Terms & Conditions
The following Terms and Conditions are between the Customer (hereafter referred to as “you” or “your”) and Mullk (hereafter referred to as “Mullk”, “we”, “us” or “our”).
By submitting an order on www.mullk.com you are agreeing to the terms and conditions that appear herein which will apply to any purchases made throughout this website.
By agreeing to these terms and conditions you confirm that you are;
– A registered customer of this website
– A registered business
– Over 18 years of age
– Providing accurate and complete details
All purchases made on this website are governed by these Terms and Conditions. The Terms and Conditions governing your purchase will be those in effect on the date of your purchase. We reserve the right at our sole discretion to amend these Terms and Conditions at any time. If you order goods after we have published any changes to the Terms and Conditions you will be bound by those changes. Accordingly, you should ensure that you understand the precise Terms and Conditions applicable to your order, before placing your order.
We will confirm receipt of your order as soon as possible by email, to the email address that you have provided to us. Please make sure that the email address that you have provided is correct and accurate and that your email mailbox is in proper working order, as all correspondence regarding your order is sent to the email address provided. Please remember to check your spam or junk mailbox as emails can often be misdirected by your spam filters.
Our acceptance of your order will take place upon the despatch of the product(s) ordered and at this point the contract will be made. We will supply the product(s) to you in accordance with these Terms and Conditions.
PRICING AND AVAILABILITY
All products ordered are subject to availability. Whilst all endeavors are made to ensure the stock available on the website is true and accurate, some stock in the warehouse may be damaged and or short-dated. For this reason, we cannot be held responsible if all or part of your order is unable to be fulfilled, due to any errors in the stock shown as available on the website.
Prices quoted on the website may vary from time to time and are liable to change without prior notice.
Despite our best efforts, some products on our website may be incorrectly priced (either due to human or technical error). In the event of any obvious pricing errors, we reserve the right to cancel an order before dispatch and refund any monies paid to us.
The prices shown will be excluding VAT. VAT will be levied at the applicable rate during the checkout process.
Payment must be received before your order will be dispatched. For same-day dispatch, we require your payment before midday. We accept bank transfers and or payments by debit or credit card. If you are paying for your order via bank transfer, please send us remittance or confirmation to firstname.lastname@example.org. We cannot be held responsible for any delay in dispatching your order if you have failed to inform us that you have paid via bank transfer.
If you are paying via commercial credit card we will levy a 2% surcharge on the entire order value.
The title and ownership of the product(s) shall not pass to the customer until such time as you have paid in cleared funds to our bank account, payment in respect of all sums which are outstanding on your account. Until such time, you shall store the product(s) in such a way that they are clearly the property of Mullk. You shall not destroy, deface or obscure any identifying mark or packaging on or relating to the goods until such time that the ownership has passed to you. Notwithstanding this, you are entitled to sell and deliver the product(s) to a third party within the normal framework of your business, the proceeds of such sale being held in trust for us.
Product delivery will be made to the address provided during the check-out process. If your invoice and delivery addresses are different, please ensure that you select the “deliver to a different address” option. Please check to ensure that you have entered your address correctly. We cannot accept any liability for miss-delivery or re-delivery if the delivery address entered on the order is incorrect.
Any discrepancies with the order received must be notified to us in writing to email@example.com within 24hrs of receipt. No liability will be accepted for discrepancies notified any later than 24hrs after receipt.
Any products that are sensitive to heat and are ordered during the summer months are done so are at your own risk. We cannot accept any liability for damage caused in transit due to warm weather.
All products remain the property of Mullk until payment has been received in full by us.
Any orders may be canceled before they are dispatched up to 7 days, providing no work has started upon the product. A refund will be issued minus any administration costs.
ORDER ERRORS, RETURNS, AND DAMAGES
Order errors and or discrepancies must be notified to us by email to firstname.lastname@example.org within 24 hrs of the receipt of the order.
As the items we sell are perishable we do not accept returns.
If your order is delivered to you damaged, please contact us immediately in writing by emailing email@example.com along with photographic evidence. We will refund you once the damaged items have been received back by us.
You will be refunded with the same method that you paid. This can be bank transfer, debit, or credit card.
If your order arrives in a damaged or faulty condition, we will offer a refund for damaged items only if you have signed for the pallet or parcel as damaged.
The risk on all products shall pass to you upon delivery
If we fail to comply with these terms and conditions we are responsible for loss and or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to the amount of the purchase price paid by you for the products ordered. Our maximum liability is limited to the total cost of your order. We are not however responsible for any loss or damage that is not foreseeable. Loss and or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you placed the order.
We reserve the right to terminate your account at any time and restrict access to the website, if there is a risk of loss or liability to us or if there is a reasonable reason for doing so.
If we terminate your account we will refund in full any orders that have not yet been dispatched.
Any written notices required by these terms and conditions must been sent to either firstname.lastname@example.org
EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside of our reasonable control, including but not limited to: any act, event, non-happening, omission or accident beyond our reasonable control, examples including;
– Strikes, lock-outs or other industrial action,
– Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war),
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster,
– Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport,
– Impossibility of the use of public or private telecommunications networks,
– The acts, decrees, legislation, regulations or restrictions of any government, or,
– Non-performance by suppliers or subcontractors
ERRORS AND OMMISSIONS
Any information displayed on this website regarding the products we offer for sale, including, but not limited to; product descriptions, images, sizes, weights, ingredients, nutritional information, and the like, are provided for your convenience only. We cannot be held responsible for any inaccuracies within this information provided and cannot guarantee it to be accurate.
The manufacturers of these products are liable to change or modify any of the above information, without notice, at any time. Whilst we will make all endeavours to ensure that the information displayed is, to the best of our knowledge, accurate, you must ensure that you carefully read the product packaging, including ingredients, allergens and any health and safety warnings, before consumption.
In respect of the advertised product weight, as per industry standards, we cannot be held responsible for a 10% variance in the stated net weight. If any of your products vary by more than 10%, please contact us and upon receipt of the returned product we will offer a full refund including any reasonable postage costs.
3RD PARTY WEBSITES
Where there are any links to a 3rd party website listed on this website, we do not vet these websites nor do we have any control over the contents. We cannot therefore accept any liability in respect of the use of those 3rd party websites.
If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or 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 your compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by email or recorded letter.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede and prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us, prior to such contract, except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We reserve the right to revise and amend these terms and conditions at any time and without notice. Any changes made to these terms and conditions will be updated on this page. You will be subject to the terms and conditions that were applicable at the time of your order, unless any of the changes are required by law.
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions
The content of this website is owned by Mullk and its related subsidiaries. This material includes, but is not limited to, photos, images, layout, graphics, look and appearance. The content and this website is protected by copyright, trademarks, database and any other intellectual property rights and any such rights. You can only use this site for your own personal, non-commercial use, in order to place orders through the website.
You may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from this website. You may not use this website or its content for any commercial purpose; including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy any account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent from us. Any unauthorised use terminates any permissions granted.
Any comments and or complaints on or about our website shall be sent to email@example.com
PASSWORD AND SECURITY
At the time of your registration you will receive a password. You are responsible for maintaining the confidentiality or your password and account and any activities that occur under your account. We cannot be held liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
LAW AND JURISDICTION
These terms and conditions will be governed by the national law and the parties submit to the exclusive jurisdiction of the national courts in relation to any dispute which may arise between them.