Terms and Conditions of Sale
When you purchase a product on the Website, you are entering into a contract with Titan Distribution (UK) Ltd.
The products available for sale on the Website are offered for sale by Titan Distribution (UK) Ltd, a licensed producer and distributor of MudMixer® products. References in these Terms to “we”, “us” and “our” refer to Titan Distribution (UK) Limited.
We are a limited company registered in England and Wales under company number 02352328 and have our registered office at Bridge Road, Cookley, Kidderminster, Worcestershire, England, DY10 3SD, United Kingdom. Our main trading address is Suite 7 Mere one, Mere Grange, Leaside, St. Helens, Merseyside, WA9 5GG, United Kingdom. Our VAT number is GB519713437.
To contact us, please email orders@mudmixer.co.uk.
These Terms and Conditions of Sale (these “Terms”) apply to all orders for products which are placed by customers on www.mudmixer.co.uk (the “Website”).
Please read these Terms carefully before placing an order with us. By ordering products from the Website, you signify your agreement to be bound by these Terms.
We do not give business customers all the same rights as consumers
For example, business customers cannot cancel their orders, they have different rights where there is a problem with a product and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
When you buy from us you are agreeing that:
- We only accept orders when we have checked them.
- Sometimes we reject orders.
- We charge you when we accept your order.
- We charge interest on late payments.
- We pass on increases in VAT.
- We are not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- We charge you if you do not give us information we need.
- If you are a consumer and you bought online, you have a legal right to change your mind.
- You have rights if there is something wrong with your product.
- We can change products and these Terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products.
- We do not compensate you for all losses caused by us or our products.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
If you are a business customer this is our entire agreement with you
If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and that you have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
We only accept orders when we have checked them
Your order placed on the Website is an offer to us to buy the products in your order. When you place an order to purchase a product from us on the Website, we will send you an email confirming receipt of your order and containing the details of your order. This is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the products ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we have dispatched the product to you.
You can cancel your order for a product at no cost any time before we send the email confirmation relating to that product.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside of the UK, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We may also limit the sales of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may also limit the quantities of any products that we offer. We may limit quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order for these reasons, we will notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our opinion, appear to be placed by dealers, resellers or distributors.
We charge you when we accept your order OR we supply your product
However, for some products we take payment at regular intervals, as explained to you during the order process. You will own the product once we have received payment in full.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments
If we are unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We are not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as flood, fire, earthquake, war, riot or other civil unrest, strikes, pandemics and other similar events, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we do not have to compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team by filling in the form at https://mudmixer.co.uk/pages/contact or by contacting us at [insert Titan customer service email address] or on [PHONE NUMBER] to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product's true colour may not exactly match that shown on the Website or its packaging may be slightly different.
If you are a consumer and you bought on our Website, you have a legal right to change your mind
Your legal right to change your mind if you are a consumer. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs.. This is subject to some conditions, as set out below.
The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 14 days after the day we deliver your product (the cooling-off period). If the products you have ordered are split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know. To let us know you want to change your mind, contact us at orders@mudmixer.co.uk.
You have to return the product at your own cost. You have to return the product to us within 14 days of your telling us you have changed your mind. Returns are at your own cost.
You must send the product back to us using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you do not do this and we do not receive the products at all or within a reasonable time, we will not refund you the price. For help with returns, see our Refund Policy: https://mudmixer.co.uk/policies/refund-policy or contact us at [insert Titan customer service email address].
We only refund standard delivery costs. For example, we do not refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store before purchase, we reduce your refund to compensate us for its reduced value. For example, we reduce your refund if the product has been used, if the product's condition is not "as new", the packaging is damaged or parts are missing. In some cases, because of the way you have treated the product (for example if it shows signs of use), no refund may be due. Our Customer Service Team can advise you on whether we are likely to reduce your refund.
When and how we refund you. We refund you within 14 days of receiving the products back from you (or receiving evidence you have sent the products to us). We refund you by the method you used for payment. We do not charge a fee for the refund. If your product has not been delivered by the time you let us know you want to change your mind, then we will refund you as soon as possible and within 14 days or your telling us you have changed your mind.
Additional “no defect” cancellation period for customers
All customers have the right to cancel and request a return of a product up to 30 days after delivery of the product. For consumer customers, this additional time (of up to 30 days after delivery) is in addition to their legal rights to cancel within the cooling-off period referred to above. Therefore, these cancellation rights (and the conditions applicable to them) apply to business customers up to 30 days after the delivery of the product, and apply to consumer customers after the expiry of the 14-day cooling-off period for consumer customers and up to 30 days after delivery of the product (the “Additional Cancellation Period”).
To be eligible for a return, your item must be in the same condition that you received it, unused, and in its original packaging. You’ll also need the receipt or proof of purchase.
You may receive a partial or no refund on used, damaged or materially different returns. Please note, the original shipping cost is non-refundable if you cancel (for consumers the original shipping cost is non-refundable if you cancel within the Additional Cancellation Period), and a 10% restocking fee will be deducted from your refund.
To start a return, you can contact us at [insert Titan customer service email address]. If your return is accepted, we will send you instructions on how and where to send your package.
Return shipping is arranged and paid for by the customer. Items sent back to us without first requesting a return will not be accepted.
You have rights if there is something wrong with your product
Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team at [insert Titan customer service email address].
Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are in conformance with the contract between us (meaning as described to you on our Website and that meet all the requirements imposed by law). Remember too that You have several options for resolving disputes with us. For information about your rights and available remedies as a consumer please visit the Citizen’s Advice website www.citizensadvice.org.uk.
Your rights if you are a business. We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
- conform in all material respects with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These Terms shall apply to any repaired or replacement products supplied by us.
Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:
- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our instructions as to the storage, use or maintenance of the product or (if there are none) good trade practice;
- you do not perform the routine maintenance specified in the owner’s manual;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, deliberate damage, negligence, or abnormal working conditions.
We can change products and these Terms
We can always change a product and these Terms:
- to reflect changes in relevant laws and regulatory requirements;
- to make the terms easier to understand or to reflect any changes we make to the products we provide; and
- to make minor technical adjustments and improvements.
If we change the product, we are not obliged to modify any product manufactured before we make this change.
We can suspend the supply of a product. We do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see We can change products and these Terms).
We may adjust the price and may allow you to terminate. We will contact you in advance to tell you that we are suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we are going to suspend supply, for more than 30 days you can contact our Customer Service Team to end the contract, and we will refund any sums you have paid in advance for products you will not receive.
We can withdraw products
We can stop providing a product. If we stop providing the product after you have ordered it, we will contact you and we refund any sums you have paid in advance for products which will not be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of our reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, delivery information;
- you do not, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you are a consumer and have said you will collect a product but you do not do this within 14 days then we treat your order as cancelled and refund the purchase price, see If you are a consumer and you bought online, you have a legal right to change your mind.
We do not compensate you for all losses caused by us or our products
Our liability to consumer customers. If you are a consumer customer, we are not responsible for losses you suffer caused by us breaking this contract if the loss is:
- Unexpected, which means it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We are not responsible for delays outside our control.
- Avoidable, which means something you could have avoided by taking reasonable action. For example, by correctly following the instructions in the owner’s manual or following our regular maintenance recommendations.
Our liability to business customers. If you are a business customer, then, except in respect of the losses described in Losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
Losses we never limit or exclude. Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any liability that cannot legally be limited.
No implied terms about goods when selling to business customers. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 when selling the products to business customers.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: https://mudmixer.co.uk/policies/privacy-policy
You have several options for resolving disputes with us
You can contact our Customer Service Team. Our Customer Service Team will do their best to resolve any problems you have with us or our products. If you have a complaint or an issue with any products, please contact us at orders@mudmixer.co.uk.
You can go to court. These Terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
We do not sell products for purchase by children. You must be at least 18 years of age purchase the product.
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and if you are a consumer we will ensure that the transfer won't affect your rights under the contract.
If you're a business you need our agreement to transfer your contract with us to someone else, and it is entirely up to us whether we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.