Terms and Conditions
BY ORDERING PRODUCTS FROM THIS WEBSITE, YOU CONFIRM THAT YOU ACCEPT OUR TERMS & CONDITIONS
1. Interpretation
The definitions and rules of interpretation in this clause apply in these terms and conditions.
1.1 Definitions:
Matt Buckingham: care of Muddy Publishing Limited (MPL)
MPL: Muddy Publishing Limited, Company Registration Number 06528458, 117 Crewe Road, Alsager, Stoke-on-Trent, Staffordshire, ST7 2JE.
Artefacts: all products and materials developed by Matt Buckingham care of Muddy Publishing Limited (MPL) in relation to the Project in any media, including, without limitation, images, illustrations, logos, prints, cards, books and publications .
Business Day or Working Day: means a day (other than Saturday or Sunday) on which banks are ordinarily open for business in the City of London.
Customer: the person, firm or company who purchases from Matt Buckingham care of Muddy Publishing Limited (MPL).
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
MPL’s Project Manager: MPL’s manager for the Project, appointed in accordance with condition 4.3.
Pre-existing Materials: materials which existed before the commencement of the Project.
Proposal: MPL’s initial proposal produced for the Client based on the Brief.
Services: the services to be provided by MPL under the Contract including but not limited to the development of the Artefacts and server hosting and testing.
Short Project: any Project that is a sole, short term project and which shall be payable in accordance with clause 7.3.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.8 A reference to writing or written includes faxes and email.
1.9 References to clauses are to the clauses of this agreement.
2. Proposals and purchase orders
3.1 Proposals are not legally binding. They are estimates of the Services to be provided only and of the costs to be incurred (unless otherwise confirmed in writing by a director of MPL based on the Brief. They shall be available for acceptance for period of 20 Business Days unless otherwise confirmed in writing by a director of MPL. Proposals may be withdrawn by MPL Agency at any time during this period by notice from MPL.
3.2 The Client’s purchase order constitutes an offer by the Client to purchase the Services specified in it on these conditions; accordingly, the execution and return of the acknowledgement copy of the purchase order form by MPL, or MPL’s commencement or execution of work pursuant to the purchase order, shall establish a contract for the supply and purchase of those Services on these conditions. The Client’s standard terms and conditions (if any) attached to, enclosed with, or referred to in, the purchase order shall not govern the Contract.
3.3 MPL reserves the right to refuse to accept any purchase order.
3. Charges and payment
3.1 All prices are shown in Pound Sterling and exclude postage & packaging fees. The cost of production & packaging materials vary and we therefore reserve the right to change product prices without prior notice. This does not apply to orders already placed & paid in full.
3.2 All orders will be processed & despatched upon receipt of payment.
3.3 We accept online payments by credit or debit cards using a secure encrypted payment gateway provided by Worldpay Group. For customers with a PayPal account, we offer the option to use your Paypal balance. We also offer an independent third party payment processing option via Stripe.
4. Intellectual Property Rights
4.1 All Intellectual Property Rights in the Artefacts (including in the content of the any website and related software), but excluding the Pre-existing Materials, arising in connection with the Contract shall be the property of Matt Buckingham care of MPL.
4.2 The Client shall indemnify MPL against all damages, losses and expenses arising as a result of any action or claim that the Pre-existing Materials (or any other materials provided to MPL by the Client) infringe the Intellectual Property Rights of a third party.
4.3 MPL shall indemnify the Client against all damages, losses and expenses arising as a result of any action or claim that the Artefacts produced by MPL under the Contract infringe any Intellectual Property Rights of a third party in the UK, other than infringements referred to in clause 9.2.
5. Online Purchases
5.1 All orders are subject to acceptance, if an order is accepted for which there is no current stock you will be contacted by email and will have the option either to wait until the item is available from stock or to cancel your order.
5.2 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from muddypublishing.com.
5.3 Please note that your order will become a legally binding contract entered in between us upon dispatch of your order.
5.4 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MPL reserves the right at any time after receipt of your order to accept or decline your order for any reason. MPL reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
5.5 The contract between you and MPL will be completed on the dispatch of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
5.6 We reserve the right to reject any offer to purchase by you at any time.
5.7 All details, descriptions and prices of products appearing on the MPL Shop are correct at the time of input. Although we aim to keep the website as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.
6. Payment
6.1 All prices are correct at the time of entering information. You will receive an electronic confirmation of receipt of your order via email. Payment can be made by any of the specified Payment Methods. Payment will be debited and cleared by PayPal online payment services.
6.2 You confirm that the credit/debit card that is being used is yours.
6.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
6.4 All orders are ‘encrypted’ to ensure safe transmission to us. We utilise secure server software (SSL) through Let’s Encrypt to ensure your information cannot be read as it travels over the Internet.
7. Shipping
7.1 If your order arrives and is damaged please ensure you do the following:
a) take photos of the damage to the outside of the packaging before opening it
b) take photos of any damage to the item inside the package
7.2 Where a courier/Royal Mail is responsible for damage in transit you should lodge a complaint with them and notify MPL. We do not accept damage in transit caused by couriers or Royal Mail (but will assist you with a claim, where possible).
8. Guarantee
8.1 All books, artwork, cards and prints supplied by Matt Buckingham care of MPL are covered by a 14-Day Money Back Guarantee. This covers the item cost only, not shipping costs. If, for any reason, you do not wish to keep the item you receive, you should email mail@muddypublishing.com stating your reasons for wishing to return it. The 14 day guarantee starts from the confirmed date of delivery. Successful guarantee claims are paid within 14 days of confirmation.
8.2 If you are returning the item as you believe it was damaged before shipping, you will be asked to supply photographic evidence of the unopened packaging.
8.3 When you open your package please be very careful not to damage the item inside. Do not use sharp knives or blades to open the packaging.
8.4 Important – if returning an item and requesting a refund under this guarantee, you must return the piece in the same condition it was sent. Items that are returned damaged or marked may not be eligible for a full refund. If in any doubt please contact before returning. You are responsible for ensuring that the packing is sufficient to provide adequate protection.
9. Undelivered / Returned Packages
9.1 It is the customer’s responsibility to make sure the delivery address is entered in full (including flat number, security entry code etc.), and that the address is complete and post code correct at the time the order is placed. When the delivery address is a company address, the company name must also be entered, along with the name of the recipient.
9.2. If your products are returned back to us, we reserve the right to charge you for the costs incurred for the shipping of your parcel.
9.3. Should you decide to have your order re-sent, please note we will request payment of the applicable shipping fee, before sending your order for the second time. For orders over 2 kg sent by our courier, this will be £6.95, orders below 2 kg dispatched by Royal Mail will be charged at £3.25.
9.4. Should you decide to request refund, we will refund the cost of the products only, minus the actual cost we’ve incurred for the shipping, either £3.25 (orders below 2 kg sent with Royal Mail) or £6.95 (order over 2 kg sent with Hermes or Parcelforce).
10. Dispatch of Orders
10.1. Some products are made to order. Please allow up to 3 working days for your order to be processed & despatched.
10.2. We do our utmost best to dispatch all orders within 2-3 working days – using either Royal Mail (smaller orders) or Hermes (larger orders), and in most cases orders are delivered within 3 working days. However, please note that we are not able to guarantee delivery times/dates and accept no resposibility for loss resulting from delivery delays.
11. Returns
11.1. If you change your mind and wish to return a product, you must notify us of your intention within 7 days of receiving your order.
11.2. All return costs will be the customer’s responsibility, unless you are returning a faulty product.
12. Damaged / Incorrect Goods
12.1. We must be notified of incorrect, missing or damaged products within 3 days of receipt.
12.2. We accept no responsibility for goods damaged in transit, though it is at our discretion that we may send you a replacement.
13. Cancellations
13.1. You may cancel your order at any time before dispatch.
13.2. Cancellations after your order has been despatched must be done within 7 days from receipt. You will be required to return the products in re-saleable condition and at your own cost.