How these terms apply to the sale and purchase of MUSTO products
) set out the terms on which we supply any product (a "Product") listed on our website musto.com (“Site”) to you.
Each time you purchase Products through this site you will be required to click the "Confirm & Pay" button to complete the order. By clicking the "Confirm & Pay" button and/or by using this site to purchase Products you are accepting these terms and conditions of sale and if relevant any product specific terms. Any terms which you seek to impose in respect of your purchase of Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us before placing any order.
From time to time, product specific terms may apply in addition to or replace these terms in respect of certain products available on the site. For example, additional terms such as territorial restrictions may apply to certain products. These product specific terms will be clearly indicated and featured on the site in the order process for the relevant Product.
As a user of this Site (referred to as "you/your") you acknowledge that any use of this Site is subject to our terms and conditions below. In addition, you will find other useful information within Customer Services
We recommend you review these terms and conditions each time you purchase Products and print a copy of these terms and conditions for your future reference.
The Site is operated by MUSTO Limited (referred to as "MUSTO/we/our/us"). We are registered in England under company registration number 1004420 with our registered office at Unit 4 Juniper West, Fenton Way, Laindon, Essex SS15 6SJ, England. Our VAT number is 911443162.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the terms and conditions on each occasion you use the Site. Your continued use of the Site shall signify your acceptance to be bound by the latest terms and conditions.
1.2 The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation.
1.3 You may not purchase any item from this site for the purpose of resale by you or any other person.
1.4 To order Products through our Site, you will need to register on the Site and subsequent orders of Products will be subject to an approved login name and password ("Password Details"). Information that you provide on this Site must be accurate and complete. All Passwords Details are exclusive to you, are non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or you become aware of any misuse then you must inform us immediately (see Contact Us
for more information and full contact details).
1.5 You may only place an order through our Site if you are at least 18 years old.
2. Ordering process
2.1 Please see the FAQs
and Delivery Information
for information on how to place an order. All orders that you place on the Site will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the Products you have ordered. Please note that this email is not
an order confirmation or order acceptance from MUSTO.
2.3 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (“Despatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation.
2.4 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
2.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to clause 4.3, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
2.6 All sizes and measurements
are approximate but we do try to make sure that they are as accurate as possible.
3.1 Delivery charges and estimated timescales are specified in Delivery Information
and also when you place an order. Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no date is specified, then within thirty days of the date of the Despatch Confirmation, unless there are unforeseen factors beyond our reasonable control.
3.2 We make every effort to deliver the Products within the estimated timescale, however delays are occasionally inevitable due to unforeseen factors. Subject to clause 7, MUSTO shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
3.3 Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
4. Price and Payment
4.1 We accept the following cards: Visa, Visa Debit, MasterCard, Maestro and American Express. We also accept PayPal.
4.2 If you are paying by credit or debit card, we will not take payment from your card until the time that we despatch your order. If you are paying by PayPal we will take payment at time of ordering. Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Products.
4.3 The price you pay is the price displayed on this Site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of the Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the Products to you at an incorrect price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakable.
4.4 For information about secure online ordering see Safe & Secure Online Shopping
4.5 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Delivery Information
for further details including Express delivery charges).
4.6 Prices are liable to change at any time but, subject to clause 4.3, changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
5. Returns, Cancellations and Refunds
5.1 Non-receipt of Product:
if you do not receive Products ordered by you within one month of the date on which they were despatched to you, please contact us at firstname.lastname@example.org
5.2 Incorrect/Faulty/Defective Goods:
we take great care in the despatch and packaging of our items. In the unlikely event of faults with, or damage to, the Products or if you have received an incorrect Product please contact us at email@example.com
. If you notify us that you have received an incorrect or faulty Product, we will ask you to return the Product to us at our expense and once, acting reasonably, we have examined the Product and confirmed it is an incorrect or faulty Product, we will (at your option) replace the Product or provide you with a refund.
5.3 General Right to Return:
in addition to the right to return above, whilst we hope you are delighted with your purchase, if you are contracting as a consumer (ie not purchasing goods on behalf of a business), you can choose to cancel a Contract at any time within 7 (seven) working days, beginning on the date you receive the Despatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
5.4 To cancel a Contract, please contact us in writing to tell us by sending an email to firstname.lastname@example.org
or by sending a letter to MUSTO Limited, Unit 4 Juniper West, Fenton Way, Laindon, Essex SS15 6SJ, England or please contact our Customer Services telephone line to tell us on +44 (0) 1268 495 824 (any time between 9am and 5pm Monday to Friday, excluding public holidays). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
5.5 If we receive confirmation that you wish to cancel the order before despatch of the Product we will refund your payment in accordance with clause 5.7 and will not despatch the Product. If you have received the Product and/or it has been despatched you must return the Product(s) to us promptly at MUSTO Limited, Unit 4 Juniper West, Fenton Way, Laindon, Essex SS15 6SJ, England in the same condition in which you received it, and at your own cost and risk.
5.6 You have a legal obligation to take reasonable care of all Products while they are in your possession and failure to do so will mean that we are not obliged to accept your cancellation and refund your payment. Unless the Products are faulty or not as described (in this case, see clause 5.2), you will be responsible for the cost of returning the Products to us.
5.7 Subject to clause 5.6, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 5.4. If you returned the Products to us because they were faulty or mis-described, please see clause 5.2.
5.8 We refund you on the credit card or debit card used by you to pay.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Site. You further acknowledge that any other use of the material and content of this Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7.1 Subject to Clause 7.3 below, we will use reasonable endeavours to verify the accuracy of any information on the Site but we make no representation or warranty regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site is free of viruses or bugs and MUSTO accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Site.
7.2 This clause sets out our entire financial liability to you in respect of:
a) any breach of contract; and
b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with our Contract.
7.3 Nothing in this agreement shall limit or exclude our liability for:
a) death or personal injury resulting from negligence; or
b) fraud or fraudulent misrepresentation; or
c) any other liability which may not be lawfully excluded.
7.4 Without prejudice to clause 7.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
a) loss of income or revenue;
b) loss of profits or contracts;
c) loss of opportunity
d) loss of goodwill;
e) loss of business;
f) loss of anticipated savings; or
g) indirect or consequential loss of any kind; However arising and whether caused by tort (including negligence), breach of contract or otherwise.
7.5 Subject to clause 7.3 and 7.4 MUSTO's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) you purchased.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
8. Miscellaneous Provisions
8.1 The Contract between us shall be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute between us.
8.2 We have selected our Products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the Products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.
8.3 MUSTO shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other sites for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external sites, the content of those sites or for any use you may make of them.
8.5 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for Products to any third party unless agreed upon beforehand in writing by MUSTO. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
8.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
8.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) to them.
8.8 No delay or failure by MUSTO to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of MUSTO.
8.9 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and MUSTO relating to the use of the Site (including the order of Products) and sets forth the entire agreement and understanding between you and MUSTO for your use of the Site.
8.10 When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all 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.
8.11 All notices given by you to us must be sent to MUSTO Limited, Unit 4 Juniper West, Fenton Way, Laindon, Essex SS15 6SJ, England
. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 8.10 above. Notice will be deemed received and properly served immediately when posted on our Site, twenty four hours after an email 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 email, that such email was sent to the specified email address of the addressee.
The MUSTO website is operated by:
MUSTO Limited, Unit 4 Juniper West, Fenton Way, Laindon, Essex SS15 6SJ, England. Registered in England No. 1004420
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the MUSTO website, please see the Customer Services
section for more information and full contact details.