Terms and Conditions of Sale

WEBSITE TERMS AND CONDITIONS OF SALE

This page (together with the documents referred to on it) tells you the terms and conditions on which we sale any of the products (“the Products”) listed on our website www.trendbookshop.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

We want you to know that you will always get a fair deal from us, and to understand exactly what we are both agreeing to under any contract between us. If you are uncertain about your rights as set out below, or if you want an explanation of them, then please write, telephone or send us an e-mail. Our contact details are provided below.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

  1. INFORMATION ABOUT US
    Our site is a site operated by Mudpie Limited (“we”). We are registered in England and Wales under company number 03080668 and our registered office is at Unit 21-23 Home Farm Business Centre, East Tytherley Road, Lockerley, Romsey, Hampshire, SO51 0JT. Our VAT number is 823 845419.
  2. YOUR STATUS
    By placing an order through our site, you warrant that:
    2.1     you are legally capable of entering into binding contracts;
    2.2     you are at least 18 years old; and
    2.3     you are contracting with us as a business and not as a consumer in particular for the purposes of clause 8.
  3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    3.1 After placing an order, you will receive an e-mail 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 acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
    3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
  4. AMENDMENTS
    We reserve the right to modify, suspend or discontinue any or all of the Products we advertise on our site at our sole discretion without notice.
  5. AVAILABILITY AND DELIVERY
    5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
    5.2 We reserve the right to despatch part of your order if we can fulfil a substantial part, but have to wait for delivery from a manufacturer or distributor to complete your order.
    5.3 Where an item is missing from your order, we will accept responsibility for that loss provided that you inform us in writing by e-mail or at our address, both of which are set out above, within 7 days of the date the Products were despatched to you.
  6. RISK AND TITLE
    6.1 The Products will be at your risk from the time of delivery.
    6.2 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.
  7. PRICE AND PAYMENT
    7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
    7.2 These prices as quoted on our site include VAT but exclude delivery costs, which will be added to the total amount due and shown at the checkout.
    7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
    7.4 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 dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching 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 dispatching the Product, or reject your order and notify you of such rejection.
    7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    7.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we despatch your order.
    7.7 We do not store credit card details nor do we share customer details with any 3rd parties.
  8. OUR REFUNDS POLICY
    8.1 If you receive the item and wish to return it for any reason, please contact us as refunds will only be made at the discretion of management.
    8.2 We will examine the returned Product and will at our option replace the defective Product or refund the price in which case we will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
    8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  9. OUR LIABILITY
    9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
    9.2 Our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
    9.3 This does not include or limit in any way our liability:
    9.3.1 for death or personal injury caused by our negligence;
    9.3.2 under Section 2(3) of the Consumer Protection Act 1987;
    9.3.3 for fraud or fraudulent misrepresentation; or
    9.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
    9.4.1 loss of income or revenue
    9.4.2 loss of business
    9.4.3 loss of profits or contracts
    9.4.4 loss of anticipated savings
    9.4.5 loss of data
    9.4.6 loss of data, or
    9.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
    9.4.8 provided that this condition 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 9.1 or condition 9.2 or any other claims for direct financial loss that are not excluded by any of categories 9.4.1 to 9.4.7 inclusive of this condition 9.4.
  10. IMPORT DUTY
    10.1 If you order Products from our site 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. 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.
    10.2 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.
  11. USE OF THE CONTENT OF OUR SITE
    11.1 We permit you to retrieve and display the content from our site on a computer screen, print individual pages and store pages in electronic format on disk (but you do not have permission to store the information on a server or other storage device that is connected to the network) for your personal use.
    11.2 Except as set out in condition 11.1, you do not have permission to reproduce, modify or commercially exploit in any way any of the content obtained from our site.
  12. THIRD PARTY LINKS
    Our site may contain links to other internet sites. We do not review all the sites that are linked to our site for their content. If you use a link that connects to another site, you do so at your own risk. We are not responsible for the content of any material you may come across after leaving our site by way of a hypertext link or by any other means.
  13. TECHNICAL ERRORS
    We aim to minimise disruption caused by technical errors, including those relating to viruses or any other disabling phenomenon. However, some data or information on our site may have been created or structured in files or formats that are not error free and we are not able to guarantee that our site will be uninterrupted or unaffected by such problems. We do not accept any responsibility concerning any problem you may meet with, as a result of using our site or any linked external site.

  14. WRITTEN COMMUNICATIONS
    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.
  15. NOTICES
    All notices given by you to us must be given to Mudpie Limited by post to Units 21-23 Home Farm Business Centre, Lockerley, Romsey SO51 0JT or by e-mail to orders@mudpie.co.uk. 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 condition 14. 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.
  16. TRANSFER OF RIGHTS AND OBLIGATIONS
    16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
    16.2 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.
    16.3 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.
  17. EVENTS OUTSIDE OUR CONTROL
    17.1 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”).
    17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    17.2.1 Strikes, lock-outs or other industrial action.
    17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    17.2.5 Impossibility of the use of public or private telecommunications networks.
    17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
    17.3 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.
  18. WAIVER
    18.1 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.
    18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
    18.3 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 condition 15.
  19. SEVERABILITY
    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.
  20. ENTIRE AGREEMENT
    20.1 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.
    20.2 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.
    20.3 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.
  21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
    21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
    21.2 You will be subject to the policies and terms and conditions in force 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 Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions).
  22. THIRD PARTIES
    Unless otherwise agreed in writing, any contract made between us is not intended to benefit or be enforceable by any third parties under the terms of the Contracts (Rights of Third Parties) Act 1999.
  23. LAW AND JURISDICTION
    Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.