Terms and conditions

Background:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website, www.thismug.life (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms and Conditions when ordering Services. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Services through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Contract
means a contract for the purchase and sale of Services, as explained in Clause 8;
Order
means your order for the Services;
Order Confirmation
means our acceptance and confirmation of your Order;
Products” and “Services
means the products and services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); “Services” relates specifically to the provision of customisation of products;
We/Us/Our
means thismug.life of Tunbridge Way, Emersons Green, Bristol

2. Information About Us
2.1 Our Site, www.thismug.life, is owned and operated by Mundey and Stone of Tunbridge Way, Emersons Green, Bristol.

3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions
4.1 Consumers may only purchase Products or Services through Our Site if they are at least 16 years of age.
4.2 None of the Products or Services on Our Site may be purchased by anyone under 16 years of age.

5. Business Customers
These Terms and Conditions do not apply to customers purchasing Products or Services in the course of business. If you are a business customer looking to place a bulk order, please contact us at hiya@thismug.life in the first instance.

6. International Customers
Our Products Services are currently only available to all UK customers.

7. Products, Services, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all general descriptions of the Products and Services available from Us correspond to the actual Products and Services that will be provided to you, however please note that the exact nature of the Products Services may vary depending upon the unique manufacturing processes and your individual requirements and circumstances.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Products and Services, not to different Products and Services altogether.
7.3 Where appropriate, you may be advised that the Product or Service selected is not suitable for you, at which point We will recommend a more suitable Product or Service and refund any monies paid.
7.4 We neither represent nor warrant that all Products and Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not always provided on Our Site.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
7.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
7.a.1 We will contact you by email before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Products or Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within five working days We will treat your Order as cancelled and notify you of the same by email.
7.7 In the event that the price of Products or Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
8.3 Order Confirmations shall contain the following information:
8.a.1 Confirmation of the Products or Services ordered including full details of the main characteristics of those Products or Services;
8.a.2 Fully itemised pricing for the Products or Services ordered including, where appropriate, taxes and other additional charges;
8.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within five working days.
8.5 You may change your Order at any time before We begin providing the Services by contacting Us by email to claire@claire-stone.com. We begin providing the Service within three working days.
8.6 If you change your Order, We will confirm all agreed changes in writing.
8.7 If you change your mind about non-personalised or non-customised items, you may cancel your Order or the Contract before or after We begin providing the Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to Clauses 11 and 12.
8.8 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
8.a.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
8.a.2 An event outside of Our control continues for more than five days (please refer to Clause 16 for events outside of Our control).
8.9 If We cancel your Order under sub-Clause 8.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within five working days. If We cancel your Order, you will be informed by email.

9. Payment
9.1 Payment for the Products and Services is at the time of placing the order. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Credit cards, debit cards and Paypal.
9.3 We do not charge any additional fees for any of the payment methods listed in sub-Clause 9.2

10. Provision of the Services
10.1 As required by law, We will provide the Products and Services with reasonable skill and care, in accordance with any information provided by Us about the Products and Services and about Us. We will usually begin providing the Services for customised items within five working days of the email confirmation. Please note that the statutory “cooling off” period of 14 days is not applicable to customised/personalised items. Once the order has been confirmed, you may not change or cancel your order. If you wish to return non-customised items within the statutory 14 calendar day cancellation (or “cooling off”) period, you must not use, damage or in other ways reduce the value of your items or right to cancel may be limited or lost. Please refer to Clause 11 for your statutory cancellation rights.
10.2 We will continue providing the Services until the estimated completion date set out in the Order Confirmation.
10.3 We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 16 for events outside of Our control.
10.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require additional information.
10.5 If the information you provide or the action you take under sub-Clause 10.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.
10.6 In certain circumstances, for example where there is a delay in you sending Us information the required information within five working days, or taking action required under sub-Clause 10.4, We will suspend the Services (and will inform you of that suspension by email). In the event of the Services being suspended for five further day due to a lack of provision of additional information being provided, your order will be cancelled.
10.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.
10.8 If the Services are suspended or interrupted under sub-Clauses 10.6, or 10.7 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
10.9 If you do not pay Us for the Services as required by Clause 9, We may suspend the Services until you have paid any and all outstanding sums due. If this happens, we will inform you by email. This does not affect Our right to charge you interest on any overdue sums under sub-Clause 9.4.

11. Your Legal Right to Cancel (Cooling Off Period)
11.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order been received. The period ends at the end of 14 calendar days after that date.
11.1.1 Once you have informed us of your wish to cancel your order, you then have 14 days in which to return the items to us at your own cost.
11.1.2 The items must be unused and undamaged. Any evidence of using the item or damage will cause you to forfeit your refund.
11.1.3 Items must be returned in their original packaging, and packed in a way as to not cause damage to the item. Any damage caused to returned items as a result of poor packaging will result in a reduced refund.
11.1.4 Items are to be returned to us at: This Mug Life, 70 Tunbridge Way, Emersons Green, Bristol, BS16 7EX.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period. You may do so via email to hiya@thismug.life or via telephone to: 07788 644511. Cancellation by email is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the above details.
11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Products in the future, however please note that you are under no obligation to provide any details if you do not wish to.
11.4 As specified in sub-Clause 10.1, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period (by completing and emailing in your food diary sheet) you acknowledge and agree that you will lose your right to cancel the Services.
11.4.1 Refunds, where applicable, will be issued within five working days of receipt of returned items (if they are unused and undamaged – see Sub-Clauses 11.1.1.2 and 11.1.1.3). Refunds will be made using the same payment method you used when ordering the Products or Services.

12. Cancellation After the Legal Cancellation Period
12.1 Cancellation of Contracts for Products or Customised Items (“Services”) after the Legal Cancellation Period is not be possible under any circumstance.

13. Our Rights to Cancel
13.1 For cancellations before we begin providing the Services, please refer to sub-Clause 8.1.9.
13.2 We may cancel the Services after We have begun providing them due to an Event outside of Our control that continues for more than five working days (as under sub-Clause 16.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, no further payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.
13.3 Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least five working days emailed notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
13.4 Refunds due under this Clause 13 will be issued to you within five working days and in any event no later than 14 calendar days after the day on which We inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Services.
13.5 We may cancel immediately by giving you written notice in the following circumstances:
13.5.1 You fail to make a payment by the due date as set out in Clause 9. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 9.4; or
13.5.2 You breach the contract in a material way and fail to remedy the breach within five working days of Us asking you to do so in writing.

14. Problems with the Services and Your Legal Rights
14.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via hiya@thismug.life or telephone: 07788 644511.
14.2 We will use reasonable endeavours to remedy problems with the Products or Services as quickly as is reasonably possible and practical.
14.3 We will not charge you for remedying problems under this Clause 14 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 10.5 will apply and We may charge you for the remedial work.
14.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.

15. Our Liability
15.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence to a maximum of the cost of the Product or Service provided. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable or in excess of the maximum cost of the service provided.
15.2 We provide Products and Services for domestic and private use or purposes. We make no warranty or representation that the Products or Services are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
15.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
15.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to provide our Products or perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
15.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

16. Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
16.2 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
16.2.1 We will inform you as soon as is reasonably possible;
16.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
16.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products or Services as necessary;
16.2.4 If the event outside of Our control continues for more than five working days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
16.2.5 If an event outside of Our control occurs and continues for more than five working days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

17. Communication and Contact Details
17.1 If you wish to contact Us with general questions, complaints, matters relating to Our Services or your Order, or relating to cancellations, you may contact us by email at hiya@thismug.life.

18. Complaints and Feedback
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
18.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from <> and <> respectively.
18.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
18.3.1 By email, addressed to Claire Stone at hiya@thismug.life or by telephone to 07788644611;

19. How We Use Your Personal Information (Data Protection)
19.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
19.2 We may use your personal information to:
19.2.1 Provide Our Products and SServices to you;
19.2.2 Process your Order (including payment) for the Products and Services; and
19.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time.
19.3 In certain circumstances, and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
We will not pass on your personal information to any third parties unless required by law.

20. Other Important Terms
20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We close or sell Our business). If this occurs, you will be informed by Us via email. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
20.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
20.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions at any time without written notice. Any such changes will not be retroactively applied. If you wish to cancel the Contract as a result of any such changes, please refer to sub-Clause 12.4.

21. Law and Jurisdiction
21.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
21.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.