Terms & Conditions
We accept all major credit cards
All orders are subject to our full terms and
conditions of sale which are available on request.
Placing an order
All prices will be charged at the published
price list current at the date of order, and include VAT where applicable. No
charge is made to a consumer for credit card payments. We accept MasterCard,
Visa and Switch cards, personal checks and bank or building society cheques
(all cheques made payable to "Mystery Mountain"). Goods ordered by post,
telephone or fax will be priced at the current price on the day they are
Neither party shall be liable for any default
due to any act of God, war, strike, lock-out, industrial action, fire or other
event beyond the reasonable control of either party.
All disputes arising out of this contract shall be subject
to the jurisdiction of the Courts of England and Wales.
In the case of goods purchased by credit card, those
goods can only be shipped to the credit card holders address (in order to
protect you, we carry out extensive checks to ensure that your card is not
being used fraudulently) and must be signed for on delivery.
Price & Special Offers
All goods are offered subject to
availability. Prices are correct at time of publication. Errors and omissions
Photographs of Products
Photographs are for illustrative
purpose only, and in rare cases, may not exactly match the product itself.
STANDARD CONDITIONS OF SALE
- "Buyer" means the person who buys or agrees to buy the Products
from the Seller.
- "Conditions" means the terms and conditions of sale set out in
this document and any special terms and conditions agreed in writing by the
- "Delivery date" means the date specified by the Seller when the
Products are to be delivered.
- "Products" means those goods specified.
- "Price" means the price for the Products including carriage,
packing and VAT.
- "Seller" means Mystery Mountain.
- "Consumer" shall bear the meaning ascribed in section 12 Unfair
Contract Terms Act 1977.
- CONDITIONS APPLICABLE
- The Seller shall sell and the Buyer shall purchase the products
in accordance with any written quotation of the Seller which is accepted by the
Buyer, or any written or verbal order of the Buyer which is accepted by the
Seller including but not limited to orders placed using the Seller's electronic
on-line ordering service, subject in any case to these conditions, which shall
govern the contract to the exclusion of any other terms and conditions subject
to which any such quotation is accepted or purported to be accepted, or any
such order is made or is purported to be made, by the Buyer.
- Any variation of these conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the Seller, acting by its Managing Director or some other person
authorised in writing by him.
- Any typographical or clerical or other error or omission in any
sales literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the Seller shall be subject to correction
without any liability on the part of the Seller.
- If any provision of these conditions is adjudged invalid or
unenforceable in whole or in part the validity of the other provisions of these
conditions and the remainder of those provisions in question shall not be
- THE PRICE AND PAYMENT
- Save as provided otherwise herein the price shall be that as
stipulated in the Seller's published price list current at the date of order of
the Products. Any event of any increase in the cost to the Seller of raw
materials, labour, overheads, or any increase in taxes or duties, or any
variation in exchange rate the Seller may increase the price payable under the
contract upon written notice.
- Payment of the price shall be due at the date of the order. Time
for payment shall be of the essence. If the Buyer does not pay the Price on
notification of shipment the Seller may bring an action for the price even
though property in the Products has not been passed to the Buyer. The Buyer
will pay the price in full without discount (except any discount allowed by
these terms) deductions, set off or abatement on any ground.
- Interest on overdue invoices shall accrue from the date when
payment becomes due from day to day until the date of payment at the rate of 2%
above Barclays Bank Plc's base rate from time to time in force and shall accrue
at such a rate after as well as before any judgement.
- THE PRODUCTS
- The quantity and description of the Products shall be set out in
the Seller's quotation.
- The Seller may make any changes in the specification of the
Products which do not materially affect their quality or performance required
to conform with any applicable statutory requirements where the Products are
supplied to the Seller's specification.
- Cancellation of an order by the Buyer which has been accepted by
the Seller will result in forfeiture by the Buyer of his deposit. The Seller
will however waive this right in respect of orders received upon which
manufacture has not yet commenced at the time of notification of the
manufacturer by the Seller of the cancellation. In respect of cancelled orders
which have entered production at the time of notification of the manufacturer
by the Seller of the cancellation, there will be a 15% (of the total order
value) re-stocking charge deducted from the deposit, the balance of which shall
be re-paid to the Buyer.
- WARRANTIES AND LIABILITY
- All goods supplied by the Seller come with a manufacturer's
warranty of at least 12 months.
- The Seller shall provide the Buyer with such information as is
required to claim under the manufacturer's warranties. In the event of a claim,
the Buyer shall in the first instance contact the Seller's customer service
- The Seller does not provide any warranty cover against defects in
his own right.
- If the Buyer is dissatisfied with his purchase for any reason he
may, within seven days of delivery, contact the Seller's customer service
department to arrange for collection of the goods at the Seller's expense. The
Buyer's account shall then be credited with the full purchase price of the
goods. This credit may be used to buy items from the Seller's on-line
catalogue. It may not be exchanged for cash.
- The home trial policy claimed in clause 5.4 is contingent on the
proper use of the Products by the Buyer and does not cover any part of the
products which have been modified without the Sellers prior written consent, or
which has been subjected to unusual physical stress, or where damage has been
caused to the goods after delivery as a result of causes other than ordinary
use including without limitation accident, hazard, misuse or failure or
fluctuation of electrical power, air conditioning, humidity control,
transportation or other causes other than ordinary use.
- Except where the Buyer acts as a Consumer all other warranties,
conditions and terms relating to fitness for purpose, satisfactory quality or
conditions of the products whether implied by statute or common law or
otherwise are excluded to the fullest extent of the law.
- In any event and despite anything contained in these conditions,
in no circumstances shall the Seller be liable in contract, tort (including
negligence or breach of statutory duties) or otherwise howsoever, and whatever
the cause thereof, (i) for any increased costs or expenses (ii) for any loss of
profit, business contracts, revenues or anticipated savings, or (iii) for any
special indirect or consequential damage of any nature whatsoever.
- THE PRICE AND PAYMENT
- Delivery of the products shall be made by the Seller or his agent
notifying the Buyer that the products are available for collection at the
Sellers premises or for delivery to such place as the Buyer may specify at the
time the order is placed.
- The Seller shall use his reasonable endeavours to meet any date
agreed for delivery.
- In any event time of delivery shall not be of the essence.
- The Seller shall not be liable for any delay in delivery
- ACCEPTANCE OF THE PRODUCTS
- Other than where the Buyer acts as a Consumer the Buyer shall be
deemed to have accepted the Products 5 working days of delivery to the Buyer.
- After acceptance the Buyer shall not be entitled to reject
Products which are not in accordance with the contract.
- TITLE AND RISK
- Risk of damage to or loss of the Products shall pass to the Buyer
- Notwithstanding any other provision herein title in the Products
shall not pass to the Buyer until the Seller has received in cash or clear
funds payment in full.
- Until the property in the Products passes to the Buyer the Seller
shall be entitled at any time to require the Buyer to deliver up the Products
to the Seller and, if the Buyer fails to do so immediately, to enter any
premises of the Buyer or any third party where the Products are stored and
repossess the Products.
- The Buyer shall not be entitled to pledge or in any way charge by
way of security for any indebtedness any of the Products which remain the
property of the Seller, but if the Buyer does so all moneys owing to the Seller
shall (without prejudice to any other right or remedy on the Seller)
immediately become due and payable.
- REMEDIES OF BUYER
- Where the Buyer rejects any Products the Buyer shall have no
further rights whatever in respect of the supply to the Buyer of those Products
or the failure by the Seller to supply Products which conform to the contract
- Where the Buyer accepted any Products then the Seller shall have
no liability whatever to the Buyer in respect of those Products.
- INSOLVENCY OF BUYER
- This clause applies if:
- The Buyer makes any voluntary arrangements with its creditors
or becomes subject to an administration order or (being an individual or firm)
becomes bankrupt, or (being a company) goes into liquidation (otherwise than
for the purposes of amalgamation or reconstruction) or
- An encumbrancer takes possession, or a receiver is appointed,
of any of the property or assets of the Buyer, or
- The Buyer ceases, or threatens to cease, to carry on
- The Seller reasonably apprehends that any of the events
mentioned above is about to occur in relation to the Buyer and notifies the
- If the Clause applies, without prejudice to any other right or
remedy available to the Seller, the Seller shall be entitled to cancel the
contract or suspend any further deliveries under the contract without any
liability to the Buyer, and if the Products have been delivered but not paid
for the price shall become immediately due and payable that despite any
previous arrangement or agreement to the contrary.
- Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control and the party shall be entitled to
a reasonable extension of its obligations.
- Any notice required or permitted to be given by either party to
the other under the conditions shall be in writing addressed to the other party
at its registered office or principle place of business or such other address
as may at the relevant time have been notified pursuant to this provision to
the party giving notice.
- Each party agrees to treat as conditional and not to divulge to
any third party without the prior written consent of the other, details of the
other's business operations, proprietary rights and techniques, contemplated
new products and customer lists. This obligation does not relate to information
which is or becomes public knowledge through no fault of either party or has
been properly obtained from a third party lawfully entitled to possess the
- The headings of the Clauses in these conditions are intended for
reference only and will not affect the construction of these conditions.
If the Buyer fails to make any payments in accordance
with the terms and provisions hereof the Seller, in addition to its other
rights and remedies but not in limitation thereof at its opinion may defer
shipments or deliveries hereunder upon receipt of satisfactory security or of
cash before such shipments or deliveries resume.
- CONSEQUENTIAL LOSS
The Seller shall not be liable for any
costs claims damages or expenses arising out of any tortuous act or omission or
any breach of Contract or statutory duty calculated by reference to profits
income or accrual or loss of such profits income production or accruals or by
reference to accrual of such costs claims damages or expenses on a time basis,
to the fullest extent of the law.
No statement, description, warranty condition
or recommendation contained in any catalogue, price list or advertisement or
communication or made verbally by any of the Agents or Employees of the Seller
shall be construed to enlarge, vary or override in any way thereof any of these
- FORCE MAJEURE
The Seller shall be entitled to delay or cancel
delivery or to reduce the amount delivered if it is prevented from or hindered
in or delayed in manufacturing, obtaining or delivering the products by normal
routes or means of delivery through circumstances beyond its control including
but not limited to strikes, lock outs, accidents, war, fire, reduction in or
unavailability of power at the Seller's premises or its manufacturing plant,
breakdown of plant or machinery or shortage or unavailability of raw materials
from a natural source of supply.
- ADDITIONAL COSTS
The Buyer agrees to pay for any loss or
extra cost incurred by the Seller through the Buyers instructions or lack of
instructions or through failure or delay in taking delivery or through any acts
or default on the part of the Buyer, its servants, agents or employees.
- RIGHT OF PARTIAL REJECTION LIMITED
Section 35 (A) of the Sale
of Goods Act 1979 (as amended) shall not apply (there shall be no right to
- TERMS TO BE APPLIED WHERE THE BUYER DOES NOT ACT AS A CONSUMER
Where the Buyer acts other than as a customer, for the purposes of Section
35 (2) of the Sale of Goods Act 1979 (as amended) the reasonable opportunity of
examining the goods delivered under each Contract shall be five days upon
delivery and Section 15 (A) of the Sale of Goods Act 1979 (as amended) shall
- PROPER LAW OF CONTRACT
This Contract shall be governed by the
law of England and Wales and any dispute, question or remedy howsoever arising
shall be determined exclusively by the Country of England and Wales.
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