose, including for re-sale, we will not be liable for any business losses/loss of profits/loss of opportunities/loss of management time/loss of business data or losses due to interruption of your business.
We will not be responsible for any delay in delivering goods if
14.1.8 We have asked you to provide specified information that is necessary for delivering the goods and
14.1.9 You have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
15. Our rights of termination
We reserve the right to terminate the contract by writing to you if you fail to make any payment to us when due and you still and you still do not make payment within 14 working days of us reminding you that payment is overdue.
16. Events outside of our control
16.1 We shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act/event/omission,/failure or accident outside of our reasonable control.
16.2 We will take all reasonable steps to minimise any delay in performing our obligation to you which arises from any event outside of our control.
16.3 We will notify you of any event outside of our control which prevents us or delays us in performing our allegations to you, providing details of the circumstance and, where possible, the extent of and potential duration of any delay.
16.4 Our performance will be deemed to be suspended for the period that the event outside our control continues.
16.5 You may end the contract after we have notified you of an event outside our control and we will then refund you any money you have paid to us under the contract for the goods which we have been unable to deliver to you.
17. Other important terms
17.1 We reserve the right to change the domain address of the website and any services/product prices/product specifications and availability at any time.
17.2 Every effort is made to keep information regarding stock availability on the website accurate. However, we do not guarantee that this is the case, or that stock will always be available.
17.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part , the validity of the other provisions of the contract and the remainder of the provision in question will not be affected.
17.4 All contracts are concluded in English only.
17.5 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under it, or any, of these terms/conditions. 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 your obligations.
17.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18. Dispute
18.1 Any dispute/disagreement must be brought to our attention within 14 working days via e mail macdonaldf469@gmail.com by post Endeavour, Whitehouse, Alford, Aberdeenshire, AB33 8AQ.
18.2 If any disagreement/dispute is not brought to our attention via the means of communication as specified above, it will be at our discretion if the dispute/agreement is taken forward to a resolution agreed by you and us.
