TERMS AND CONDITIONS OF SALE
• These Conditions are subject to change at any time without notice.
• It is your responsibility to check these Conditions regularly before ordering Products in case changes have been made.
• If you do not agree with these Conditions do not use or access this website. Your use of our website constitutes your agreement to follow and be bound by these Conditions.
• If you have any queries relating to the Conditions, please contact our Customer Service Team before placing an order.
• You agree that if you break these Conditions or any liabilities are incurred owing to your use of this website, you will be responsible for all costs and expenses that We, our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (where applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
1. INFORMATION ABOUT US
1.1 www.ted&muffy.com is a website operated by Elitehill Trading Limited (we). Ted&Muffy is the trading name of Elitehill Trading Limited. We are registered in England and Wales under company number 02706610 and with our registered office at 69-71 East Street, Epsom, Surrey, KT17 1BP. Our VAT registration number is 601191096.
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 If you decide to order some of our Products from this website, you can select the Products to be ordered, which will be included in your “basket”. At this point, this website will link with our stock database to confirm whether the selected Products are available in stock (any order is subject to availability). You will then be requested to submit your personal and credit card details, but you will not be charged for the Products as yet. After placing an order, you will receive an order confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to cheque clearing or credit card approval and to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). The contract between us (Contract) will only be formed, and you will only be charged, when we send you the Despatch Confirmation.
3.2 Before placing an order a window will appear on the screen asking you to confirm the order and the information provided to us, so you can correct input errors before placing your order.
3.3 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
4. LINKS TO THIRD PARTIES WEBSITES
4.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5. CONSUMER RIGHTS
5.1 You may cancel a Contract at any time within 14 days, beginning on the day after you received the Products in accordance with our returns and refunds policy set out in Clause 9 below. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns and refunds policy set out in Clause 9 below.
5.2 To cancel a Contract, you must inform us in writing using our returns form and return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk as set out in Clause 9 below. 5.3 This provision does not affect your statutory rights.
6. AVAILABILITY AND DELIVERY
6.1 Subject to Products availability, Ted&Muffy aims to deliver goods within 7 working days of receipt of order for UK Standard deliveries, 1 working day of receipt of order for UK Express Deliveries, 7 working days of receipt of order for deliveries outside of the UK within the EU, and 10 working days of receipt of order for Non EU and Rest of world Countries. Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Despatch Confirmation, unless there are exceptional circumstances out of our control, as specified in Clause 15. Your credit card will not be debited with the transaction until your goods are ready for despatch and you receive the Despatch Confirmation. However, for multiple orders, we may charge you upfront for the costs for the delivery of Products that you ordered but are temporarily out of stock. In this case, you will not be charged upfront for such Products until they become available and are despatched to you.
6.2 We have tried our utmost to portray the detail, colours and leather texture of the footwear correctly. However, due to photographic variation and computer settings please allow for slight variation.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery. 7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due for each Product ordered as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be in pound sterling, euros or dollars (depending on your location) by postal order or credit card. We accept payment with Visa, Mastercard, Visa Delta, Maestro/Switch and Electron.
9. YOUR RIGHT TO CANCEL
9.1 Ted&Muffy allows you to cancel your order up to 14 days after the day you receive your goods.
9.2 Ted&Muffy expects receipt of the goods, in a re-saleable condition, within 14 days after the day you receive them, should you require an exchange or refund. In the event your have notified us in writing that you wish to cancel your contract within the 14 days after the day you receive your goods, Ted&Muffy allows a further 7 days for the goods to reach us, in a re-saleable condition.
9.3 You are responsible for the cost of returning your item(s) unless you received an incorrect or faulty item.
9.4 If you have paid a delivery charge, and the goods were delivered to a destination within the European Union, if you cancel your whole order, we will refund the standard shipping cost. If you paid for an express service, only the standard delivery cost will be refunded.
9.5 Your cancellation rights are in accordance with the EU Directive on Consumer Rights.
9.6 The regulations do not apply to orders placed in store.
9.7 Our terms and conditions do not affect your statutory rights
10. OUR RETURNS AND REFUNDS POLICY
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with Clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund or exchange via e-mail within a reasonable period of time. We try to process returns as soon as they arrive. However, during very busy periods, please allow 10 days for your refund or exchange to be processed. We will usually refund any money owed to you using the same method originally used by you to pay for your purchase.
10.2 If you are not completely satisfied with your mail order purchase you can return your order to us at any time within 14 days of receipt, for a full refund on the cost of the Products or an exchange. Exchanges are subject to availability. Products must be returned unworn and undamaged in their original packaging with the original purchase receipt. We cannot accept returns on hosiery products once packs have been opened for hygiene reasons, nor can we accept returns of used product care items. Please note that you are welcome to drop your unwanted goods off at Ted&Muffy's Bath shop, but shop staff will be unable to action the refund/exchange on site.
10.3 To return: complete the Returns Form on the rear of your Ted&Muffy receipt indicating clearly whether you would like an exchange or a refund. Slide the product (in its box and with the tissue paper intact) into the mailout bag and seal using the glue strip provided. If you are returning hosiery or product care accessories on their own, please ensure they are suitably packaged and protected (such as in an A5 jiffy bag). Using the cut out returns label from your despatch note, or the label provided by your chosen carrier, attach it to the outside of your parcel, covering the label containing your original delivery address where applicable. Return your parcel following the instructions included in your parcel or take your parcel to the nearest post office and post.
10.4 All Ted&Muffy Products are checked for quality before they are sent to you. Customers can expect Ted&Muffy boots and shoes to remain of satisfactory quality throughout their reasonable life expectancy, so long as they are maintained correctly and not misused. Footwear should only be fitted on carpet for protection. Returned goods found to be worn, damaged, marked, soiled or scratched will not be refunded or exchanged. Ted&Muffy cannot guarantee against standard wear and tear and we reserve the right to seek a second opinion from an independent body when defect inspections are required. If the product is deemed to have a manufacturing defect or is not fit for purpose we will offer an exchange or refund. If the product has been worn and is deemed to have a minor fault within 6 months of purchase, we will usually make a repair. If we are unable to repair the product, we will exchange or refund, at our discretion. Ted&Muffy will assess each repair claim independently. Your statutory rights are not affected.
10.5 Removal of footbeds and replacement with different soles or changing the heel will invalidate Ted&Muffy’s guarantee of reasonable wear and tear. Ted&Muffy boots and shoes are not designed to take any other soles or heels other than it's own. Please note that Ted&Muffy footwear is not manufactured for use with orthotics which can result in abnormal wearing of soles, we therefore regret to inform you that the use of orthotics in our footwear negates guarantees to soles, zips and stitching.
10.6 Returned Products must be in their original packaging. We reserve the right to deduct the value of repackaging for any Products not returned in their original packaging. All returns should be accompanied by original documentation for credit purposes, and clearly state the reason for return. Refunds or exchanges will not usually be given for Products returned without a Ted&Muffy returns form and full adherence to our terms and conditions.
10.7 You must take reasonable care of the goods up until they reach us. We recommend using our return service, where available, as advised on your despatch note; or an alternative insured service, for your piece of mind. We cannot be held responsible for goods lost in transit. Postage charges for returned Products are the full responsibility of the purchaser, and are non refundable by Ted&Muffy.
10.8 In the case of an exchange, any applicable postage charges to deliver the new item to the purchaser are the full responsibility of the purchaser and are non refundable by Ted&Muffy.
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and fit for purpose.
11.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
11.3 This does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation;
or 11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. IMPORT DUTY AND BANK FEES
12.1 If you order Products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. In some countries, additional charges may also be applied, such as a handling fee. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12.3 When dealing with overseas transactions, some banks/credit card providers may add a further fee based on the value of a transaction. Ted&Muffy will only ever charge the price displayed at the checkout and has no control over such fees and Ted&Muffy does not accept liability for the fees or for the customer claiming a refund of these fees from Ted&Muffy.
13. WRITTEN COMMUNICATIONS
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to us must be given to Ted&Muffy at Vallis House, Vallis Road, Frome, Somerset BA11 3EG. United Kingdom.We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event), including (without limitation) the following: 16.1.1 Strikes, lock-outs or other industrial action.
16.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.1.5 Impossibility of the use of public or private telecommunications networks.
16.1.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the 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 compliance with such obligations. 17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 17.3 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 in accordance with Clause 13.
18.1 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.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us 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.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time. 20.2 You will be subject to the policies and terms and conditions in force and posted onto our website at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
21.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
TERMS FOR THE USE OF THIS WEBSITE
1. INFORMATION ABOUT US
1.1 www.tedandmuffy.com is a website operated by Elitehill Trading Limited (we). Ted&Muffy is the trading name of Elitehill Trading Limited. We are registered in England and Wales under company number 02706610 and with our registered office at 69-71 East Street, Epsom, Surrey, KT17 1BP. Our VAT registration number is 601191096.
2. ACCESSING OUR SITE
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. PROHIBITED USE
3.2 You also agree: • Not to reproduce, duplicate, copy or re-sell any part of this website; • Not to access without authority, interfere with, damage or disrupt any part of our website, any equipment or network on which the website is stored, any software used in the provision of our site, or any equipment or network or software owned by any third party.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5. RELIANCE ON INFORMATION POSTED
5.1 We have tried at our outmost to portray the details, colours and leather texture of the footwear correctly. However, due to photographic variation and computer settings, please allow for slight variations.
6. OUR LIABILITY
6.1 To the extent permitted by law, we hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data; o loss of goodwill;
o wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.2 The above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. INFORMATION ABOUT YOU AND YOUR VISIT TO OUR SITE
8. CONTRACTS CONCLUDED THROUGH THIS WEBSITE
Contracts for the supply of Products formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
9. LINKS FROM THIS WEBSITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. TRADE MARKS
Ted&Muffy and Ted&Muffy’s Logo are UK registered trade marks of Elitehill Trading Limited.
12. JURISDICTION AND APPLICABLE LAW
13."WIN YOUR DREAM PAIR" COMPETITION
13.1 Entries to the competition will only be accepted via Facebook, Twitter and Instagram.
13.2 Entries must follow the exact instructions displayed on the post.
13.3 The closing date for receipt of entries is midnight on 23 Aug 2015.
13.4 Winners are selected at random and will be notified within the first three days after the competition has ended.
13.5 The winner will be notified by private message.
13.6 The winner will receive one free pair of Ted&Muffy boots or shoes taken from the current collection displayed online at www.tedandmuffy.com. The exact prize depends on the availability at the time of winning.
13.7 No purchase is necessary and no cash alternative is offered. Only one entry per person will be accepted.
13.8 Ted&Muffy is not responsible for any inability of the prize-winner to take up the prize. Ted&Muffy reserves the right to suspend, change or terminate the competition at any time, and for any reason, without notice. Entry to the competition implies acceptance of all relevant terms and conditions by the entrants.