Terms & Conditions
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. You must understand and agree to the terms and conditions before completing a transaction with MessySupplies.com. By completing a transaction, you are in accordance of the terms and conditions.
The terms 'MessySupplies' and MessySupplies.com' are to refer to the parent and managing body, MessySupplies.com. The terms 'us', 'we', and 'our' will refer to MessySupplies.com. The terms 'you', 'yours', 'customer', 'member' and 'affiliate' are to refer to you, the recipient of our products.
The utmost care has been taken to ensure the products sold are unique and of the best quality possible. We use a variety of suppliers and ensure we get the best prices to pass onto our customers. From time to time, mistakes are made and will be rectified at our earliest convenience.
By your confirmation of these terms you understand that at any time and without notice we can adapt, change, edit and remove any products from the store.
Price and Payment
Prices for products are quoted on our website. The website contains a number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website exclude all value added taxes. Value added tax will be added on checkout if applicable.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order.
Before you place your order, you will have the opportunity of identifying whether you have made any errors by reviewing the contents of the shopping cart. You may correct those input errors before placing your order by editing the shopping cart and updating your changes.
If you have any questions or queries regarding the items or price of items then please contact us prior to making an order.
Where a time scale is mentioned, this includes business days only. It will exclude Saturdays, Sundays, Bank Holidays & Public Holidays. If you make an order on a weekend, bank holiday or public holiday in the United Kingdom, then we will process you order on the next available business day.
If an order is cancelled during processing or once processed, this may incur an admin fee.
The specified shipping time begins at the moment the order is dispatched.
Parcel not arrived
If, in the unlikely event, you haven't received your package within 14 business days after receipt of the Shipped & Tracking notification date, we encourage you to contact us and we will take appropriate measures to investigate the problem. As you can appreciate, once the package has left our office we are unable to influence the timings of delivery. However, we will do our utmost to assist you.
If a product is returned to us by the postal company as a result of an attempted delivery and subsequent failure to collect by the customer, we shall not be liable to submit a refund to the customer in this circumstance. Individual circumstances may vary. We advise contacting us as soon as possible to rebook the postage at an additional cost / receive a refund minus any postage costs. This process may incur an admin fee. Tracking information is provided to ensure that all customers can see if an attempted delivery has been made and can take action to arrange for redelivery or collection of their package in person.
Postage & Packaging
Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the:
(a) Delivery of the products; and
(b) Receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent, you will store the products separately from other goods, will ensure that the products are clearly identifiable as belonging to us, and you will ensure that they are properly stored in a safe, dry and clean environment.
We will be entitled to recover payment for the products where ownership has not passed to you.
Returns, Refunds and Replacements
See Returns Policy
You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if:
(a) You fail to pay, on time and in full, any amount due to us under any contract, or commit any material breach of your obligations to us under any contract;
(b) Any unforeseen circumstances prevent us from proceeding with the contract, such as an 'act of god', illness, emergency or other force majeure;
(c) You become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(d) A person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(e) The ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(f) Any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).
Consequences of Cancellation
Upon the cancellation of a contract in accordance with Contract Cancellation.
(a) We will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) All the other provisions of these terms of sale will cease to have effect, except that Sections [7 to 12 and 14] will survive termination and have effect indefinitely.
Images of products on our website are for illustrative purposes; actual products may differ slightly from such images including, but not limited to; the shade of colour, finish, natural appearance or size of product, however we will ensure the weight, quantity and base colour are that of which you have expressly purchased. Although we will do everything we can to accurately describe our products to you including colours, shapes and sizes, some allowance for slight variations should be allowed due to computer screen output, lighting levels in illustrations and photographs and other such causes that are out of our control. You do have the right to return any items that you feel are not as described and we will see to correct that at our earliest convenience.
You may request a sample of any product before committing to a site purchase. A fee may be required for this to cover manufacturing cost and postage only.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
Each contract under these terms of sale 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 such contracts is not subject to the consent of any person who is not a party to the relevant contract.
All material, text and imaging at MessySupplies.com is copyrighted . Any material which is stolen, broadcast, published, reproduced, used, re-used, loaned, uploaded, transmitted, copied or shared in any respect is strictly prohibited and will be liable to prosecution or legal action.
Products on MessySupplies.com are
subject to stain and cause irritations if not used correctly. If in doubt,
always contact us and adhere to health and safety guidelines before using any
of our products. MessySupplies provides MSDs for certain products and will
offer full guidance on request of any adverse effects. We will do our utmost to
ensure that all our products are regularly tested in accordance with all UK
MessySupplies holds no responsibility or liability for any staining or damage to skin, clothing or hair, damage to property, injury or any losses as a result of negligence, misuse or misunderstanding of our products. Customers must use MessySupplies products at their own risk.
Always use products responsibly, safely and ensure that you abide to local regulations and if in doubt consult the necessary authorities in your area for advice or guidance.
MessySupplies, its parent company or any of its employees, staff, management or associates cannot be held responsible for any loss or damage including injury, loss, deficit, financial loss, and damage to property or any legal implications as a result of misuse of any product on this store.
You must understand that these products are intended for display or theatrical use and you use such products at your own risk. You must understand that we cannot be held responsible for any damage or loss caused by using or viewing this website, including but not limited to the following:
1. MessySupplies content, including the information, names, images, pictures, logos and icons regarding or relating to messysupplies.com or any of its staff or employees and MessySupplies, is provided without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of non-infringement, security and accuracy.
2. While every effort is made to provide accurate and timely information, there may be technical or factual inaccuracies and typographical errors, for which we apologize and we accept no liability for any inaccuracies or omissions on our website to the extent permitted by law. We reserve the right to make changes and corrections at any time, without notice.
3. Messysupplies.com does not warrant that functions contained in the website content will be uninterrupted or error free, or that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.
4. We may from time to time publish links to external independent websites. Messysupplies.com cannot however be held responsible for the content of those web sites. Providing links to other websites does not indicate that Messysupplies.com agrees with any claims, statements or opinions published by those sites.
5. In no event will Messysupplies.com be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the MessySupplies website or any of its products or items.
Limitations of Liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this:
(a) our liability in connection with
any product purchased through our website is strictly limited to the purchase
price of the relevant product and the replacement cost of the relevant product;
(b) we will not under any circumstances be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or representational damage; and
(c) we will not be liable for any losses arising out of a force majeure event.
The document was last updated on December 29, 2015