Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.moltenwonky.co.uk (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Infomation about us
moltenwonky.co.uk is a website operated by Molten Wonky.
Our main trading address is Molten Wonky, Bulls Bridge Farm, Hempstead Essex, CB10 2PP. We are not VAT registered.
Our site is intended primarily for use by people resident in the UK.
By placing an order via this website you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in the UK;
(d) you are accessing our site from the UK.
Once you have placed your order online we will send you an email confirmation to say that it has been received.
A contract between you and Molten Wonky for the sale of our items will only exist once the order has been accepted, processed and despatched to you.
The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation.
We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products.
You will receive a full refund of the price paid for the Products in accordance with our refunds and returns policy.
The exception to this is if you have ordered “Bespoke or Personalised” Products.
To cancel a Contract, you must inform us in writing or by email. In addition, the Products must be in the same condition in which you received them.
For the avoidance of doubt and without limitation, that they must be in perfect resaleable condition and undamaged in any way.
You have a legal obligation to take reasonable care of the Products while they are in your possession.
This does not affect your statutory rights.
Conformity Of Products
We take every care to ensure that the descriptions and specifications of our items are correct at the time of going to press.
Our policy of continuous product development means we reserve the right to amend the specification of Products without prior notice in relation to future sales.
However, specifications and descriptions of items on our website are not intended to be binding and are intended only to give a general description.
Our products have finishes that are applied to the exterior of our Products. Due to the nature of the materials used, finishes may vary including materials
Furthermore, while the colour reproduction of the items is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.
Either we, or our nominated delivery partner, will contact you to notify you when your Products are available and will arrange a date for delivery to the address specified by you.
Either we, or our nominated delivery partner, will deliver your Products to any UK mainland address (including highlands and Islands).
The charges will vary, but will be indicated when you place your order.
We reserve the right to require proof of identification from you when making a delivery to you.
You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
For deliveries of large items (e.g. wonkylands) to any non-mainland UK address, our delivery charges are for delivering to the nearest mainland port.
The transportation of your Products from the depot to your address will be your sole responsibility and at your sole cost.
We will contact you to notify you when your Products are available for collection from either us or our delivery partner’s depot and we will inform you of when you will be able to collect your Products from the depot.
We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery.
Neither we, nor they, can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you, or the person to whom the order is addressed has received delivery.
You are responsible for checking the condition of the products delivered and must highlight any issues upon receipt with an email to firstname.lastname@example.org
Warrantees and Guarantees
We guaranteed our products for 1 year.
This guarantee is against faulty workmanship and/or faulty materials, with the exception of fillings and coverings.
These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.
In the event of a claim under guarantee occurring, please contact email@example.com giving your sales invoice number, your address, contact details and a summary of the problem with accompanying photos if requested.
We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.
In the event of an accepted claim we will endeavour to replace the defective element/part free of charge.
The replacement element/part will be from our refurb stock and as close to the origional as possible.
If a replacement element/part is not available will you be offered a refund.
We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us.
This does not affect your statutory rights.
Our guarantees are limited to goods sold and retained in mainland United Kingdom (including Northern Ireland).
Risk and Ownership
Risk, damage and loss of the products passes to you at the time of delivery.
You will only own the title of goods once they have been successfully delivered and when we have received cleared payment in full including any delivery charges.
Prices and payments
The price of any products will be quoted on our site, unless there is an obvious error.
Our prices have no VAT added (we are not vat registered) but exclude any delivery costs which will be added to the total amount due as set out in the delivery charges.
Prices of goods are subject to change without notice but will not affect orders which have already been confirmed.
Our site contains lots of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
We will normally confirm prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.
If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
We accept payment for all Products by personal cheque, BACS payment (which must be received and cleared before delivery), credit or debit card.
We accept payment by Visa, Mastercard, Delta, Maestro.
Products will not be delivered until full payment has been received.
Your credit/debit card will be authorised and charged when your order is placed online.
Prices quoted on our site are inclusive of any taxes due and are shown in pounds sterling (£)
Returns and refunds policy
A:When you return a Product to us becausenyou have cancelled the Contract between us within the 14 day cooling-off period we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full.
If we delivered the Product which is a large item (eg wonkyland) to you directly and you are resident in the UK mainland,
we will not refund the delivery charge for delivering the Product to you (if any).
Goods will be returned to us at your own cost and it is your responsibility to ensure that these arrive with us.
We do not accept liability for goods lost in transit.
If we did not deliver the Product to you (i.e. if you are resident outside the UK mainland), you will be responsible for returning the Product safely to the depot from which it was collected and you will be solely responsible for any costs associated with returning the Product to the depot.
We will be responsible for any cost incurred in collecting the unwanted Product from the depot.
B:When you return a Product to us for any other reason (or because you claim that the Product is defective)
we will examine the returned Product and will notify you of your refund if applicable via telephone or e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
Products delivered to you in mainland UK by us and returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us (if any).
Any charges and costs are to be agreed with us in writing in advance of your incurring them.
If the products were delivered to a forwarding depot and not delivered by us or our nominated delivery representative and returned by you because of a defect, you will be refunded in full, although you shall be responsible for the costs incurred by you in returning the Product to the depot from which it was collected.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Once the Customer has placed an order for our 'Personalised or Bespoke products ' the order may not be cancelled since work may have been started on making these items.
We warrant to you that any Product purchased from us through our site 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 breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.
Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence),
breach of contract or otherwise, provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms above or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.
You will be responsible for payment of any such import duties and taxes.
Please note that we have no control over these charges and cannot predict their amount.
Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing.
When using our site, you accept that communication with us will be mainly electronic.
We will contact you by e-mail or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
All notices given by you to us must be given to Molten Wonky, Bulls Bridge Farm, Hempstead, Essex CB10 2PP or email firstname.lastname@example.org.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Force Majeure Events
We will not be 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 our reasonable control (Force Majeure Event).
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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any 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 for the duration of 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.
If we fail, 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 we fail to exercise any of the rights or remedies to which we are entitled under the 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 these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with our notices above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to change these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Terms for using this website
Access to our website
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice.
We will not be liable if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual propert rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.
Those works are protected by copyright laws and treaties around the world.
All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Your infomation and visit to our site
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions through our site
Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms of conditions of supply.
Viruses, hacking and other offences:
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Site linking to us
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
Site links from us
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Jurisdiction and applicable law.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact us via email or phone. Thank you for visiting our site, have a nice day!
Molten Wonky, are committed to protecting and respecting your privacy
For the purpose of the Data Protection Act 1998 (Act), the data controller is Molten Wonky , Bulls Bridge Farm, Hempstead, Essex, CB10 2PP.
Infomation that may be collected about you
Information that you provide by filling in forms on our site www.moltenwonky.co.uk
This includes information provided for a susbscription service, or requestion further services.
We may also ask you for information when you report a problem with our site.
If you contact us, we may keep a record of that correspondence
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfilment of your orders.
Details of your visits to our site and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers.
This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer.
Cookies contain information that is transferred to your computer's hard drive.
They help us to improve our site and to deliver a better service.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies.
However, if you select this setting you may be unable to access certain parts of our site.
Where your personal data is stored
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA").
It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
By submitting your personal data, you agree to this transfer, storing or processing.
All information you provide to us is stored on secure servers.
Any payment transactions will be encrypted using SSL technology.
Unfortunately, the transmission of information via the internet is not completely secure.
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes.
We will usually inform you (before collecting your data) if we intend to use your data for such purposes.
You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.
You can also exercise the right at any time by selecting the “unsubscribe” button on any marketing materials which you receive.
Our site may contain links to and from the websites of advertisers and affiliates.
If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
Please check these policies before you submit any personal data to these websites.
Access to your information
This Act gives you the right to access information held about you.
Your right of access can be exercised in accordance with the Act.
Any access request may be subject to a fee of £10 to meet our administration costs in providing you with details of the information we hold about you.