These terms and conditions and the documents or other pages referred to herein set out the terms and conditions on which Mess Around Ltd (“we”, “us” or “our”) supply any of the products (the “Products”) listed on our website messboxuk.com (the “Website”) to you the customer.
Your use of our Website and the order or purchase of our Products constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our Website or order or purchase any of our Products. You are advised to print a copy of these terms and conditions for future reference. Our Website is intended for use only by people resident in the European Union and we reserve the right to reject orders or purchases from outside those regions.
2.0 Your Status
By placing an order through our Website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are resident in the European Union; and
- you are accessing our Website from within the European Union.
3.0 Formation of a Contract
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 we have fulfilled your order (the “Acceptance Confirmation”). The contract between you and us (the “Contract”) will be formed only when we send you the Acceptance Confirmation.
The Contract will relate only to those Products confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation.
Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our Website, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract or any other agreement between you and us.
4.0 Consumer Rights
As a European Union customer, you may cancel the Contract at any time within 14 days (the “Cooling-off Period”) after you have received the Products purchased. In such case, you will receive a refund of the price paid for the Products, subject to the following:
- your notification to us in wiriting of the cancellation of the Contract;
- the immediate return of the Products purchased, unused, in exactly the same condition in which you received them, and at your own cost and risk; and
- you understand and accept that you have a legal obligation to take reasonable care of the Products while they are in your possession and that if you fail to comply with this obligation, we may have a right of action against you for compensation.
Your order will be fulfilled by the delivery date set out in the Product information provided prior to purchase or, if no delivery date is specified, then within 7 working days of the date of the Acceptance Confirmation, unless there are exceptional circumstances.
Delivery will be made to the address specified in your order, unless you request a change to your delivery address before the order has been dispatched, in which case we reserve the right to apply a charge of £5 to make the change. We are unable to change the delivery address after your order has been dispatched from us.
Orders will be processed within 1 to 2 working days from the Acceptance Confirmation and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available.
We are under no obligation to dispatch or deliver any Products until clear funds have been received by us from you.
The Products shall be delivered according to the details provided by you at the time of the Order. You agree that we shall not be held liable for any Products delivered to an incorrect address if such address was provided by you as the delivery address at the time of the order. You agree that any orders delivered to an incorrect address shall be your sole responsibility and risk except where this is a result of our own mistake.
6.0 Risk and Title
The Products will be at your risk from the time of fulfilment onwards. If you order Products from our Website for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You agree and accept that you shall be be responsible for payment of any and all such import duties and taxes. You are advised to contact your local customs office for further information before placing your order, as we have no control over such charges and cannot predict their amount.
You must comply with all applicable laws and regulations of the country for which the Products are destined, including if such applicable laws and regulations prevent you from placing your order. We will not be liable for any breach by you of any such laws.
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.
7.0 Price and Payment
The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
These prices are not subject to sales tax and exclude delivery costs if any, which will be added to the total amount due at the completion of the checkout process or in exceptional circumstances as part of the Acceptance Confirmation.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
Our Website contains a range of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website 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 Website, 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
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit card, debit card or, where available, Paypal. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
Your credit or debit card details will be encrypted by our payment processor to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail.
8.0 Returns and Refunds
When you return a Product to us:
- because you have cancelled the Contract between us within the Cooling-off Period period, we will process the refund due to you as soon as possible and at the latest within 30 days from the day that you provide to us written notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit;
- for any other reason (for instance because you claim that the Product is defective), we will examine the returned Product and contact you via e-mail as soon as possible to arrange a refund or redelivery. We will process your replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect a refund of a Product returned by you because of a defect it will be refunded, including a refund of the the cost of returning the defective Product to us (up to a maximum of £3.00). If you elect a replacement of a defective Product we will not charge you for redelivery of the replacement Product and we will refund the cost of returning the defective Product to us (up to a maximum of £3.00). In either case the cost of returning the defective Product to us will be refunded only upon our receipt of proof of costs incurred by you.
Refunds of any money received from you will be made using the same card originally used by you to pay for your purchase and paid back into the same account.
Please contact us by email or phone before returning any Product to us, so that we can help deal with your issue.
We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
Our liability for losses you suffer as a result of us breaching these terms and conditions is strictly limited to the purchase price of the Product purchased that relates directly to any such breach.
We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage, even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the Contract between us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- cost or personnel, management or office time howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
You agree to diligently observe the instructions for use and warnings and information available on our Website and Product packaging prior to the use of any Products.
10.0 Data Protection and Security
By registering any of your personal details with us, you are agreeing to allow us to contact you in relation to your order or account.
For your security, when ordering from us we only use Secure Socket Layer (SSL) technology, to ensure you cannot inadvertently place an order through an unsecured connection.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. Such action is carried out only to confirm your identity; a credit check is not performed and your credit rating will be unaffected.
During such checks we may ask for additional information or documentation to help support the data you have supplied.
11.0 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, 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.
All notices served by you to us must be delivered to Mess Around Ltd at 36b Balmore Street, London, N19 5DA, United Kingdom. We may serve notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the method specified herein. 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.
13.0 Transfer of Rights and Obligations
The Contract between you and us and these terms and conditions are binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising thereunder, including but not limited to your rights and obligations as set out in these terms and conditions, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it or from these terms and conditions, at any time.
14.0 Force Majeure
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 (a “Force Majeure Event”).
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:
- strikes, lock-outs or other industrial action;
- 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;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
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.
The failure by us to exercise or enforce any rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any time thereafter, as a waiver of another or constitute a continuing waiver.
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.
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.
17.0 Entire agreement
These terms and conditions and any document or page specifically referred to herein shall constitute the entire agreement and understanding between you and us, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise.
18.0 Changes to Terms and Conditions
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.
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 Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19.0 Law and Jurisdiction
These terms and conditions, your acceptance thereof, any Contract, order or purchase, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts in the United Kingdom over any claim, dispute or matter arising under or in connection with the same.
Competitions Ts & Cs
1. The Mess Around UK, Mess Box competitions (“Competitions”) are open to people aged 18 and over who have provided their email address on the order.
2. Employees or agencies of Mess Around UK, Mess Box, or their family members, or anyone else connected with the Mess Box may not enter the Competitions.
3. Entrants into the Competitions shall be deemed to have accepted these Terms and Conditions.
4. By submitting your personal information you agree to receive emails from MessaroundUK, Mess Box, containing offers and developments that we think may interest you. You will be given the opportunity to unsubscribe on every email that we send.
5. Only one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
6. A Single Mess Box prizes competition prize can be picked from any month, however present and future editions, not yet released, will only be delivered on the delivery date of that edition. Past editions will be delivered with the next scheduled Mess Box delivery. 7. MessaroundUK, Mess Box accepts no responsibility for entries that are incorrectly uploaded or incomplete or cannot be entered for any technical reason.
8. The closing date of the Competitions will be stated in the post. Entries received outside this time period will not be considered.
9. Winners will be chosen by Mess Around UK, Mess Box management personnel in accordance with these Terms and Conditions.
10. The winner will be notified by email and must confirm a postal address to claim their prize. If a winner does not respond to Mess Around UK, Mess Box within 14 days of being notified by Mess Around UK, Mess Box, then the winner’s prize will be forfeited and Mess Around UK, Mess Box shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Term and Conditions, the winner’s prize will be forfeited and Mess Around UK, Mess Box shall be entitled to select another winner.
11. The prizes will be sent to the winner by Mess AroundUK, Mess Box by post.
12. The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes.
13. The winner consents to the use by Mess Around UK, Mess Box, both before and after the closing date of the Competitions for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by Mess Around UK,
Mess Box) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Competitions, all entrants consent to the same.
15. Mess Around UK, Mess Box reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Completions with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Mess Around UK, Mess Box in all matters under its control is final and binding and no correspondence will be entered into.
16. Mess Around UK, Mess Box shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.