means these terms and conditions;
means the contract incorporating these conditions which is formed when you place an order and we confirm acceptance of such order;
means countries other than the United Kingdom
means an order placed by you via this website for one or more products;
means all and any information provided by you in an order or when registering on any part of this website to include without limit your name, address and card details;
means any product advertised on this website;
means England, Scotland, Wales, Northern Ireland and Isle of Man
means Mellow Be
means www.mellowbe.co.uk which is operated by us;
means a user of this website.
USE OF THIS WEBSITE
Application of these Conditions
These conditions apply to use of this website and are the terms and conditions on which we will supply any of the products to you and by proceeding further and/or placing an order you agree to be bound by the conditions. If you do not agree to be bound by them, you should leave this website now.
Please click on the button to mark your acceptance of these conditions before placing an order if you accept them. Please understand that if you refuse to accept these conditions, you will not be able to order any products from the website.
The terms and conditions applicable to the purchase of products offered for sale through this website and the equivalent terms and conditions for sale through Mellow Be website and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this website shall not be valid in connection with any purchase through Mellow Be website or elsewhere, and promotions and offers available through our website or elsewhere shall not be valid in respect of website purchases.
We may change these conditions from time to time without notice to you. Changes will apply to any subsequent orders received. It is your responsibility to check regularly to see if any changes have been made to these conditions. We reserve the right to modify or withdraw this website at any time without liability to you.
Contact us if you have any questions relating to these conditions or ordering the products generally by using the contact us page.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of products given on this website are as accurate and complete as possible but there may be variations between these and the products themselves. All Products are subject to availability.
Prices appearing on this website are inclusive of VAT (where applicable) at the current rates.
The cost of your order will be the price of the products ordered plus the appropriate delivery charge outlined in the “Delivery” section below.
Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs you will be notified and requested to reconfirm your order at the altered price.
By notifying you, we shall be entitled to cancel any contract in whole or in part to the extent that it is for the purchase of a product the price of which was stated incorrectly on the website.
Placing an Order
You must not order products via this website if you are younger than 16 years of age.
All orders are subject to acceptance by us and are subject to availability. You may cancel a contract and obtain a refund any time within 14 days after receipt of products by notifying us in writing and returning the products to us (See “Returning Products” below.).
There are easy and flexible ways for you to pay for your order. We accept:
Simply complete the details when prompted to do so in the checkout section of this website.
You confirm that the card or PayPal account being used is yours.
We may undertake searches with credit reference agencies for the purpose of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. By submitting your order You agree to this
You agree to indemnify us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these conditions by you or any other liability arising out of your use of this website or out of the use of this website by any person using your account number and/or password.
We warrant to you that any product purchased from us through the website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaching this contract is strictly limited to the purchase price of the product you purchased.
To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the products.
We will not be liable to you in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by you arising out of the subject of these conditions.
Nothing herein shall affect your statutory rights.
Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
English language is the only language offered for the conclusion of a contract.
We may assign or transfer any of our rights or obligations under a contract.
You may not assign or transfer any of your rights or obligations under this contract.
If we fail, at any time of the contract, to insist upon strict performance of any of your obligations under the contract, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of the terms and conditions of the contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any part of these conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
Each contract shall be governed by these conditions which contain the entire agreement between you and us in respect of its subject matter and supersedes any previous agreements relating to such matter.
These conditions shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
The Contracts (Rights of Third Parties) Act 1999 shall not apply.
It is important to us that you are completely satisfied with all products purchased from us. If there is any reason why you are unhappy with any product you order from us, you can simply return it to us within 7 days from receipt. If after purchase, any product fails to give reasonable wear - due to either defective workmanship or materials we will credit the purchase price to your account this guarantee is in addition to and does not affect your statutory rights.
At all times, we will endeavour to deliver your order as speedily as is possible. Standard delivery will be up to 4 working days. A charge of £2.00 will be added to each order in respect of the delivery of that order to an address of your choice. Due to circumstances beyond our control, at times, this charge may have to be adjusted. If this is found to be necessary notification of such will be posted on our website. We will, at our discretion exclude delivery to any addresses which are considered to be insecure.
The above rate does not apply to shipping abroad. However the shipping rate from the UK to the designated country would always be charged at cost. All shipping costs are payable by the buyer. Shipping cost would be sort at the time of ordering.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licensors. Mellow Be is a registered trademark owned by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (“Force Majeure Event”).
Additional taxes, fees or levies may apply according to local legislation.
Recipients of deliveries made outside the UK may have to pay import duty or
formal customs entry fees. Any customs or import duties are charged once the
goods reach the destination country and these charges are Your responsibility
and must be paid by the recipient. Unfortunately we have no control over these
charges and cannot tell You what the cost would be as customs policies and
import duties vary from country to country.
In addition some countries have import restrictions on certain products or materials. You are responsible for determining whether there are any restrictions on delivery of our products to your selected destination. You can contact your local customs office for assistance regarding these matters.
Delivery may be delayed by local customs because of this but unfortunately this is out of our control.
Please check the contents of your order immediately upon receipt. Should you feel that there is a valid reason for returning any of the items, please contact us immediately. Once the return has been agreed, please package the items in the original packaging in which they were received and ship back to us. It is important that you request a proof of posting from your post office. On receipt of the returned item(s) your account will receive the agreed credit. If the items go missing during their return, and you are unable to produce a proof of posting (for the goods returned) we will be unable to credit your account. The return shipment is your responsibility. The fee for the return shipping is payable by you. Shipping and handling charges are non-refundable.
All of our products are inspected before it is packaged for purchase. In the unlikely event of products being damaged, please contact us immediately, this should be within 3 days of receipt. We will then agree to replace the goods. If the goods should no longer be available an alternative will be offered. Failing acceptance, a Mellow Be credit will be produced to use towards future purchases. The return address will appear on any paperwork produced by us.
All orders are subject to stock availability. We will inform you as soon as possible if any products in your order are not available and will cancel these items from your order.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licencors. Mellow Be is a registered trademark owned by us.
Events Outside Our Control
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:-
Our performance under the 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 during 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.<!-- Google Tag Manager (noscript) -->
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