Terms & conditions

Introduction

This website www.poshmuckerz.co.uk (“Our Website”) is owned and operated by Posh Muckerz Ltd, a company established in England and Wales with Company registration 11517963, with registered office address at Church Farm House, Church Lane, South Stainley, Harrogate, HG3 3NE.

‘Posh Muckerz or ‘us’ or ‘we’ means Posh Muckerz Ltd. ‘You’ means the person whose order is accepted by Posh Muckerz Ltd. The ‘Recipient’ means the person who receives the purchase bought through Our Website or in person.

If you want to ask us anything about these Terms & Conditions or have any comments on or about Our Website, please e-mail us via the ‘Contact Us’ page which appears on the bottom of this website.

These are the Terms & Conditions (“terms”) on which we supply products to you. These terms, our Website Terms of Use and our Privacy & Cookies Policy incorporate our privacy policy and set out the basis on which you can visit and use the Posh Muckerz website. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please ‘Contact Us’ to discuss.

Our contract with you

Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is 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 product or because we are unable to meet a delivery deadline you have specified.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK, unless specifically agreed in advance by us in writing.

Price and products

We take care to ensure prices, product information and the content of Our Website (including product descriptions, colour charts, photographs and sizing guides), as displayed on Our Website are accurate at the time of publishing. We cannot accept responsibility for any omissions or errors in this information. 

All prices are shown in Pounds Sterling and include standard post and package charges. Prices may change over time. All prices are displayed including VAT.

We will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on Our Website. In the event of an error or other content related issue, we reserve the right to correct such error without notification. We also reserve the right to cancel any order that may have been made with such error.

Our rights to make changes

We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.  These changes will not affect your use of the product.

Vouchers and coupon codes

Where relevant, only one coupon code is allowed per order and it must be entered correctly in the “Coupon Code” box at the checkout page. When entered correctly, the coupon code/gift voucher or discount code will show in your basket.  A coupon code/gift voucher or discount code cannot be provided if it has not been entered at the checkout section or after the order has been confirmed.

When a coupon code requires a minimum spend, the minimum spend includes VAT and standard delivery fees. When returning items from your order, if a discount code has been used, your order no longer qualifies, thus the value will be deducted from your refund; if you used a free gift coupon and your order no longer qualifies, the free gift must be returned or it’s value will be deducted from the refund. When a coupon code provides a free gift, the free gift is not eligible for exchange or refund.

Codes cannot be used in conjunction with any other offers. Codes are valid for a specific period of time and may be limited to certain product categories. 

Orders and dispatch confirmation

Once you place an order with us, we will send you an e-mail acknowledging the details of your order. This e-mail is not an acceptance of your order, just a confirmation that we have received it and we are processing it. We may refuse to accept a transaction for any reason to anyone at any time at our sole discretion without any liability.

Acceptance of your order and completion of the contract between us will happen when we e-mail you a Dispatch Confirmation stating the products have been dispatched. The sale contract is therefore concluded in England and the language of the contract is English.

Orders are usually processed as soon as possible after they are received. Orders are dispatched on Mondays through to Fridays except on Bank Holidays.  Once an order has been placed, we may not be able to stop it being dispatched, even if you have not received your Dispatch Confirmation or you e-mail us to cancel your order immediately after placing it. We will be happy to assist you return your order once you have received it. Please see the sections on Changes, Cancellations and Returns.

If an item is out of stock or cannot be delivered for whatever reason, we will contact you to confirm this. If the order comprises of multiple products, some of the products may be dispatched under a separate cover. If this happens you will be notified via e-mail.  We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes.
(b) update the product to reflect changes in relevant laws and regulatory requirements.
(c) make changes to the product as requested by you or notified by us to you.

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product after you end the contract

Payment

You can pay for your purchases by ApplePay, PayPal or credit/debit card through Our Website.  At trade shows credit/debit cards, cheques and cash will be accepted as payment. Select the appropriate payment method when placing your order on Our Website. We accept payment by all major credit/debit cards. Please ensure that the details you enter are correct. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to Posh Muckerz Ltd, we will not be liable for any delay or non-delivery of products.

We retain the legal ownership of all products until full payment has been made by you and received by us. Legal ownership of the products will immediately transfer back to us if we refund any payment for the products to you. Risk of the product transfers to you and the product becomes your responsibility upon delivery to the address you gave us.

Delivery

The costs of delivery will be as indicated to you on Our Website.

We currently deliver to mainland UK customers only. We do not deliver to P.O. Boxes or BFPO. We use the Royal Mail ‘Signed For’ service to deliver goods. It is not possible to pick up orders from our business premises.

We offer the following delivery options:

We will deliver products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If we are unable to deliver them within 30 days after the day on which we accept your order we will contact you with an estimated delivery date.

For security reasons, parcels will require a signature on receipt. If you are unable to be at home to receive your delivery, please provide a secondary delivery address where someone will be available to sign for your parcel. Anyone at the specified delivery address may sign for the parcel.

If no one is available at your address to take delivery, a note informing you of how to rearrange delivery or collect the products from a local Royal Mail delivery depot will be left. If after a failed delivery to you, you do not re-arrange delivery or collect the parcel from a delivery depot we will contact you for further instructions. We may charge you for storage costs and costs incurred in re-sending the parcel will be met by you and will have to be paid in full before delivery can be scheduled.

If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

We may need certain information from you so that we can supply the products to you, for example, name and address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Changes or corrections to addresses cannot be made once the order has been placed. If the address provided for delivery is incorrect, we are not responsible for the non-delivery or loss of your order. All our deliveries have a return address label and any parcels that are undelivered and returned to us due to incorrect address might incur a charge. This charge will be added to your order cost and all costs incurred for re-delivering the parcel to a corrected address must be paid by you.  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but 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.

The Royal Mail ‘Signed For’ service provides an online Track & Trace tool which allows customers to track their delivery.  You can also view the receiver’s signature online. In the unlikelihood that a parcel goes astray, a claim cannot be made for 7 working days (excluding Bank Holidays). A refund will not be paid out until this time has elapsed and all efforts to find your parcel have been unsuccessful. We are not responsible for any damage incurred by a customer due to delayed or lack of delivery of goods regardless of the method of delivery.

If you would like any additional information about deliveries to the UK, please, contact us via the ‘Contact Us’ form on Our Website.

Changes

If you wish to make a change to the product you have ordered please contact us.  We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting us via the ‘Contact Us’ form on Our Website.

Limitations of liability

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

The material displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy. We make no representations or warranties in connection with Our Website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable.
We are not responsible for any direct or indirect loss or damage incurred by a customer due to delayed or lack of delivery of goods regardless of the method of delivery. Your statutory rights are not affected.

We shall not be held liable for any damages, injury or illness caused by the misuse of any product. It is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. We shall not be held responsible for any damages, injury or illness that occur from the use of our products.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products.

Privacy and cookies

Privacy

Posh Muckerz is committed to protecting your privacy and personal information. We follow strict security procedures in the storage and disclosure of the information that you provide. For further details please see our Privacy & Cookies Policy on Our Website.

Cookies

Our Website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. Our cookies do not remember your credit card details. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Further details regarding use of cookies can be found in our Privacy & Cookies Policy on Our Website.

Security

Posh Muckerz on-line ordering service is fully secure. Our payment systems provider uses the very latest industry standard Secure Sockets Layer (SSL) encryption technology to allow for the encryption of potentially sensitive information and to ensure absolute safety.

All credit card transactions processed from this site use 256 bit encryption to create a safe and secure shopping experience for you. Once you get to the payment stage, you will enter a secure area and your credit card details are handled by the highest security standards available. If you have any questions/comments regarding privacy or security, please do not hesitate to contact us via the ‘Contact Us’ form on Our Website.

Intellectual property

The trade marks, logos and service marks (‘intellectual property’) displayed on our website are the registered marks of Posh Muckerz Ltd and are protected by UK and international trade mark laws. Except in connection with placing an order for products or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property without our prior written consent.

Statutory rights

Nothing contained in these Terms & Conditions affects or will affect the statutory rights of the Customer or the Recipient in relation to the quality, fitness or description of the goods supplied.

Changes to legal notices

We reserve the right to change these Terms & Conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the Our Website.

Returns

In line with the Consumer Contract Regulations, if you wish to return a product you must notify us within 14 days of receiving the product and return it to us within 28 days unless otherwise stated. Return postage costs will be the customer's responsibility.

For returns or exchanges you must return the product unworn, with the original tags attached to the product, and in the same condition for Posh Muckerz to be able to process any refunds or exchanges.

The address for returns is: Posh Muckerz Ltd, Church Farm House, Church Lane, South Stainley, Harrogate, HG3 3NE.

All returned goods will be examined upon receipt. For reasons of hygiene we are unable to offer refunds or replacements on any used goods unless they are faulty. We will process your return as quickly as possible and will notify you by e-mail once your refund has been processed. Your refund will be made by the original or agreed payment method. We will refund you the price you paid for the products excluding delivery costs.  

Your statutory rights are not affected.

Damaged or wrong items

We are under a legal duty to supply products that are in conformity with this contract. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. In summary, your key legal rights are to receive the product as described and match information we provided to you; be of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care.

We recommend that you inspect your entire order upon delivery. If an item arrives damaged or in error, please, contact us as soon as possible via our ‘Contact Us’ form on Our Website.  Damages, defects, missing items or any errors not reported within 7 working days of receipt will not be accepted for return. We will make arrangements for a replacement to be delivered to you free of charge.

You will be asked to return the damaged or wrong item in its original packaging if possible. We will pay the costs of return of faulty or wrong items.

If you believe an item is faulty, please contact us via the ‘Contact Us’ page on Our Website or by telephone: 01423 771877 / 07890 729955, or e-mail: sarah@poshmuckerz.co.uk.

Your statutory rights are not affected.

Cancellations

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order for a full refund within 14 working days from the date of receipt of the goods if you send your notice of cancellation in writing and return the goods to Posh Muckerz Ltd in their original, unused condition, with original tags still attached and provided that the product is in a perfect re-saleable condition.  If you have just changed your mind about the product your refund may be subject to deductions. You are responsible for the products until we have received them and can confirm they are in a perfect and re-saleable condition. We cannot accept liability for goods lost or damaged in transit and recommend that you use a tracked and signed for delivery service. You will be liable to pay the cost of returning the products.

Products given as a gift can only be returned by the original purchaser.  Please note that credit card charges are not refunded.

If you used a discount voucher and your order no longer qualifies, the voucher value will be deducted from your refund. If you received a free gift and your order no longer qualifies, the free gift must be returned or its value will be deducted from your refund.

We reserve the right to monitor customer cancellations or returns, and charge administration fees, payment processing fees and refuse returns if a customer is repeatedly found to be buying and returning goods. Each return is assessed on an individual basis taking the customer history into consideration.

To cancel your order, please, inform us by letter to: Posh Muckerz Ltd, Church Farm House, Church Lane, South Stainley, Harrogate, HG3 3NE, by e-mail to: sarah@poshmuckerz.co.uk, or contact us via our ‘Contact Us’ form on Our Website, quoting your full name and order number. You can cancel your order online at any point up to the completion of the secure payment section at the checkout. Beyond this point, we can NOT guarantee we will be able to stop your order being dispatched even if you e-mail immediately after placing your order. If your order has already been processed when we receive your Notice of Cancellation, you will need to return your order following our Returns process.

Your statutory rights are not affected.

Law

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.