Terms & conditions
Overview
This website is operated by Mucky Nutz Ltd. Throughout this website, the terms “we”, “us” and “our” refer to Mucky Nutz Ltd.
These Terms & Conditions govern your use of our website and the purchase of products or services from us.
By accessing our website, using our services or placing an order, you agree to be bound by these Terms & Conditions, together with any policies referred to within them or made available by hyperlink.
If you do not agree to these Terms & Conditions, you should not use this website or our services.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services.
Nothing in these Terms affects any statutory rights you may have as a consumer.
Section 1 - Online Store Terms
By using this website, you confirm that you are legally able to enter into a contract in your place of residence, or that you have permission from a parent or legal guardian where required.
You must not use this website, our products or our services for any illegal or unauthorised purpose.
You must not introduce viruses, malware, malicious code or any other material intended to damage, disrupt or interfere with the website or its operation.
We may suspend or terminate access to the website where we reasonably believe these Terms have been breached.
Section 2 - General Conditions
We reserve the right to refuse service or decline an order where we have a legitimate reason to do so, subject to applicable law.
You may not reproduce, duplicate, copy, sell, resell or exploit any part of this website or our services without our prior written permission.
Headings are provided for convenience only and do not affect the interpretation of these Terms.
Section 3 - Website Information
We take reasonable care to ensure that information on this website is accurate and up to date.
However, information may occasionally contain errors, omissions or outdated content.
Information provided on this website is for general guidance and should not be relied upon where more specific professional or technical advice is required.
We may update, amend or remove website content at any time.
Section 4 - Prices and Changes to Our Services
Product prices may change without notice.
Any price change will not affect an order that has already been accepted by us.
We may modify, suspend or discontinue any part of the website or our services at any time.
We will not be liable for changes to, or temporary unavailability of, the website where this is outside our reasonable control.
Section 5 - Products & Custom Orders
5.1 Product Availability
Products and services are subject to availability.
Some products may be available exclusively online or in limited quantities.
We reserve the right to withdraw, discontinue or modify products at any time.
Where a product becomes unavailable after an order has been placed, we will contact you and, where appropriate, offer an alternative or issue a refund.
5.2 Product Representation & Colour Accuracy
We make every reasonable effort to display product colours, finishes, dimensions and images as accurately as possible.
However, the appearance of products may vary slightly due to:
- screen calibration and device settings;
- lighting conditions;
- the materials used;
- manufacturing processes; and
- normal production tolerances.
Minor variations in colour, finish or appearance that are consistent with the product description, materials and manufacturing process will not normally constitute a product fault.
Nothing in this section affects your statutory rights.
5.3 Product Fit and Compatibility
Where applicable, customers are responsible for checking product dimensions, fitting information and compatibility before ordering.
We provide fitting information and product guidance to help customers make an informed choice.
If you are unsure whether a product is suitable for your bicycle or intended use, please contact us before ordering.
5.4 Custom & Bespoke Products
Some products and services offered by Mucky Nutz Ltd are custom-made or bespoke, including, but not limited to, custom-branded, personalised and made-to-order items.
Custom products are manufactured using specifications, artwork, colours or approvals supplied or agreed by the customer.
Once production has commenced, custom or bespoke products cannot normally be cancelled, returned or refunded unless they are faulty, incorrectly supplied or otherwise not provided in accordance with the agreed specification.
Nothing in this section affects your statutory rights.
5.5 Colour Matching for Custom Products
Where colour matching is requested or agreed:
- colours will be matched as closely as reasonably achievable using the materials and production methods available;
- exact colour matches cannot be guaranteed across different materials, finishes, production methods or batches; and
- reasonable colour variation will not normally constitute a defect.
Customers are responsible for checking and approving proofs, artwork, samples or specifications where these are supplied before production.
5.6 Product Expectations
We do not guarantee that a product or service will meet individual expectations beyond the features, specifications, descriptions or approvals expressly stated or agreed.
Nothing in this section limits your rights where goods are faulty, not as described or otherwise supplied incorrectly.
Section 6 - Orders, Payment and Contract Formation
When you place an order, you are making an offer to purchase the products or services included in that order.
After placing an order, you will normally receive an order confirmation by email. This confirms that we have received your order but does not necessarily mean that your order has been accepted.
A contract between you and Mucky Nutz Ltd is formed when we accept your order and dispatch the goods.
We reserve the right to refuse or cancel an order before dispatch where there is a legitimate reason to do so, including where:
- a product is unavailable;
- there is an error in the price or product information;
- we are unable to authorise or receive payment;
- we suspect fraud, misuse or unauthorised activity;
- we cannot deliver to the address provided; or
- an order appears to have been placed for unauthorised resale.
If we cancel an order after payment has been taken, we will refund the amount paid.
You are responsible for providing accurate, complete and current billing, delivery and contact information.
Prices, delivery charges and any taxes collected by us will be shown at checkout before you complete your purchase.
Section 7 - Shipping, Delivery, Duties and Taxes
Delivery options, estimated timescales and shipping charges are set out in our Shipping Policy and are shown at checkout where applicable.
Delivery times are estimates and may be affected by circumstances outside our reasonable control, including customs processing, carrier delays, adverse weather, industrial action and other disruption.
7.1 UK Orders
UK orders are shipped using the delivery service selected or shown at checkout.
7.2 EU Orders
For eligible EU orders valued at €150 or less, VAT is collected at checkout using the Import One-Stop Shop (IOSS) scheme.
Where stated in our Shipping Policy, applicable low-value EU customs charges may also be included within the shipping charge.
Eligible IOSS orders should therefore normally arrive without additional VAT or customs charges to pay on delivery.
Orders valued at more than €150 fall outside the IOSS scheme and may be subject to local import duties, taxes and customs clearance fees.
Any such charges are the responsibility of the recipient unless expressly stated otherwise.
7.3 USA Orders
Orders shipped to the United States using Royal Mail International Tracked are sent using a Postal Delivered Duties Paid (PDDP) service.
Applicable US customs duties and Royal Mail customs handling charges are paid by Mucky Nutz Ltd, so customers should not normally be asked to pay additional customs charges on delivery.
US state or local sales and use taxes are separate from customs duties and are subject to the tax rules applicable in the customer’s state.
7.4 Rest of World Orders
Unless otherwise stated at checkout, orders to destinations outside the UK, EU and USA are sent Delivered at Place (DAP).
This means the recipient may be responsible for local import duties, taxes and customs clearance fees.
These charges are not included in the amount paid to Mucky Nutz Ltd unless expressly stated otherwise.
Customers are responsible for ensuring that products ordered can lawfully be imported into their destination country.
Please see our Shipping Policy for further information.
Section 8 - Delivery and Risk
For consumer orders, risk in the goods passes to you when the goods come into your physical possession, or into the possession of a person you have identified to receive them, except where you independently arrange a carrier not offered by us.
Ownership of the goods passes to you once we have received payment in full.
If a parcel is delayed, lost or damaged in transit, please contact us so that we can investigate with the delivery provider.
Section 9 - Cancellations, Returns and Refunds
Nothing in these Terms affects your statutory rights.
We offer a 30-day returns policy for eligible purchases made directly through our website, subject to the conditions set out in our Returns Policy.
In addition to our voluntary returns policy, consumers may have statutory cancellation or withdrawal rights under the laws applicable to them. For example, eligible consumers in the UK and European Union generally have the right to cancel or withdraw from an online purchase within 14 days of receiving their order, subject to certain exceptions.
Where a statutory right to cancel or withdraw applies, you must notify us within the applicable timeframe and return the goods in accordance with the relevant legal requirements.
Unless the goods are faulty, damaged on arrival, incorrect or otherwise not supplied in accordance with your statutory rights, you are responsible for the cost of returning them.
Where permitted by law, we may reduce a refund if goods have been handled beyond what is reasonably necessary to establish their nature, characteristics and functioning.
Custom-made, personalised or bespoke products are non-returnable and non-refundable except where they are faulty, damaged on arrival, not as described or where applicable law requires otherwise.
Please see our Returns Policy for full details of eligibility, return conditions, postage costs and the returns process.
Section 10 - Faulty or Incorrect Goods
Goods supplied to consumers must be as described, of satisfactory quality and fit for purpose where applicable.
If your order is faulty, damaged, incorrect or otherwise does not conform to the contract, please contact us as soon as possible.
Your rights in relation to faulty goods are governed by applicable consumer protection law, including the Consumer Rights Act 2015 where applicable.
Nothing in these Terms limits those rights.
Section 11 - Optional Tools
We may provide access to third-party tools or services that we do not control.
These tools may be provided on an “as is” and “as available” basis.
Your use of any third-party tool is at your own discretion and may also be subject to the terms and policies of the relevant provider.
Section 12 - Third-Party Links
This website may contain links to third-party websites or services that are not owned or controlled by Mucky Nutz Ltd.
We are not responsible for the content, accuracy, security, availability or practices of third-party websites or services.
Any complaints relating to a third-party product or service should be directed to the relevant third party.
Section 13 - User Comments, Reviews and Feedback
Where you submit comments, reviews, feedback, suggestions, photographs or other content, you confirm that you have the right to provide that material.
Your submissions must not:
- infringe the rights of another person;
- contain unlawful, abusive or harmful material;
- contain malicious software or code; or
- mislead others about their origin.
You are responsible for the accuracy and content of your submissions.
Where you submit content for publication, you grant us permission to use, reproduce and display that content for purposes connected with our business and marketing, unless otherwise agreed.
Section 14 - Personal Information
Your submission and use of personal information through this website is governed by our Privacy Policy.
Section 15 - Errors, Inaccuracies and Omissions
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, availability or other information.
We reserve the right to correct errors or inaccuracies and, where necessary, cancel an order before dispatch.
If an order is cancelled after payment has been taken, we will refund the amount paid.
Section 16 - Prohibited Uses
You must not use this website or its content:
- for any unlawful purpose;
- to infringe the rights of another person;
- to harass, abuse, threaten or discriminate against others;
- to submit false or misleading information;
- to collect or misuse personal information;
- to introduce viruses or malicious code;
- to interfere with the security or operation of the website; or
- to attempt unauthorised access to any part of the website or related systems.
We may suspend or terminate access where we reasonably believe these Terms have been breached.
Section 17 - Product Use, Warranty and Liability
17.1 Statutory Rights
Nothing in these Terms limits or excludes any rights you may have under the Consumer Rights Act 2015 or other applicable consumer protection laws.
17.2 Product Use & Normal Interaction
Mucky Nutz Ltd products are designed to be fitted to bicycles and, depending on the product and installation, may come into contact with bicycle frames, forks or related surfaces.
Over time, such contact may result in surface wear to paint, lacquer, coatings or finishes, including rubbing, scuffing or marking.
This may occur as a result of normal riding conditions, vibration, micro-movement, dirt, grit or general use.
Reasonable surface wear arising from normal use does not, by itself, indicate a manufacturing defect.
Customers should follow fitting instructions and periodically check products and contact points for dirt, movement, wear and correct installation.
17.3 Warranty Scope
Surface wear to bicycle paint, coatings or finishes resulting from normal contact with a Mucky Nutz Ltd product does not, by itself, constitute product failure.
Nothing in this section affects your statutory rights where a product is faulty, defective, incorrectly supplied or not as described.
17.4 Frame Protection Materials
Where customers choose to apply frame-protection films, padding or similar materials, whether supplied by Mucky Nutz Ltd or obtained elsewhere, they do so at their own discretion.
Different bicycle finishes, coatings, paints and protection materials may react differently over time.
Mucky Nutz Ltd does not guarantee the suitability, compatibility, effectiveness or removal characteristics of third-party protection materials.
Nothing in this section excludes liability where it would be unlawful to do so.
17.5 Limitation of Liability
To the fullest extent permitted by law, Mucky Nutz Ltd will not be liable for indirect or consequential loss that was not reasonably foreseeable when the contract was formed.
Nothing in these Terms limits or excludes liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any liability that cannot lawfully be limited or excluded.
Section 18 - Responsibility for Misuse
You are responsible for losses we reasonably incur as a direct result of your unlawful use of the website or deliberate breach of these Terms, to the extent permitted by law.
Section 19 - Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as removed or limited to the extent necessary.
The remaining provisions will continue to remain valid and enforceable.
Section 20 - Termination
These Terms remain in effect while you use our website or services.
We may suspend or terminate access to the website where we reasonably believe these Terms have been materially breached or the website is being misused.
Any rights or obligations that arose before termination will remain unaffected.
Section 21 - Entire Agreement
These Terms, together with the policies and information expressly referred to within them, form the agreement between you and Mucky Nutz Ltd in relation to your use of the website and any purchase made through it.
Nothing in this section excludes rights or obligations that cannot lawfully be excluded.
Section 22 - Governing Law
These Terms are governed by the laws of England and Wales.
If you are a consumer resident elsewhere, you may also benefit from mandatory protections provided by the laws of your country or place of residence.
Nothing in these Terms is intended to deprive you of any mandatory rights that apply to you.
Any dispute will be subject to the jurisdiction of the courts applicable under relevant law.
Section 23 - Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, services, legal obligations or website.
The version published on this website will apply from the date it is posted.
Changes will not affect orders that were already accepted before the updated Terms came into effect, unless required by law.
Section 24 - Contact Information
If you have any questions about these Terms & Conditions, please contact us or use the details below:
Mucky Nutz Ltd
Belle Vue Lane
Bude
Cornwall
EX23 8BR
United Kingdom
Telephone: +44 (0) 1288 358564
Company number: 07803074
VAT registration number: GB122577521
