TERMS AND CONDITIONS OF SUPPLY
These supply terms (the “Supply Terms”), together with our Privacy Statement and our website’s Terms and Conditions provide you with information about us and the legal terms and conditions on which we supply any of the products (the “Products”) and/or services (the “Services”) listed on our website (“our site”) to you.
These Supply Terms will apply to any contract between us for the sale of Products to you (the “Contract”). Please read these Supply Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of the Products, you agree to be bound by these Supply Terms and the other documents expressly referred to in it and prior to placing your order you will be required to click an “I Accept” button to demonstrate your acceptance of these Supply Terms.
You should print a copy of these Supply Terms for future reference.
We amend these Supply Terms from time to time as set out in clause 4. Every time you wish to order Products, please check these Supply Terms to ensure you understand the terms which will apply at that time.
These Supply Terms, and any Contract between us, are in the English language, but for convenience versions of these Supply Terms and any Contract between us may be provided in other languages, but the English version shall prevail.
INFORMATION ABOUT US
We operate the website www.muckbootcompany.eu, through which we sell the Products. We are Honeywell Safety Products UK Ltd, a company registered in England and Wales under company number 1093827 and with our registered office and main trading address at Unit 3 Elmwood, Chineham Business Park, Basingstoke RG24 8WG, UK. Our VAT number is GB223472876.
To contact us, please contact our Customer Care Team https://www.muckbootcompany.eu/page/contactus.
USING THIS SITE
Your use of our site is governed by our site’s Terms and Conditions https://www.muckbootcompany.eu/page/termsandconditions. Please take the time to read these, as they include important terms which apply to you.
OUR USE OF YOUR INFORMATION
We only use your personal information in accordance with our Privacy Statement http://honeywell.com/privacy/pages/en.aspx. For details, please see our Privacy Statement. Please take the time to read these, as they include important terms which apply to you.
VARIATION OF THESE SUPPLY TERMS
We may revise these Supply Terms from time to time in the following circumstances:
changes in how we accept payment from you;
changes in relevant laws and regulatory requirements.
Every time you order Products from us, the Supply Terms in force at that time will apply to the Contract between you and us.
Whenever we revise the Supply Terms in accordance with this clause 4, we will keep you informed and give you notice of this by stating at the top of this page that these Supply Terms have been amended and the relevant amendment date.
CONCLUDING A CONTRACT
For information on how to place an order on our site (“Order”), please see our page https://www.muckbootcompany.eu/page/faqs. Please note that after you place your Order, there will be no binding Contract between us until we provide the Dispatch Confirmation.
Our Order process is designed to allow you to check and amend any mistakes before submitting your Order to us. Please take the time to read and check your Order at each page of the process.
By placing an Order for Products on our site, you are ordering the selected Products as they are described on our site https://www.muckbootcompany.eu.
We are under a legal obligation to provide any Products ordered by you in conformity with these Supply Terms.
Ordering of Products
Once you have confirmed your Order you will receive two emails:
The first email will be sent immediately to the email address you provided during checkout, to confirm the Order. You will need this number to track your Order of Products online, or to make a return or exchange at a later date.
The second email will be sent to you once the Order has been processed and the ordered Products have been shipped from our distribution centre. This email will contain a tracking number for your purchase (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with any Products for which you have placed an Order, for example because these Products are not in stock or no longer available, 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 as soon as possible and in any event within fourteen (14) calendar days.
We will request your payment details during the Order process on our site. We accept the following forms of payment: VISA and Mastercard. At this time we cannot accept PayPal, cash, cheques, money orders or bank gift cards.
All orders are subject to bank authorisation prior to processing. Your credit or debit card will be billed once the Order has been processed and the Dispatch Confirmation has been sent to you; Your credit card statement may say The Muckboot Company UK.
The name and billing address you provide must match the name and billing address on record with your credit card company.
CANCELLATION POLICY AND REFUNDS
Part 1. Cancellation by you
You have a legal right to cancel your Order or the Contract (after we have provided the Dispatch Confirmation) during the relevant cancellation period and under the relevant conditions as set out below in clauses 7.2 and 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Products, you can notify us of your decision to cancel the Order or the Contract and receive a refund.
You are entitled to cancel your Order of Products at any time before you receive our Dispatch Confirmation. In such case no Contract between you and us is concluded. If we have taken payment from you, you will receive a full refund of the price you paid for the Products including applicable delivery charges. We will process the refund due to you as soon as possible and in any event within fourteen (14) calendar days of the day on which you gave us notice of cancellation as described in clause 7.9.
Your legal right to cancel the Contract starts from the date of the Dispatch Confirmation, which is the date the Contract between you and us is concluded, and the cancellation period ends at the end of 14 (fourteen) calendar days after the day you receive the Products. For the avoidance of any doubt, no cancellation can be made after such cancellation period. If you cancel the Contract in accordance with this clause 7.3, you will receive a full refund of the price you paid for the Products excluding any enhanced delivery charges insofar as they differ from the standard delivery charges. We will process the refund due to you within fourteen (14) calendar days of the day on which we receive back the Products provided that they comply with the requirements of clause 7.5. To cancel a Contract, please contact us in writing to tell us by sending an e-mail to our Customer Care Team before midday on the following day after you receive our Order Confirmation. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail to us.
If you have returned the Products to us under this clause 7 because they are faulty or not as described, we will refund the price of defective Products in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. You should return the Products in accordance with clause 7.5. We will process the refund due to you within fourteen (14) calendar days of the day on which we receive back the Products, provided that our investigation of the Products identifies that they are defective. If our investigation shows that the Products are not defective, we will return the Products to you. In order to resolve any problems quickly and easily, we encourage you to check to the best of your ability for any defects or discrepancies in the Products at the earliest opportunity after delivery, and notify us of any complaint within a reasonable time after discovery of a problem.
If you want to return Products which have already been delivered to you, you must use the return shipping label included with your shipment. If you return the Products in accordance with clause 7.3, you are responsible for paying the cost of shipment. If you return the Products in accordance with clause 7.4, we will pay the reasonable costs of returning the item to us. The Products must be in new condition and have all packaging material, original tags, labels and gift with purchase in place.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the cancellation policy in this Part I of clause 7 of these Supply Terms.
Part 2. Cancellation or suspension by us
We may cancel the Contract for the sale of Products by writing with immediate effect at any time if you fail to make any payment to us when it is due and you still do not make payment within 7 (seven) calendar days of us reminding you that payment is due, or if you fail to provide us with the information we require to deliver the Products to you in accordance with the Contract. In such case you will only be entitled to a refund for Products you have paid for but not received.
We may suspend or cancel the Contract with immediate effect at any time if we will not be able to sell the Products, permanently or temporarily, due to events outside of our control (e.g. acts of nature, forces) or reasons beyond our reasonable control (e.g. internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or loss of or fluctuations in heat, light, or air conditioning). In such case, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the cancellation or suspension. Provided we do this, we will not be liable for any cancellation or delays caused by such event(s) or reasons. If there is 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.
To cancel your order or the Contract in accordance with your legal right to do so as set out in clauses 7.6, please contact us in writing to tell us by sending an e-mail to the e-mail address set out at https://www.muckbootcompany.eu/contact/. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail to us.
We refund you on the credit card or debit card used by you to make payment.
DELIVERY OF PRODUCTS and Commencement of Services
General delivery of Products
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation and in any event within thirty (30) calendar days.
Delivery will be completed when the Products are delivered to the address you gave us.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
International delivery of Products
We deliver to the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom (the “International Delivery Destinations”). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products. We cannot fulfil orders outside the International Delivery Destinations at this time.
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
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 if you are located outside of the European Union.
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.
The prices of the Products will be as quoted on our site from time to time and the price you agree to pay for a Product will be made clear to you during the order process on our site. We take all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but changes will not affect any Contract, for which we have provided a Dispatch Confirmation or Activation Confirmation.
The price of Products include VAT (where applicable) at the applicable current rate. 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.
The price of Products does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery https://www.muckbootcompany.eu/page/faqs.
We provide a warranty that on delivery and for a period of twenty four (24) months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 10.2. For questions about this warranty, please contact us https://www.muckbootcompany.eu/page/contactus.
The warranty in clause 10.1 does not apply to any defect in the Products arising from:
fair wear and tear; or
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
if you fail to use the Products in accordance with the user instructions; or
unauthorised alterations, repairs or modifications not performed by us; or
use of Products after such Products have sustained damage rendering them unsafe for use for the purpose for which they were designed.
This warranty is in addition to your legal rights in relation to Products that are faulty or not as described.
If you have not purchased the Product directly from us please contact your retailer or any merchant from whom you have purchased the Product to exercise your warranty rights.
OUR LIABILITY TO YOU
We only sell the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise, arising out of or in connection with these Supply Terms:
for any damage suffered due to use of the Products with improper or inadequate fit or compatibility or in combination with any incompatible equipment or ancillary products; or
for any damage suffered due to use of Products after such Products have sustained damage rendering them unsafe for use for the purpose for which they were designed; or
for any damage suffered due to use of the Products other than in accordance with their instructions for use. In particular, the Footwear is not designed to provide protection from snakebites or bites from other wildlife; or
for any damage resulting from events outside of our control (e.g. acts of nature, forces) or reasons beyond our reasonable control (e.g. internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or loss of or fluctuations in heat, light, or air conditioning); or
for any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
for any loss of goodwill or reputation; or
for any special or indirect losses.
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms
Nothing in these Supply Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
COMMUNICATIONS BETWEEN US
When we refer, in these Supply Terms, to “in writing”, this will include e-mail.
If you wish to contact us for any reason other than to cancel as described at clause 7, you can send this to us by e-mail to Customer Care: https://www.muckbootcompany.eu/page/contactus.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.
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 Supply Terms.
You may only transfer your rights or your obligations under these Supply Terms to another person if we agree in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Supply 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.
If we fail to insist that you perform any of your obligations under these Supply 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.
Please note that these Supply Terms are governed by the laws of England and Wales. This means a Contract for the purchase of the Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Alternative dispute resolution (“ADR”) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider. You can submit a complaint to ADR provider “The Retail Ombudsman” via their website at www.theretailombudsman.org.uk. This is an appropriately certified ADR provider and we do not intend to use them. This provider will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Disputes may be submitted online for resolution by the European Commission Online Dispute Resolution Platform at http://ec.europa.eu/odr.