For ordering Products from this Site, You will be asked to expressly and fully agree to these terms and conditions. Please read them carefully.
(1) Definitions and interpretation
In this Agreement “we” means Munk Bogballe Ltd. (and “us” and “our” shall be construed accordingly); “You” means the relevant customer or potential customer as the case may be (and “Your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement.
“First Acknowledgement” means the initial automatic email acknowledgment which we will send to You after receiving Your Order.
“Order” means Your order for Products made via the Site.
“Products” means goods which may be purchased by You from the Site.
“Second Acknowledgement” means the email acknowledgement, which we will send to You confirming acceptance of Your Order and entering into contract with You.
“Site” means the website at www.munkbogballe.com or any successor site operated by us.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation to treat”. Your Order for Products constitutes a contractual offer. No contract comes into force between You and us unless and until we accept Your Order by sending out our Second Acknowledgement.
Entering into this Agreement with us, You will need to take the following steps:
1. define and add the Products You wish to purchase to the form on our Site;
2. confirm Your Order and Your consent to the terms of this Agreement;
3. send Your contractual offer by filling out the form with a) Your personal details and details for delivery and b) Your credit card details. The information is given through the forms available via the "Buy" menu point.
4. We will then send You the First Acknowledgement, confirming that Your Order has been received.
5. Once we have checked whether we are able to meet Your Order, we will either send You the Second Acknowledgement or we will confirm by email that we are unable to meet Your Order.
The contract will be completed by Your receipt of our Second Acknowledgement, i.e. our binding acceptance.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version You have agreed to will remain accessible. We therefore recommend that You download, print and retain a copy of this Agreement for Your records.
The only language in which we offer this Agreement is English.
Before You place Your Order, You will have the opportunity of identifying whether You have made any input errors by. You may correct those input errors before placing Your Order.
(3) About us
Our full name is Munk Bogballe Ltd. Our registered office is 29, Harley Street, W1G 9QR London, UK. Our company registration number is 06335510. Our email address is mb@munkbogballe.com.
(4) The Products
All Products available are described in detail on our Site. The ordered Products will be specified in the Second Acknowledgement.
The Products provide for the functions, properties and quality corresponding to the specifications, descriptions, and advertising of those products presented in the material on our Site.
(5) Price and payment
Prices for Products are quoted on the Site. It is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product’s correct price will be stated in the Second Acknowledgement.
All prices are calculated and accounted in British Pound Sterling.
In addition to the price of the Products, You will have to pay a delivery charge, which will be as stated in the Second Acknowledgement.
Payment must be made by the date of the Order of our Products. We will withhold the Products and/or terminate this Agreement if the price is not received from You in full, on time, in cleared funds.
The prices on the Site include any value added or sales taxes, where applicable.
Payment for all Products must be done via the options offered during the buying process.
(6) Delivery
We will arrange for the Products to be delivered to the address for delivery indicated in Your Order. We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is set out in our Second Acknowledgement, within 3 weeks as of the date of our Second Acknowledgement. We cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of receipt of payment.
The Customer holds the risk of the actual receipt of our Products at the address stated within the Order.
(7) Risk and title
The Products will be at Your risk from the time of delivery. Ownership of the Products will only pass to You after we receive full payment of all sums due in respect of the Products (including delivery charges).
(8) Consumer rights
You may cancel this Agreement at any time within 7 working days after the day You received the Products (subject to the limitations set out below).
If You cancel this Agreement on this basis, You must inform us using our contact form on the Site and return the Products to us immediately, in the same condition in which You received them. Products returned by You within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to You). However, You will be responsible for paying the cost of returning the Product to us.
If You cancel this Agreement on this basis and You do not return the Products, we may recover the Products and charge You for the costs we incur in doing so. Similarly, if You return the Products at our expense, we may pass that expense on to You.
The customer is obliged to inspect the quality of the delivered Product pursuant to the Sale of Goods Act.
(9) Defective Products
The Products have been tested before delivery.
If You return the Products because of a defect, we reserve the right to either repair or supply a replacement or substitute Product. You may cancel this Agreement if the replacement Products or repaired Products supplied are defective. Products returned by You because of a defect will be refunded in full (including the cost of sending the Products to You).
(10) Refunds
If You cancel this Agreement and are entitled to a refund, we will usually refund any money received from You using the same method originally used by You to pay for Your purchase. We will process the refund due to You as soon as possible and, in any event, within 30 days of the day we received Your notice of cancellation.
(11) Warranties
By ordering our Products, You warrant to us that: You have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable You to lawfully enter into this Agreement; You are legally capable of entering into binding contracts; You are at least 18 years old; the information provided in the Order is accurate; and You will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, we disclaim all warranties with respect to the Products to the maximum extent permitted by applicable law, whether expressed or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude Your or our liability for:
(i) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987;
(ii) for fraud or fraudulent misrepresentation; or
(iii) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the amount of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control, including Force Majeure.
(13) Privacy Policy
We will treat all Your personal information that we collect in connection with Your Order confidentially. We will not disclose or sell any of the information given to us during Your visit of our Site, unless it is required to fulfil our contractual obligations to You. The use of our website will be subject to our Website Terms and Conditions.
(14) General terms
Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.
This Agreement may only be varied by an instrument in writing signed by both You and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with You. .
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of Your rights or obligations arising under this Agreement. Any attempt by You to do so shall be null and void.
This 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 under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this 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 term, provision or condition or any other term, provision or condition of this Agreement.
Website terms and conditions
(1) Introduction
This disclaimer governs Your use of our website; by using our website, You accept this disclaimer in full. If You disagree with any part of this disclaimer, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
(3) Licence to use website
You may view or download for caching purposes only from the website for Your own personal use, subject to the restrictions below.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(d) edit or otherwise modify any material on the website; or
(e) redistribute material from this website.
(4) Limitations of liability
The information on this website is provided free-of-charge, and You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under this disclaimer or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide You with a user ID and password to enable You to access restricted areas of our website or other content or services, You must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under Your user ID or password.
We reserve the right to disable Your user ID and password at our discretion without any notice.
(6) Variation
We may revise this disclaimer from time-to-time. Please check this page regularly to ensure You are familiar with the current version.
(7) Law and jurisdiction
This disclaimer will be governed by and construed in accordance with English law, and any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of England.
[(8) Registrations
We are registered with Companies House. Our registration number is 06335510.
(9) Our contact details
The full name of our company is Munk Bogballe Ltd. We are registered in England & Wales under registration number 06335510. Our registered address is 29, Harley Street, W1G 9QR London, UK.
You can contact us by email at: mb@munkbogballe.com.
