Terms and conditions

TERMS AND CONDITIONS


Our Terms of Use and Sale Policy


mumbl Terms of Use


mumbl Limited a company registered in England and Wales our company registration number is 13408582 and our registered offices is at Unit 73046 Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, United Kingdom, BH16 6FA

Throughout this Terms of Use document we will be referring to mumbl Limited when we use the words ‘we’, ‘us’, ‘our’ or ‘mumbl’.


What these terms cover.

These are the terms and conditions on which we supply products to you, whether these are goods or digital content.


Why you should read them.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.


Access to our Website

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service and that you agree to comply with them, as may be updated by us from time to time. If you do not agree to these Terms of Service, you must not use this Website. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. We recommend that you save a copy of these terms for future reference.


Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.


This Website also contains links to other websites, which are not operated by mumbl (the “Linked Sites”). mumbl has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


Privacy Notice

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy, which sets out how we will use your information and how we look after your personal data, can be viewed via the following url –https://mumbl.co.uk/privacy-policy/


Prohibitions

We do not guarantee that our Website will be secure or free from bugs or viruses.


You are responsible for configuring your information technology, computer programmes and platform to access this Website. You should use your own virus protection software.


You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.


You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to our site.


You must not attack this Website 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 this Website 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 this Website or to your downloading of any material posted on it, or on any website linked to it except where such loss or damage is caused by our negligence.


The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.


Intellectual Property, Software and Content

 

The intellectual property rights in all software and content made available to you on or through this Website remains the property of mumbl or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by mumbl and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.


You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that any reduction of such software to human readable form, whether by reverse engineering, decompilation or disassembly, is necessary for the purposes of integrating the operation of the software with the operation of other software or systems used by the customer) or create derivative works based on any software or accompanying documentation supplied by mumbl or its licensors.


Submission of material

 

You own all of the content and information you post on the Website. 


In addition: For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with mumbl (“IP License”). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances mumbl may also share your contribution with trusted third parties.


This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that mumbl is not obliged to publish any material submitted by you on any mumbl publication.


When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).


When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.


When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users , to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).


We always appreciate your feedback or other suggestions about mumbl, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).


The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. 


We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not mumbl. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. 


We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.

 

Voucher codes and coupons

mumbl will occasionally offer codes available for redemption to reduce the price of a full price item. These codes may have special conditions and crtieria that apply in order for them to be valid. The codes cannot be exchanged for cash value, and has no value to them. Codes may have expiry dates on them, if advertised.


mumbl reserves the right to invalidate, reject codes where it is deemed either to be issued by error, or found to be used or abused in a way that it was not designed to be used. We reserve the right to invalidate the discounts/offer applied by the code post check out. We will contact you if such situation occurs.

 

Offers

We reserve the right to withdraw an Offer at any time, including before an expiry date, if advertised.


Offers are subject to availability and apply to selected full-price products only. Discounts are calculated automatically at the basket and do not apply to delivery charges. Any refunds will take into account the discount applied originally at checkout.


Terms of Sale

 

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.


Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.


In order to contract with mumbl you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. mumbl retains the right to refuse any request made by you, and mumbl reserves the right to close your mumbl account at its sole discretion.

If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. 


This will usually be mumbl or may in some cases be a third party.


Where a contract is made with a third party mumbl is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.


When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.


The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.


Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved us and we have debited your credit or debit card.

Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. I f we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the ‘Total Cost’.


The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
 
Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
 
Refunds
Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most products bought online you have a legal right to change your mind within 14 days and receive a full refund for the products (subject to the paragraph below Deductions from refunds if you are exercising your right to change your mind).

It is free to return any items to mumbl, if you use a pre-approved method as set out in our Delivery and Returns Policy. We will also refund the original cost of delivering the item to you if you return the whole order to us. You have further legal rights to end the contract which are set out in more detail below.


When you don’t have the right to change your mind.


You do not have a right to change your mind in respect of products which are personalised or which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.


Your Rights to End the Contract.


Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:


(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see paragraph ‘Summary of your Legal Rights’ below; or
(b) if you want to end the contract because of something we have done or have told you we are going to do, see paragraph ‘Ending the contract because of something we have done or are going to do’ below.


Ending the contract because of something we have done or are going to do.


If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. 

The reasons are:


(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see b. Pricing and Availability under Terms of Sale above);


(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see b. Pricing and Availability under Terms of Sale above);


(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;


(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or


(e) you have a legal right to end the contract because of something we have done wrong.


How to end the contract with us

Tell us if you want to end the contract. To end the contract with us, please let us know by doing one of the following:


Email. Email us at hello@mumbl.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.


By post.
Write to us at mumbl limited, Unit 73046 Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, United Kingdom, BH16 6FA, including details of what you bought, when you ordered or received it and your name and address.

Your obligation to return rejected products.


If you wish to exercise your legal rights to reject products or you wish to return the products within the 14-day period, you must post the products back to us. When returning products to us you will need to use the relevant return label that we will provide over email.


If you do not use one of the pre-paid services offered to you, then you will be responsible for the cost to return the products. If you are returning your whole order to us, then we will also refund the original cost of delivering your items to you.


Deductions from refunds if you are exercising your right to change your mind.


We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. You are permitted to remove goods from their original packaging for inspection purposes but the goods must be returned to us in their original packaging in order to obtain a full refund. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.


How we will refund you.
We will refund you the price you paid for the products, including any original delivery costs if you are returning your whole order, by the method you used for payment. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see section ‘Your obligation to return rejected products’.


Summary of your legal rights.

We are under a legal duty to supply products that are in conformity with the contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.


The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:


(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Disclaimer of Liability


The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. 


Unless expressly stated to the contrary to the fullest extent permitted by law mumbl and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 


This does not affect mumbl’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.



Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any questions, complaints or comments. You can contact our customer service team by emailing: hello@mumbl.co.uk or writing to: mumbl, Unit 73046 Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, United Kingdom, BH16 6FA. If your dispute remains unresolved, you may be eligible to use the European Commission’s Online Dispute Resolution platform.Linking to this Website


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.


This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


Disclaimer as to ownership of trade marks, images of personalities and third party copyright


Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with mumbl and you should not rely on the existence of such a connection or affiliation. 


Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to mumbl.


Indemnity
You agree to indemnify, defend and hold harmless mumbl, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.


Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.


Variation
mumbl shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.


Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.


Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and mumbl. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of mumbl.