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Terms of Sale

TERMS AND CONDITIONS FOR THE SALE OF GOODS

Definitions and Interpretation
1. In these Conditions, unless the context otherwise requires, the following expressions have the following meanings:
  
  "Business Day"
  
  any day other than Saturday or Sunday or bank holiday;
  
  "Chosen Carrier"
  
  The courier that we elect to use to dispatch the Goods to you;
  
  "Conditions"
  
  the terms and conditions set out in this document;
  
  "Contract"
  
  the contract for the purchase and sale of the Goods, in accordance with these Conditions;
  
  "Delivery Location"
  
  the delivery location set out in the Order or such other delivery location as we may agree with you;
  
  "Goods"
  
  the goods which are to be supplied by us to you as specified in your Order (and confirmed in Our Order Confirmation);
  
  "Month"
  
  a calendar month;
  
  "Order"
  
  your order for the Goods, made via the Website, email or telephone;
  
  "Order Confirmation"
  
  our acceptance and confirmation of your Order in writing;
  
  "Premium Delivery"
  
  our premium delivery option(s), including delivery by a specified time, or direct delivery from the manufacturer or supplier to a delivery location, available for an additional charge over Standard Delivery;
  
  "Price"
  
  the price payable for the Goods, as set out in the Order;
  
  "Prohibited Customer"
  
  has the meaning given in clause 3.4.2;
  
  "Returns Address"
  
  Must Have Ideas, 1023 E Lincolnway, Cheyenne, Wymong, USA, 82001
  
  "Special Price"
  
  a special offer price payable for the Goods;
  
  "Standard Delivery"
  
  our standard delivery method, being delivery within two Business Days of the date of the Order Confirmation by the Chosen Carrier to a delivery location within the United States; and
  
  "Website"
  
  www.musthaveideas.online
2. Each reference in these Conditions to “writing” and any similar expression includes sent by email, but excludes fax or other electronic means.
Information About Us
1. Must Have Ideas, a company registered in England and Wales under, whose registered address and main trading address is The Ideas Factory, Must Have Ideas, 1023 E Lincolnway, Cheyenne, Wymong, USA, 82001.
The Contract
1. These Conditions govern the sale of the Goods by us to you via the Website, email or telephone and will form the basis of the Contract between us and you. Before submitting your Order, please ensure that you have read these Conditions carefully.
2. Your Order constitutes a contractual offer that we may, at our discretion, accept.
3. A legally binding contract between us and you will be created upon us issuing an Order Confirmation.
4. An Order Confirmation shall not be provided:
  1. until payment of the Price (and any applicable VAT and delivery charges) have been received by us in full; or
  2. to a customer who has (or has previously) placed an Order which we believe (in our reasonable opinion) is for commercial, business or re-sale purposes (Prohibited Customer).
5. If we are unable to accept your Order, we will inform you of this in writing and will either offer alternative Goods (subject to your approval), or provide you with a full refund within 14 days of the date of such notice. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the Price or description of the Goods, or because we are unable to meet a delivery deadline you have specified.
Description and Specification of Goods
1. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature and on the Website. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and differences in the colour reproduction of electronic displays. Nothing, however, excludes our liability for mistakes due to negligence on our part.
2. We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract, please refer to clause 8 (Faulty, Damaged or Incorrect Goods).
3. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to us as provided in clause 8 (Faulty, Damaged or Incorrect Goods). If as a result of any such error or omission, you have paid too much, we will refund the excess paid for the Goods. If as a result of any such error or omission, you have not paid enough, we will notify you in writing and you will have the option to purchase the Goods at the correct price or cancelling the Order. If we are unable to contact you using the contact details provided during the Order process, we will treat the Order as cancelled and notify you in writing.
4. We reserve the right to make any changes to the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
Orders – Rights to Make Changes
1. You may change your Order at any time before we dispatch the Goods by contacting us. Requests to change Orders do not need to be made in writing.
2. If your Order is changed we will inform you of any change to the Price when you contact us, and, if requested, we will confirm the change in writing.
3. If you change your mind, You may cancel your Order at any time before we dispatch the Goods by contacting us using any of the methods set out in clause 12 (Communication and Contact Details). Once the Goods have been dispatched, you will no longer have the right to cancel your Order under this clause. This does not affect your statutory rights or your right to return the Goods in accordance with clause 9 (Your Right to Cancel If You Change Your Mind).
4. We may cancel your Order at any time before we dispatch the Goods in the following circumstances:
  1. the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued);
  2. the Order consists of at least 10 of the same Goods being ordered, and we believe (in our reasonable opinion) that the purpose of the Order is for commercial, business or re-sale purposes;
  3. we discover you are a Prohibited Customer following us providing an Order Confirmation; or
  4. an event outside of our control continues for more than three Months (please see clause 11 for events outside of our control).
5. If we cancel your Order under clause 5.4, the payment made to you by us will be refunded to you within 14 days of the date we cancel your Order. If we cancel your Order, you will be informed by us in writing.
Price and Payment
1. The price of the Goods will be the Price.
2. If we offer a Special Price as part of an advertised special offer, the Special Price is only valid for the period shown in the advertisement, or 7 days if not shown. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if we do not provide our Order Confirmation until after the period has expired.
3. Our prices may change at any time but these changes will not affect any Orders that we have already provided an Order Confirmation for.
4. We have made every reasonable effort to ensure that our prices, as shown in our catalogue, on the Website or given verbally by our sales team are correct. The Price will be checked when we process your Order. If the correct price of the Goods is lower than the Price, you will be charged the lower price. If the correct price of the Goods is higher than the Price, we will inform you and ask you how you wish to proceed.
5. The Price is inclusive of VAT and will be subject to VAT. Changes in VAT will not affect the Price where we have already received payment from you.
6. The Price does not include the cost of delivery. We normally offer either a Standard Delivery option or a Premium Delivery option, however please note that your choices may be limited for certain Goods owing to the nature or characteristics of those Goods. The cost of your chosen delivery method will be added on to the final sum due (please refer to your sales representative or the Website for delivery pricing information).
7. Unless we have agreed for our ‘pay later’ service to apply to your Order, in which case payment for the Goods shall be made in three instalments on such terms agreed between us when placing your Order, we require all payments for the Goods to be made in advance before we dispatch the Goods to you.
8. We accept the following methods of payment:
  1. Debit Cards; and
  2. Credit Cards.
    We are no longer able to accept cash or cheques under any circumstances.
9. We do not charge any additional fees for any of the payment methods listed in clause 6.8.
10. Credit and/or debit cards will be charged at the point of making the payment as part of the Order process.
Delivery
1. Please note that delivery is only possible within the United Kingdom.
2. When we send you an Order Confirmation, we will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods and the Delivery Location. In any event, subject to any circumstances beyond our control, and subject to any longer period to which you agree when placing your Order, Goods will be delivered to you no more than 30 days after the date that the Contract is formed (see clause 3.3).
3. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
4. Delivery will be deemed to have taken place when the Goods have been received at the Delivery Location.
5. If for any reason our Chosen Carrier is unable to deliver the Goods at the Delivery Location, the Chosen Carrier will leave a note informing you that the Goods have been returned to the Chose Carrier’s distribution centre, requesting that you contact them to arrange re-delivery, or they will be left in a nominated safe place at the Delivery Location (where applicable).
6. The responsibility for the Goods remains with us until delivery is complete, in accordance with clause 7.4, at which point it will pass to you.
7. You own the Goods once we have received payment in full for them.
Faulty, Damaged or Incorrect Goods
1. By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, in accordance with clause 12 (Communication and Contact Details).
2. Beginning on the day that you receive the Goods you have a period of 12 Months to reject the Goods and to receive a full refund if they do not conform as stated in clause 8.1. Alternatively, you may request a repair of the Goods or a replacement. We agree to fully investigate any alleged defect notified to us by you provided we have received full payment of all sums due and payable to us by you.
3. Subject to clause 8.5, and where we or the manufacturer deem the Goods to be defective, we will bear any associated costs and the third party manufacturer will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. When a replacement is sent to you in advance of us receiving the faulty item you have 30 days to return the faulty item to us. Should you fail to return the faulty item within 30 days we will issue you an invoice for the full amount of the item, plus VAT, at that point in time.
4. Subject to clause 8.5, and where we or the manufacturer deem the Goods to be defective, if you request a repair or replacement during the 12 Month period referred to in clause 8.2, that period will be suspended while the manufacturer carries out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 days remain out of the original 12 Month period, it will be extended to 7 days. If the replacement or repaired Goods still do not conform with clause 8.1, you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the Goods more than six Months after you have received the Goods, we may reduce any refund to reflect the use that you have had out of the Goods.
5. Please note that your rights under this clause 8 shall not apply if:
  1. we informed you of any faults, damage or other problems with the Goods before your purchase of them;
  2. you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose;
  3. the defects arose from you failing to follow our, or manufacturer’s, instructions (whether oral or written) when using the Goods;
  4. if the defect is the result of normal fair wear and tear, misuse or intentional or careless damage or neglect, an accident, adjustments or modifications (or attempts to adjust or modify) by you or by someone else at your request; or
  5. you return the Goods to us under this clause 8 merely because you have changed your mind. Please refer to clause 9 (Your Right to Cancel If You Change Your Mind) for more details in this regard.
6. To return the Goods to us for any reason under this clause 8, you must arrange this with us prior to returning the Goods. You will then be asked to quote your existing Order number which must be clearly labelled on, or inside, the return packaging. Any Goods returned without an Order number may not be accepted.
7. Goods must be returned to us by post or another suitable delivery choice to our Returns Address. We will be fully responsible for the costs of returning Goods under this clause 8 and will reimburse you where appropriate.
8. Refunds (whether full or partial, including reductions in price) under this clause 8 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
9. Any and all refunds issued under this clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
10. For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
Your Right to Cancel If You Change Your Mind
1. Notwithstanding your statutory right to cancel the Contract up to 14 days after the Goods have been delivered to the Delivery Location, in accordance with clause 7.4, you may cancel the Contract and return the Goods to us for any reason within 100 days following the date of delivery of the Goods. If your Order is split into several deliveries over different days, the period runs from the day after the last delivery.
2. If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision in any way that is convenient to you before the 100 day period referred to in clause 9.1 expires. To cancel, please contact us in accordance with clause 12 (Communication and Contact Details).
3. The Order number must be clearly displayed on the outside, or inside, of the returns packaging. The Goods must be returned to us no more than 14 days after the day on which you have informed us that you wish to cancel the Contract under this clause 9.
4. You must return Goods to us in by post or another suitable delivery service of your choice to our Returns Address. For Goods returned under this clause 9, you will be responsible for any postage or shipping costs.
5. Refunds under this clause 9 will be issued to you within 14 days of the earliest of the following:
  1. the day on which we receive the Goods back from you; or
  2. the day on which you inform us (supplying evidence) that you have sent the Goods back; or
  3. if we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
6. Refunds under this clause 9 may be subject to deductions in the following circumstances:
  1. Refunds may be subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this clause 9.6.1, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
  2. We will make no deductions for damage to delivery packaging (i.e. additional packaging into which we have placed the Goods in their original packaging such as bubble wrap and a brown box) but we may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).
  3. Standard Delivery charges will be reimbursed in full along with the Price, however we cannot reimburse any additional costs for Premium Delivery. If you chose a Premium Delivery option when you ordered the Goods, we will only reimburse the equivalent Standard Delivery costs as part of your refund.
7. Refunds under this clause 9 will be made using the same payment method you used when ordering the Goods.
Our Liability
1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Conditions or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2. We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. Nothing in these Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
4. Nothing in these Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control
1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic/pandemic or other natural disaster, or any other event that is beyond our reasonable control.
2. If any event described under this clause 11 occurs that is likely to adversely affect our performance of any of our obligations under these Conditions:
  1. we will inform you as soon as is reasonably possible;
  2. our obligations under these Conditions will be suspended and any time limits that we are bound by will be extended accordingly;
  3. we will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary;
  4. if the event outside of our control continues for more than 3 Months we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible; and
  5. if an event outside of our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
Communication and Contact Details
1. If you wish to contact us in connection with the Contract, you may contact us by:
  1. telephone on 0800 999 66 55;
  2. email on hello@musthaveideas.online; or
  3. post at The Ideas Factory, New Hythe Lane, Aylesford, Kent, ME20 6WT.
2. If we need to contact you, or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address or email address you provide in the Order.
Complaints and Feedback
1. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
2. If you wish to complain about any aspect of your dealings with us, please contact us in accordance with clause 12 (Communication and Contact Details).
How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in our Privacy Notice, available on the Website using the following link – https://musthaveideas.online/privacy-policy.
Other Important Terms
1. We may transfer our obligations and rights under these Conditions (and under the Contract, as applicable) to a third party. If this occurs, you will be informed by us in writing. Your rights under these Conditions will not be affected and our obligations under these Conditions will be transferred to the third party who will remain bound by them.
2. You may not transfer your obligations and rights under these (and under the Contract, as applicable) without our express written permission.
3. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Conditions.
4. If any of the provisions of these Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Conditions. The remainder of these Conditions shall be valid and enforceable.
5. No failure or delay by us in exercising any of our rights under these Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Conditions means that we will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction
1. These Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed exclusively in accordance with the law of England and Wales.
2. Any dispute, proceedings or claims between you and us relating to these Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.