Terms and conditions.

A. General

A.1 These are the terms and conditions (“Terms”) for the sale and purchase of a set of 6 (six) Emma Bridgewater Limited Edition mugs designed exclusively for Waitrose in 2013 (“Goods”) available through www.waitroseemmabridgewater.co.uk (“Website”) and the Call Centre (see paragraph A.4 for details). Please read these Terms carefully, together with the privacy policy which can be found here (“Privacy Policy”); they govern our relationship with you in relation to the Website and all purchases made by you on the Website and via the Call Centre.

A.2 The Goods are available to customers aged 18 years or over who are resident in the UK only. Promotion opens on 11 May 2016 and closes when all Goods have been sold or, at our discretion, we decide to close the promotion. Goods are available on a first come first serve basis. Maximum of 2 Goods permitted per person.

A.3 Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from the Website or via the Call Centre.

A.4 The quickest and easiest way to contact us in the event of any queries or problems is via our customer call centre (“Call Centre”) on 01933 304880 (local rate). Our Call Centre opening times are: Monday to Friday, 08.30hrs – 17.30hrs GMT.

A.5 These Terms do not affect your statutory rights.

1. Information About Us

We are Muller UK & Ireland Group LLP (t/a Müller Milk & Ingredients) (“we”/”us”/”our”/“Müller”). Müller is a limited liability partnership registered in England under partnership number OC384928. Our registered office is at Tern Valley Business Park, Shrewsbury Road, Market Drayton, Shropshire, TF9 3SQ and our VAT number is GB687909563. Müller is supporting Waitrose Limited with this promotion by managing the Website, the Call Centre and fulfilling your order.

2. How the Contract is Formed between You and Us

2.1 The Website will guide you through the steps you need to take to place an order with us on the Website. Please take the time to read and check your order at each page of the order process. You can also place orders via the Call Centre (see paragraph A.4 for details), the staff will guide you through the order process over the telephone. When you place orders via our Call Centre you agree to these Terms.

2.2 All purchases made on the Website and via the Call Centre are governed by these Terms.

2.3 You can also cancel or amend your order by telephoning the Call Centre (see paragraph A.4 for details) within 24 hours of placing your order.

2.4 Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. Images of the Goods are provided for illustration purposes only. We cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods.

3. Customer Details and Placing an Order for Goods

You will need to provide your contact details on the Website or via the Call Centre before you will be able to place an order. You will need a valid email address for orders placed on the Website.

4. Price

4.1 The price of the Goods will be as quoted on any marketing communications and the Website at the time you place your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. Any differences between prices stated on marketing communications or the Website and money taken from you will be rectified. If less money is taken as stated on communications, you give us authority to take the difference.

4.2 The prices stated on marketing communications and the Website will be inclusive of any VAT payable, unless otherwise stated.

5. Order Confirmations

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. If you do not have an email address, we will provide you with your order reference number over the phone. However, please note that this acknowledgement does not mean that your order has been accepted. Our acceptance of your order will take place once we have received your payment in full.

6. How to Pay

6.1 You can only pay for Goods by debit or credit card. No other vouchers, savings stamps, “money-off” coupons, discount codes, or cash or cheques will be accepted towards payment of an order. The debit and credit cards accepted by us are those listed on the payment page of the Website on the date on which your order is placed

6.2 If you receive a refund you are not entitled to, you must pay it back when we ask you to.

6.3 Payments will be made via our secure third party network. Upon completion of credit or debit card payment details online you will receive an on-screen confirmation or the Call Centre staff will notify you when payment has been accepted.

6.4 You agree not to hold us responsible for banking charges incurred due to payments made on your account.

6.5 You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you and/or issue proceedings in court.

7. Delivery

7.1 Delivery is free of charge and will be made to the address specified by you when you register on the Website or place the order with the Call Centre. We are only able to deliver to addresses within the United Kingdom.

7.2 Delivery will be made within 28 days. Deliveries will be made by a courier service with a tracking facility. Proof of Delivery is required. You will be asked to sign for the delivery or will be left a note on what to do if you are out when they attempt to make your delivery.

7.3 We reserve the right to alter your delivery days and time of delivery at our discretion. We will always do our best to confirm this change to you in advance of the change taking place.

7.4 It is your responsibility to supply the correct delivery information when placing your order. We cannot be held responsible for deliveries made to incorrect addresses due to customer error.

7.5 Goods are subject to availability.

7.6 Your acceptance of Goods shall be deemed to take place on delivery.

7.7 If we are unable to supply you with Goods, for example because that Good is no longer available or because of an error in the price on our Website, we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.

8. Defective or Incomplete Goods

In the event that the goods delivered to you are incomplete, or if any of the Goods are defective, please notify us by telephoning the Call Centre (see paragraph A.4 for details) within 7 days of receiving your order so that we can investigate and (if applicable) provide an appropriate remedy to you and also to ensure that we can allocate stock if a replacement is required.

9. Our Liability to You

9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

9.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.3 We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  4. any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  5. defective products under the Consumer Protection Act 1987.

10. Events Outside Our Control

10.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in paragraph 10.2.

10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or disruption to the Website or Call Centre.

10.2.1 If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

10.3 You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us by calling our Call Centre. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund or credit to you the price you have paid.

11. Your Right to Cancel Your Order after Delivery

11.1 You may cancel, amend or correct orders prior to delivery in accordance with paragraph 2.3 above. In certain circumstances set out below you also have the right to cancel your order after it has been delivered.

11.2 You may cancel your order (without giving any reason) within 14 days from the day on which you receive the Goods (“Cancellation Period”). This right does not apply if you have used the Goods as we are unable to re-sell them. The cancellation will apply to all of the items within the Goods i.e. you are not able to return some of the mugs as we are unable to re-sell them individually. Where you have cancelled an order in accordance with this paragraph 11, it is your responsibility to return the Goods to us at your cost and risk.

11.3 If you would like to cancel your order in accordance with your legal right to do so set out in paragraph 11.2, you just need to let us know that you have decided to cancel. The easiest and quickest way to do this is to call us on at the Call Centre (see paragraph A.4 for details) (local rate).

11.4 If you call us to cancel your order then your cancellation is effective from the date you call and speak to an advisor at our Call Centre (see paragraph A.4 for details), providing you call us within the Cancellation Period. If you send us your cancellation notice by post then your cancellation is effective from the date you post the letter to us, providing the date you post the letter is within the Cancellation Period.

12. Returns and Your Right of Refund

12.1 If you cancel your order in accordance with paragraph 11.2, we will reimburse you the price for the Goods if the Goods are undamaged.

12.2 We will make any reimbursement due to you as soon as possible and in any event within the following deadlines:

  1. if you have received the Goods - within 14 days after the day on which we receive the Goods back from you; or
  2. (if earlier) 14 days after the day you provide us with evidence that you have returned the Goods to us; or
  3. if you have not received the Goods or the Goods were delivered but we have offered to collect them, 14 days after the day in which we were informed of your decision to cancel the order.

12.3 We will reimburse you by refunding any amount due to you on the credit or debit card used by you to pay. You will not incur any fees as a result of the refund.

12.4 Where you have cancelled an order in accordance with paragraph 11, it is your responsibility to return the Goods to us at your cost and risk. We are not able to process any refunds without receipt of the Goods. We are not responsible for any Goods that are lost or damaged on their return to us.

13. Privacy

We are committed to preserving your privacy. The personal information you provide will enable us to provide you with the Goods you require. We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than in accordance with our Privacy Policy. Please see our Privacy Policy for more information about our use of your personal information.

14. Contacting Us

If you have any feedback or a complaint about the Goods or the promotion or if you have a query regarding a delivery, please contact us at the Call Centre (see paragraph A.4 for details). If you wish to return your order after it has been delivered, please contact us via one of the methods set out in paragraph 11.

15. Use of the Website and our Intellectual Property Rights

15.1 We have made the Website available to you for your own personal use. We may modify, withdraw or deny access to the Website at any time.

15.2 The Website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Website, as well as other content such as articles, stories and other text (“Materials”).

15.3 You may not copy, redistribute, republish or otherwise make the Materials on the Website available to anyone else without our consent in writing.

15.4 You may print or download materials from the Website for your own personal use or copy the content to other individuals for their personal information provided that:

  1. no Materials are modified in any way;
  2. no graphics are used separately from accompanying text;
  3. our copyright and trade mark notices appear in all copies and you acknowledge the Website as the source of the Material; and
  4. the person to whom you are providing the Materials is made aware of these restrictions.

16. Limitation of Liability in Relation to the Website

16.1 The Website should only be used for information purposes. It is not advice and you should not rely on it to make (or refrain from making) any decisions or take (or refrain from taking) any action.

16.2 We do not guarantee that the Website will operate free of error or that it is free from computer virus or any other contaminating computer programs.

16.3 The Website is made available for public viewing on the basis that we exclude to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of the Website or reliance upon the content of the Website.

16.4 The Website is provided by us without any warranties or guarantees. You must bear the risks associated with the use of Internet. In particular, we disclaim all liabilities in connection with the following:

  1. incompatibility of the Website with your software, equipment or telecommunication links;
  2. technical problems including errors or interruptions of the Website; and
  3. inadequacy of the Website to meet your requirements.

17. Information on the Website

The information contained on the Website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on the Website. Our liability to you as explained above remains unaffected by this.

18. Our Rights

We reserve the right to:

  1. modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. change the Terms from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.

19. Linking

19.1 The Website contains links to websites owned and operated by third parties. If you use these links, you leave the Website. Where we provide the link we have limited control over the contents of the linked website but we are not responsible for any linked website or their content or availability. If you wish to purchase products from such third party website, we are not a party to any such contract for the purchase between you and any seller.

19.2 We accept no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

19.3 You may not link to the Website from another website without our consent in writing.

20. Other Important Terms

20.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.

20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.3 This contract is between you and us. No other person, except any member of the Müller Group, shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. “Müller Group” means any entity in which Mr Theo Müller or his successor in title has a 50% or greater interest either directly or indirectly.

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

20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.6 The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms or of any paragraph of these Terms will be governed by the laws of England and Wales.

20.7 The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of the Website.