Terms & ConditionsTerms and Conditions
These terms and conditions (the "Terms"), together
to in these Terms, will apply to all orders placed with Maggotdrowning.com
("We", "Us", "Our") by any person or organisation
("You", "Your") for products ("Products") on Our
websites (currently at www.maqggotdrowning.com ("Maggotdrowning
Website") and www.maggotdrowning.com/store ("Merchandise Stores
Website") (together the "Websites"), over the telephone or by
email. These policies and Terms will together form the "Contract" and
will apply to the exclusion of all other terms (such as terms implied by trade
or course of dealing). Please ensure that You have not relied on any statement,
representation or comment made by Us in entering the Contract as these will not
form part of the Contract.
Please read the Terms carefully before You place any orders with
Us as they explain important information about the basis on which We sell
Products to You. You should print and save a copy of the Terms for Your
By placing an order with Us, You agree to be bound by the Terms. If You do not accept the Terms, You should not order any Products from Us.
We may change the Terms from time to time so please read the terms carefully each time You place an order with us.
1. CONTRACT FORMATION
To purchase Products through the Websites, the process is
You must select the Products you wish to order (from the MAGGOTDROWNING.COM
Website) and add them to Your basket;
when you choose to go to the checkout, You will be guided
through the checkout process. If you want to correct any errors You have made,
you can do so during this process and We encourage You to check carefully as
You will be unable to make changes to Your order once submitted;
Your order is placed when You click on the "Confirm
order & Pay" button at the end of the checkout process;
an automated message will appear on the Website
immediately after You have placed Your order. This is not an acceptance of Your
We will send You an email acknowledging Your order. Your
order has still not been accepted at this point;
We will then send You an email confirming that We accept
Your order ("Acceptance Email"). At this point, a binding
contract is formed between You and Us save that Our acceptance will be
conditional on receiving full payment for the Products
We will send You a further email when We are ready to
despatch Your Products.
The contract will be concluded in English.
You can also order Products by email. Any such email
orders shall constitute an offer by You to purchase Products on these Terms.
Orders cannot be accepted over the phone. Your order will only be accepted when
We send You an Acceptance Email.
4. If We are unable to supply You with a Product, for example because that Product is not in stock or no longer available, We will inform You of this by email or telephone and We will not process Your order.
We will deliver the Products to the address specified by
You when placing Your order (the "Delivery Address") so long
as You provide a valid address for delivery. The delivery method We use may
depend on the Delivery Address and the number of Products You order and delivery
practices may vary from one carrier to another.
We aim to deliver Products within the indicative
timescales shown on the Website. However, time is not of the essence for
delivery or performance and, all delivery dates specified on the Website and in
any correspondence are estimates only. This means that We will not be
responsible if Products are delivered outside of those times and We will not be
liable for the consequences of any delay. If We are unable to deliver the
Products within the indicated timescale, We will use reasonable efforts to let
You know and give You an amended delivery estimate. We strongly advise that You
order Products well in advance of the date by which they are required.
We will notify You by email when the Products are
dispatched to let You know what date the Products will be delivered. The
carrier will then be in touch with more detailed delivery information. You need
to ensure that if You are not available to take delivery of the Products at the
time the carrier specifies, you rearrange delivery with the carrier (e.g. so
that the Products are delivered the next day or to a neighbour).
If the carrier is unable to deliver the Products to You We
reserve the right to charge You for the cost of redelivering the Products (at
the same price as the original delivery method). If We do so, You will need to
pay this redelivery cost before We will deliver the Products.
Please take care of the Products when You receive them.
The Products will be at Your risk from the time of delivery.
If You order more than one Product, We may deliver the
Products in multiple instalments.
7. If You are a business customer and We fail to deliver the Products, Our liability will be limited to a full refund of the price paid under the Contract for the Products (inclusive of all additional costs paid by You in accordance with clause 5) and the delivery costs.
We deliver to the countries listed within our ‘Delivery
The price of the Products are as published on the Website
when We receive Your order. Prices are displayed inclusive of VAT. All prices
are in pounds sterling however the option is available to display priced in
Euro’s. The exchange rate calculated within the store at £1.00:€1.40
Delivery charges are shown separately. All applicable delivery charges are as stated on the Website (and shown on the final checkout page for Your order) or as specified over the telephone or by email at the time You place Your order. .
Prices for the Products may change from time to time, but
changes will not affect any order You have already placed.
We sell a large number of Products and it is possible that
some of Our Products may be incorrectly priced on the Websites. If We discover
an error in the price of the Products You have ordered, We will contact You to
inform You of this error and We will cancel Your order. If You are happy to
order the Products at the correct amended price, please place a new order for
the Products. We will refund any payment You have already made If We are unable
to contact You using the contact details provided during the ordering process
within 7 days of discovering the pricing error, We will treat the order as
cancelled and notify You by email. Please note that if the pricing error is
obvious and unmistakeable and could have reasonably been recognised by You as a
mispricing, We do not have to provide the Products to You at the incorrect
We accept payment by Visa, Visa Delta, Visa Electron,
Mastercard, Maestro, American Express, PayPal, cheque or personally in Cash.
Please be aware that Our acceptance of Your order is conditional on receiving
full payment for the Products and therefore We will not process Your order
until payment has been received. Where You pay by debit or credit card or
PayPal, full payment will be taken at the time of placing Your order. Taking
payment does not constitute acceptance of Your order and Your order will only
be accepted in accordance with clause 1.1(f).
You do not have a legal right to cancel Your order where
You have ordered personalised Products or where You order Products as a
business customer. The Products on the Merchandise Stores Website are deemed to
be personalised products as they are made on a bespoke basis and have been
designed as personalised products by merchandisers.
Where You are a consumer and place an order for blank
Products (i.e. Products that You choose not to personalise on the MAGGOTDROWNING.COM
Website), You have a legal right to cancel Your order without giving any reason
at any point within 14 days of the day after You receive the Products. Please
note that unless You exercise Your right to cancel immediately after placing
Your order, it is unlikely that We will be able to stop Your order from being processed
and despatched to the carrier, and You may need to exercise Your right to
cancel in the same way as if You were to do so on receiving the Products. To
. You must let Us know that You wish to
cancel by contacting Us to tell Us using any of Our contact details set out in
paragraph 13. You should keep evidence of having given notice of cancellation,
such as an e-mail receipt or fax confirmation report; and
You must return any Products delivered to You to Us (at
Your own risk and cost) within 14 days of notifying Us that You wish to cancel
by sending them (by recorded delivery or courier)
The Products must be returned unused with the original
Where You choose to cancel Your order under clause 7.2, We
will ordinarily refund the full purchase price of the Products together with
the standard delivery charge paid within 14 days of receiving the returned
Products or proof of postage of the same. We will only refund the cost of
standard delivery. Please note that if You only want to return some Products
but keep the rest of Your order, You may not be entitled to a refund of the
delivery charge and You will only ever be entitled to a refund of the delivery
charge that specifically relates to the cancelled Product(s). You must take
care of the Products before You return them to Us. We may reduce the amount We
refund to You if You use them, damage them, or otherwise do something beyond
what is reasonably necessary to examine them that reduces their resale value.
We will not be obliged to give You a refund if We do not
receive the cancelled goods back so We recommend that whenever You return a
cancelled Product to Us, You do so either by recorded delivery or courier so
that You have proof of posting.
We warrant that the Products that We supply will
materially comply with the main characteristics stated in their Product
description on the Website (including the brand, colour, measurements, style
and material of the Products) (the "Description"). Please note that
Colours and appearances of Products and Artwork on computer, tablet or mobile
device screens may vary slightly and may not accurately reflect the Products or
the Artwork delivered. Any slight variations in the colour of the Products
(including slight variations in the colour of Artworks) will not count as a
material deviation from the Description. Please also make sure that You are
happy with the measurements given on the Website for Products before You place
Your order as sizes differ between brands and a problem with the size of
Products will not count as a defect or fault unless the Products differ
materially from the sizes given in the Description.
If You are not happy with the quality of a Product, feel
that there is a fault with a Product, or believe that a Product does not
materially comply with its Description, please contact Our customer services
team by submitting an enquiry on the 'Contact Us' form of the Website. We will
inspect the Product and if We accept that there is a default, fault or material
variation from the Description We will either replace it or refund the full
purchase price for the Product (including any delivery charge, the extra
charges set out in clause 5.2 and Your cost of returning the Products to Us).
Your right to a refund or replacement will be conditional on the defect or
fault not having been caused by usual wear and tear, deliberately or
accidentally, or by Your negligence and that the Product has not been misused,
altered or repaired without Our approval and is subject to You returning the
Product to Us at the address set out in clause 5.2(b) within a reasonable
If, on inspecting the Product, We find that there is no
defect, fault or material deviation from the Description, Your right to receive
a refund is limited to Your legal right to cancel as set out in clause 5.2 (if applicable).
We will contact You to let You know if this is the case and You will be
required to collect the Product or pay for Us to re-deliver the Product.
Any refund or replacement under this clause 8 will be
issued as soon as possible and in any case within 30 (thirty) days of You
returning the Product to Us.
Whenever You return a Product to Us because You believe it
is faulty, defective or does not comply materially with its Description We ask
that You do so either by recorded delivery or courier so that You have proof of
posting. We will not be responsible for any Product that is lost or damaged in
This clause 7 will apply to business customers only.
Nothing in these Terms will limit or exclude Our liability for:
. death or personal injury caused by our
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 12 of the Sale of
Goods Act 1979 (title and quiet possession).
Neither We nor You will have any claim for innocent or
negligent misrepresentation or negligent misstatement based on any statement in
Subject to clause 7.1, We will, under no circumstances, be
liable to You, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, arising under or in connection with the Contract
. any loss of profits, sales, business, or
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 9.1, Our total liability to You in
respect of all losses arising under or in connection with the Contract, whether
in contract, tort (including negligence), breach of statutory duty, or
otherwise, shall in no circumstances exceed the total amount paid under the
5. Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for Your (or Your business') purposes.