Order Agreement

 

(1)      Introduction

Please read the ordering agreement carefully. 

You will be agreeing to the terms set out in this order agreement when you place an order on our website. 

 (2)      Interpretation

In the order agreement, “we” means No Added Sugar Marketing Limited trading as Masscular (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for purchases (and “your” will be construed accordingly).

(3)      Order process

The advertising of items on our website constitutes an “invitation to treat”; and your order for items constitutes a contractual offer.  The order agreement will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. 

To enter into the order agreement, you will need to take the following steps: (i) you must add any items you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must confirm your order and your consent to the agreement; (iv) you will be asked to enter your payment details and confirm your payment; (v) we will send you an initial acknowledgement; and (vi) we will send you an email confirmation once your order has been despatched.

We will not file a copy of the order agreement specifically in relation to your order.  We may update the version of the order agreement on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you print and retain a copy of the download agreement for your records.

The only language in which we provide the order agreement is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your ordering and confirming in the checkout process.  You may correct those input errors before placing your order by amending your order in the checkout process.

 (4)      Items

 These are the goods placed for sale on our website.

 (5)      Price and payment

Prices for items are quoted on our website.  The website contains a large number of items and it is possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a item’s correct price will be stated when you make payment.

Payment must be made upon the submission of your order.  We may withhold the items if the price is not received from you on time, in full, in cleared funds.

The prices on the website include all value added taxes (where applicable).

Prices for items are liable to change at any time, but changes will not affect order agreements that have come into force.

 (6)      Your warranties

You warrant to us that:

(a)     you are legally capable of entering into binding contracts;

(b)     you have full authority, power and capacity to agree to the ordering agreement;

(c)      the information provided in your order is accurate and complete; and

(7)      Consumer rights

Nothing in the order agreement affects any statutory rights you may have as a consumer.

If you cancel an order in accordance with this provision, you will receive a full refund of the price paid. Your notice of cancellation should be sent to the address or email address at the end of this agreement.

(8)      Cancellations

If you are contracting as a consumer, you may cancel an order at any time within 7 working days, beginning on the day after the ordering agreement comes into force, but before the item has been despatched.

If you do wish to cancel an order contract, then you must notify us in writing immediately by sending an email to info@masscular.com.

You have the right to cancel your order prior to despatch within 7 days of placing it.

You may not cancel your order agreement after the item has been despatched. Instead you must seek our refund procedure.

(9)      Refunds

For items already despatched, if you are contracting as a consumer, and you are not happy with your purchase for any reason, you can return it to us for a refund of the amount you paid for that item.

However, you will be responsible for paying the shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of original and/or return shipping will be deducted from your final refund amount.

Refunds can only be made within 14 days of receipt of your items, you must notify us within the 14 days in writing by email to info@masscular.com.

We cannot offer you a refund or exchange after 14 days of receipt.

You must return the unused and undamaged items within 14 days of notification in writing.

All returned items must be in an unused condition and in the original undamaged packaging for a full refund, less return shipping charges. We recommend using an insured and recorded delivery service.

(10)      Damaged or Faulty Goods 

You must examine goods on receipt of delivery.

In the unfortunate event where items are delivered damaged or faulty, please confirm this in writing within 14 working days of receipt, and we will arrange a refund or replacement at you request. 

Any damage/faulty claims will not be accepted after this period.

Please write to us immediately by sending an email to info@masscular.com.

We will offer a full refund for the damaged items, excluding delivery costs. Alternatively, we will replace the item with the same or a similar product (subject to availability). 

Product specifications and stock availability can change from time to time, in which case, if you request a replacement, we will endeavour to offer you a substitute of the same or better quality at the same price.

Please allow 30 days from acknowledgement of damaged goods in writing from you, for your refund to be processed or replacement item despatched. 

We reserve the right to refuse to issue a refund/replacement item and to recover the cost of the returns delivery from you in the event that the item is found to have suffered damage after delivery.

This does not affect your statutory rights.

(11)    Delivery

Goods will be delivered to you, the buyer, at the address provided by you within the order agreement. 

UK Shipping

Orders within the UK should be expected within 3-5 working days via standard shipping and 1-3 working days via express shipping. We use Royal Mail as our delivery provider.

International Shipping

Orders outside of the UK should be expected within 7-14 working days.

(12)    Limitation of warranties

The order agreement sets out the full extent of our obligations and liabilities in respect of the items supplied hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 14, all conditions, warranties or other terms concerning the items which might otherwise be implied into a ordering agreement are expressly excluded.

(13)    Force majeure

In this Section and Section 12, “force majeure event” means:

(a)     any event which is beyond our reasonable control;

(b)     hacker attacks, or virus or other malicious software attacks or infections;

(c)      problems with the internet, part of the internet, or any third party internet service provider; and/or

(d)     power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks, pandemics or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under the download agreement, those obligations will be suspended for the duration of the force majeure event.

(14)    Limitations and exclusions of liability

Nothing in the ordering agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c)limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ordering agreement.

The limitations and exclusions of liability set out in this Section and elsewhere in the ordering agreement: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the download agreement or in relation to the subject matter of the download agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(15)    Order agreement termination

We may terminate an order agreement immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the ordering agreement, or if you commit any breach of your obligations to us under the ordering agreement.

(16)    Consequences of termination

Upon the termination of the order agreement:

(a)     we will cease to have any obligation to make available or deliver items which are undelivered at the date of termination.

(17)    General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

The order agreement may only be varied by an instrument in writing signed by both you and us.  We may revise the ordering agreement published on our website from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of the order agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of the order agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of the ordering agreement.

You may not transfer, assign, charge, sub-contract, sub-license or otherwise deal in any of your rights or obligations arising under the ordering agreement. Any attempt by you to do so will be null and void.  We may transfer, assign, charge, sub-contract, sub-license or otherwise deal in any or all of our rights or obligations arising under the ordering agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under the order agreement.

The order agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement of the order agreement is not subject to the consent of any person who is not a party to the order agreement.

Subject to the first paragraph of Section 12: the order agreement contains the entire agreement and understanding of the parties in relation to the purchase of items from our website, and supersedes all previous agreements and understandings between the parties in relation to the purchase of items from our website; and each party acknowledges that no representations not expressly contained in the ordering agreement have been made by or on behalf of the other party in relation to the purchase of items from our website.

The order agreement will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to the order agreement.

(18)    About us

Our full name is No Added Sugar Marketing Limited trading as Masscular. 

Our registered office and principal trading address is No Added Sugar Marketing Limited, The Pod, 53 Hulton Close, Southampton, Hampshire SO19 9TY. 

Our company registration number is 11676366.

Our email address is info@masscular.com.

Our VAT number is GB 310 3744 45.