TERMS & CONDITIONS
‘MUFF’ & ‘MUFF DIVER’ is a registered trademark of Merlins Underwater Fashion Freaks Ltd.
These terms and conditions apply to the use of the muff.co.uk website and all other websites linking to it directly.
Third Party Information
We cannot be held responsible for material held on third party websites or any other written material. The only prices that apply for MUFF products are those stated our material. We cannot vouch for the reliability of prices stated on shopping directories or, otherwise, through any other third party material.
Intellectual Property Rights And Trademarks
‘MUFF’ & ‘MUFF DIVER’ is a registered trademark of Merlins Underwater Fashion Freaks Ltd
Certain other trademarks, trade names, services marks and logos used or displayed on this website are registered or unregistered trademarks, trade names and service marks of . Other trademarks, trade names and service marks used and displayed on this website are the registered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, services marks or logos displayed on this website without our written permission or the written permission of such third party owner.
Copyright
All rights including without limitation copyright, designs, pictures, logos, photography, text and trademark rights, in the content of the muff.co.uk web pages are owned and controlled by Merlins Underwater Fashion Freaks Ltd. In accessing the muff.co.uk website you agree that you may only download the content or your own individual and non-commercial use. You are not permitted to copy, broadcast, store (in any medium), transmit, show or play in public, adapt or change in any way the content of muff.co.uk web pages for any purpose whatsoever without the prior written approval of Merlins Underwater Fashion Freaks Ltd.
Limitations Of Liability
‘MUFF’ & ‘MUFF DIVER’ is a registered trademark of Merlins Underwater Fashion Freaks Ltd
Our total liability for any claim howsoever arising shall not exceed the purchase price for the goods supplied by us to the customer, together with any postage costs incurred. We shall not be liable for any injury (other than death or personal injury) damage or loss, including consequential customer loss whether this arises from a breach of duty of contract or in any other way. Merlins Underwater Fashion Freaks Ltd cannot accept any liability for a failure to comply with a specific instruction contained in the catalogue or this website. Customer’s statutory rights are not affected by this statement. Nothing in these terms and conditions will exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any of the materials, from this website. In no event will we, our respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages(including without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of this website, any websites linked to this website, or the materials, information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or the other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Merlins Underwater Fashion Freaks Ltd is expected to do. You confirm that, in agreeing to accept the Conditions you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has been a term of the Conditions.
Governing Law
These Terms and Conditions supersede any previous agreement between you and us. These Terms and Conditions are governed by and construed in accordance with the laws of England. Any disputes shall be referred to the exclusive jurisdiction of the English Courts to which both parties will submit
Merlins Underwater Fashion Freaks Ltd ( MUFF & MUFF diver ‘we’, ‘us’ or ‘our’) provide the services available on these websites. By using any part of these websites, completing your customer registration details with us and/or placing an order or requesting a catalogue or entering a competition on our website you agree to be bound by these terms and conditions.
You should note these terms and conditions can potentially change at any time, and it is up to you to check the terms and conditions regularly before ordering any products or other services in case there have been any changes. If you do not agree with the terms and conditions set out below, you should not use or access our website. If you are unsure or have any queries relating to our terms and conditions, please contact us through our ‘ contact us ‘ form or call us on +44 (0)845 223 6969 before placing an order.
Eligibility
To be eligible to purchase goods or services on our website or to lawfully enter into and form contacts on our website you must:
- a) Be the holder of a valid debit/credit card.b) You agree not to impersonate any other person or entity or use a false name or a name that you are not authorized to use.
You warrant that the personal information, which you are required to provide, is true, accurate and current in all respects. If your personal information changes then please notify us immediately by contacting customer services on our ‘ contact us ‘ form or call +44 (0)845 223 6969.
Age Limit For Using This Website
If you are under the age of eighteen years you are not able to place an order or register to receive a catalogue or newsletter. If you are under the age of eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian.
Your Responsibility If You Break These Terms and Conditions
You agree that if you break these terms and conditions, or any liabilities incurred arising out of your use of these websites, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent.
General Information
Your contact for purchases made through muff.co.uk or through telephone or in writing is with Merlins Underwater Fashion Freaks Ltd and you undertake that all goods ordered by you are for your own private and domestic use and are not for resale.
Selling Prices
All prices indicated for products and services available via muff.co.uk are inclusive of VAT at the current rates and are stated in £ sterling. These are exclusive of delivery charges. The total cost of your order is the price of the products and services ordered (less any promotional discount, if applicable) and the delivery charges as set out at the checkout on our website.
Where the order is for a delivery address outside the European Community (EC) such VAT will not apply.
We reserve the right to apply VAT on orders that have a delivery address within the European Community (EC) at the time of dispatch.
Promotional Offer Codes
We may, from time to time, as part of a promotion or for other reasons, publish offer codes e.g. money or percentages off certain of our products or the value of your shopping basket. Unless specified, these codes will solely relate to the subject of a particular promotion and are not available to be used in conjunction with any other offer, price reduction or in respect of sale or clearance merchandise and will not apply to postage and packaging charges.
The codes will only be valid from the specified start and end date. No codes will be valid for retrospective use.
Returns
These are governed by our Returns Policy to read more about this please click on the appropriate link below.
Payment Methods
We accept most major credit/debit cards. Namely Visa, MasterCard, Delta, Maestro and AMEX. All credit and debit cards are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. Your payment card is debited as and when we take authorization for the payment.
Payment Card Validation
One of the primary methods of payment card validation is by using the Card Validation Code (CVC) which is made up of the three last numbers of the code contained on the reverse of your credit or debit card. The Card Validation Code is an authentication scheme which gives you added security against the fraudulent use of the card.
Pre-Ordering
From time to time we offer watches for sale prior to release, or when out of stock. You can register an interest for such an item by signing up with us.
Delivery
We will deliver goods in accordance with the delivery option selected by you during the order process. The delivery period stated within which you receive your order is approximate. We try to maintain excellent stock levels but sometimes demand, particularly on new models and items subject to promotional offers, can take us by surprise and products become unavailable. If this is the case we will tell you as soon as possible and keep you updated as to your order status.
Products will be sent to the address given by you in your order. If your delivery address is outside the United Kingdom, you may have to pay import duties and taxes, which is levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note that customs policies vary from country to country. We recommend you contact your local customs office for further information.
Please note international shipments may, from time to time, be subject to cross border inspections by customs authorities.
Legal Title
The legal title to the goods and the risk in the goods will pass to you on delivery of the goods.
Privacy Policy
Our policy is outlined in the Privacy Policy section of this website. To read more about these please click on the link.
Our Email Policies
We will send you e-mail relating to your account which will include order confirmations, dispatch updates and credit card problem notifications.
In addition we will send you regular e-mail newsletters relating to new product releases or our latest offers. If you no longer wish to receive a newsletter, you can follow the ‘unsubscribe’ instructions located towards the bottom of each newsletter.
Competitions, Prize Draws & Prizes
These rules apply to all prize promotions including free draws and prize competitions and instant win offers (the “Competition/s”). From time to time we run Competitions on this website or at outside events e.g. national press or via our catalogue. If any of these competitions are subject to additional terms these will be made available at the time. Competitions are only open to UK residents aged 18 and over. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered. We will provide the prize, as specified, to the winning entrant. In the unlikely event the item is not available we reserve the right to substitute any prize for another prize of equal value. NO PURCHASE NECESSARY to enter the Competitions unless otherwise stated on the promotional activity with a specific competition.
In the case of a pre-order prize draw then this will only be valid in respect of a legitimate pre-order and will only be available on one pre-order, per person, per model basis. By entering a Competition, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the Competition. By entering the Competitions, the entrant agrees to the terms of our Privacy Policy.
Competition winners will be randomly selected from the entries received unless stated otherwise in the promotional material which accompanies a Competition. Entries in the incorrect format or submitted by bulk competition entry organisations on an entrants behalf will not be considered. Entries cannot be returned. Winners will be notified by email, post or telephone no later than seven (7) days of the draw, unless otherwise specified. Winners have five (5) business working days to respond in full to the email/phone call or another winner will be drawn. By entering the Competition, the winner(s) consent to any publicity generated as a result of the Competition. We will consult with the winner in advance of his/her details being made available outside ourselves. Competitions are open to all residents of the UK and worldwide, except employees of Merlins Underwater Fashion Freaks Ltd and their immediate families together with those of any marketing agency and anyone else who may have been used by us in the creation and administration of the competition. The decision of the directors of Merlins Underwater Fashion Freaks Ltd is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received. Only one entry per person. Spammers and entries received by bulk will be disqualified. We do not accept responsibility for lost through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt. The Competitions are conducted by ourselves, unless where specified. Details of any winners can be obtained by contacting us whether by post or e-mail, specifying the name of the competition, within 21 days of the closing date of the competition. We shall be permitted to exclude any entrant at any time at its sole discretion.
Suggestions, Submissions, Ideas And Testimonials
We welcome enquiries and feedback on the products and services you use or might like to purchase; however, whilst this is always appreciated we reserve the right to decline any unsolicited suggestions and ideas. Notwithstanding this policy, any suggestions and ideas, any enquiries, any testimonials, feedbacks, suggestions, ideas or other information you provide us (collectively,’ Submissions’) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty- free, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivate works from, distribute, and display and Submission in any form, media, or technology, whether known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to a civil liability, or otherwise violate any law. In addition to all remedies that we may have at law or in equity, if we reasonably determine you have violated or likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including the immediate removal from either website of the related materials.