TERMS AND CONDITIONS |
1. ScopeThe Terms and Conditions set out below apply to all use of the Mister Blister Ltd. (Mister Blister Ltd.) website http://www.mr-blister.com (the “Website”) and to the purchase of Mister Blister products (“Products”) through the Website. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from our Website. By using the Website or purchasing Products through the Website, you: agree to and accept these Terms and Conditions, and acknowledge that you are bound by them; and agree that all agreements, notices, disclosures and other communications that Mister Blister provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing. You should print a copy of these Terms and Conditions for future reference. If you do not accept these Terms and Conditions then you will not be able to purchase any Products through the Website. |
2. Your OrderMister Blister only sells Products to persons over 18 years old who can purchase Products using a Sage Pay account. Our Website is intended for use by persons resident in the UK or the Channel Islands. We can accept orders from addresses outside the UK or the Channel Islands. By purchasing a Product using this Website, you confirm to Mister Blister that you are: at least 18 years of age; authorized to make the purchase using the credit card / debit card / Sage Pay account information that you provide; legally capable of entering into a binding contract; resident in the UK / Channel Islands; and accessing the Website from that country. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Mister Blister Products through your computer. |
3. Formation of ContractOffers to purchase must be submitted on the Website. Mister Blister is entitled to refuse orders placed or to postpone them, at its discretion. After placing an order for Products, you will receive an order acknowledgement (per email) from Mister Blister confirming receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes a binding offer by you to Mister Blister to buy a Product. All orders are subject to acceptance by Mister Blister and will confirm such acceptance to you by sending an email that confirms that your order has been dispatched by Mister Blister. The binding contract between Mister Blister and you (“Contract”) will only be formed when Mister Blister sends you that dispatch confirmation. The contract only relates to those Products contained in the order whose dispatch Mister Blister has confirmed by the dispatch confirmation. Mister Blister is not 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. Variation to SpecificationsMister Blister may change its Product specifications at any time. Information appearing online, such as colour and dimensions, is indicative and will be binding only when referenced in the order acknowledgement. Deviations due to manufacturing process are permissible. |
5. Pricing and PaymentAll indicated prices are in GBP (Great Britain Pounds), standard packaging included and not binding. Prices are subject to change without notice. You shall pay Mister Blister standard prices in effect on the date of delivery. Changes to prices will not affect orders which have been accepted by Mister Blister. |
6. Parties to the Transaction, Customer Service, and Warranty ClaimsOur details are: |
7. Duties and TaxesYou are responsible for all duties, taxes, custom charges, shipping, handling or other governmental charges imposed by any foreign, federal, state or local authority relating to your order (if applicable), and you authorize Mister Blister to charge the applicable charges to your credit card / debit card. |
8. Reservations and ExceptionsMister Blister reserves the right to change prices, terms, specifications and warranties for Products on this Website at any time without prior notice. Mister Blister attempts to post accurate information, but errors may sometimes occur. Any such errors in Product specifications, descriptions, availability and/or pricing will be corrected when discovered and Mister Blister reserves the right to correct any errors, inaccuracies or omissions, including after an order has been accepted. Mister Blister will inform you of an error at which time you may cancel or reaffirm your order (at the correct price) at your option. |
9. Product AvailabilityOn http://www.mr-blister.com you may check whether the Product is available. Once Mister Blister confirms receipt of your order, Mister Blister will endeavour to promptly accept and fulfil your order subject to available stock. Should an item not be available, we will get in contact with you to offer you alternative options. |
10. Delivery, Shipment and Reservation of TitleThe Products ordered by you will be delivered only to the delivery address entered by you, through a delivery service selected by Mister Blister. Please note that it is not possible to deliver the Products to P.O. Boxes. All goods are dispatched from Mister Blister office at Mister Blister Ltd., Priestley Road, Wardley Industrial Estate, Worsley, Manchester M28 2LX England and send to the delivery address entered by you. Each shipment shall be a separate and independent transaction and may be individually invoiced. |
11. Right to Cancel the PurchaseMister Blister top priority is to satisfy all its customers. |
12. Warranty and Limitation of LiabilityLIMITED WARRANTY Mister Blister Ltd., Include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the Products and the nature of the defect. Nothing prevents claims for loss of or damage to your physical property that are foreseeable losses or any other claims for loss which arise as a direct result of any breach (‘direct losses’) and which are not excluded by (a) to (f) above. Nothing in these Terms and Conditions excludes or limits Mister Blister liability for: (a) death or personal injury caused by Mister Blister negligence or that of its personnel; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective products under the Consumer Protection Act 1987; (e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. EXCEPT AS STATED IN THESE TERMS AND CONDITIONS MISTER BLISTER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. THE EXPRESS WARRANTIES IN THESE TERMS AND CONDITIONS REPRESENT MISTER BLISTER ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. MISTER BLISTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT(S) WHETHER FORSEEABLE LOSSES OR OTHERWISE. |
13. Transfer of Rights and ObligationsEach Contract and these Terms and Conditions are personal to you. You may only transfer (assign) or dispose of your contractual rights under any Contract and these Terms and Conditions to a third party with Mister Blister prior written consent (which Mister Blister may withhold at its discretion). |
14. Applicable LawBy using this Website, you agree that the laws of England shall govern any Contract and these Terms and Conditions, and that any disputes will be subject to the non-exclusive jurisdiction of the courts of England. |
15. VariationsMister Blister has the right to make changes to the Website and to these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your purchase. |
16. PrivacyMister Blister will process your name, address, date of birth and e-mail address (your “personal data”) fairly and lawfully. The processing will be carried out by electronic and automated means. We will save and use your personal data to (1) handle orders, (2) keep you informed about our market activities, (3) render services for market research and improve our website and our product range, (4) update our records and maintain your accounts with us, and (5) display content such as shopping lists or saved designs and recommend merchandise and services that might be of interest to you. |
17. Disclaimers and Limitations of Liability Relating to Use of the WebsiteThe Website is provided on an “AS IS,” “as available” basis. Neither Mister Blister nor its affiliates, subsidiaries, or designees nor any of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively “Affiliates”) gives any assurance or warranty that use of the Website will be uninterrupted or error-free. Neither Mister Blister nor its Affiliates gives an assurance or warranty as to the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk. |
18. Proprietary RightsContent included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “content”) are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the UK copyright laws and Mister Blister owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part. |
19. Complete AgreementYou may not modify, delete or amend these Terms and Conditions in any manner without Mister Blister express prior written agreement (which Mister Blister may withhold at its discretion). We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing. |
20. Events outside our ControlMister Blister is not 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 Mister Blister reasonable control (Force Majeure Event). Mister Blister performance under any Contract shall be suspended for the period that the Force Majeure Event continues, and Mister Blister will have an extension of time for performance for the duration of that period. Mister Blister will use its 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. |
21. WaiverIf Mister Blister fails, 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 Mister Blister fails to exercise any of the rights or remedies to which it is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with your obligations. A waiver by Mister Blister of any breach by you does not mean that Mister Blister waives any subsequent breach by you. No waiver by Mister Blister of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. |
22. SeverabilityIf any court or competent authority decides that any of the provisions of these Terms and Conditions or any provision of a Contract are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law. |
23. Third Party RightsA person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. |
24. Written Communications and NoticesApplicable laws require that some of the information or communications Mister Blister sends to you should be in writing. When using the Website, you accept that communications with Mister Blister will be mainly electronic. Mister Blister will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Mister Blister provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. |
25. HeadingsThe section headings used in these Terms and Conditions are for convenience only and do not affect interpretation of these Terms and Conditions. |