Mindful champs Online terms and conditions

Our terms

1. These terms
   • What these terms cover. These are the terms and conditions on which we supply goods to you.
   • 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 goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
   • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual; and
• You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft, or profession).
  • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

2. Information about us and how to contact us
   • Who we are. We are Mindful Champs Limited a company registered in England and Wales. Our company registration number is 10406116 and our registered office is at 4c The Rushes, Swan Street, Loughborough, England, LE11 5BE. We are not registered for VAT.
   • How to contact us. You can contact us by writing to us at hello@mindfulchamps.com or at 4c The Rushes, Swan Street, Loughborough, England, LE11 5BE.
   • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. Our contract with you
   • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
   • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
   • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

4. Our goods
   • Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
   • Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.

 

5. Your rights to make changes
   • If you wish to make a change to the goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

6. Our rights to make changes
   • Minor changes to the goods. We may change the goods:
     • to reflect changes in relevant laws and regulatory requirements; and
     • to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.

 

7. Providing the goods
   • Delivery costs. The costs of delivery will be as displayed to you on our website.
   • When we will provide the goods. During the order process we will let you know when we will dispatch the goods to you. We will dispatch the goods to you as as reasonably possible (usually within 24 hours of receiving the order) using Royal Mail.
   • We are not responsible for delays outside our control. If you are a consumer: If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received. If you are a business: Occasionally our delivery to you may be affected by an act or event outside our control. If an event outside our control takes place that affects the performance of our obligations under our contract:
     • we will contact you as soon as reasonably possible to notify you; and
     • our obligations under our contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery date with you after the event outside our control is over. For the purposes of this clause 3 events “outside our control” include (but are not limited to) fire, flood, natural disaster, pandemic, epidemic and restrictions due to disease or infection control.
   • If you are a business: If we fail to deliver the goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the goods. However, as stated above, we will not be liable to the extent that any failure to deliver was caused by an event outside our control. If there is a shortfall or other error in your delivery, you must notify us of that shortfall or error within 3-days of the delivery. Our liability to you will be limited to making-up the shortfall or otherwise correcting the error in delivery.
   • If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to rearrange delivery. If you are a business: We may charge you a re-delivery fee to rearrange delivery.
   • If you do not re-arrange delivery. If after a failed delivery by Royal Mail you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 2 will apply.
   • When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us.
   • When you own goods. You own the goods once they are delivered to the address you gave us.
   • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, contact details and address details. If so, we will ask for this information during the order process. You will not be allowed to complete the order process without providing this information.
   • Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
     • deal with technical problems or make minor technical changes;
     • update the goods to reflect changes in relevant laws and regulatory requirements;
     • make changes to the goods as requested by you or notified by us to you (see clause 6).

 

8. Your rights to end the contract
   • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought and whether there is anything wrong with it when you decide to end the contract and whether you are a consumer or business customer:
     • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
     • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
     • If you are a consumer and have just changed your mind about the goods, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
   • 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 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
     • we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 6);
     • we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
     • there is a risk that supply of the goods may be significantly delayed because of events outside our control;
     • we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30-days; or
     • you have a legal right to end the contract because of something we have done wrong.
   • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
   • When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of any goods which become mixed inseparably with other items after their delivery.
   • How long do consumers have to change their minds? If you are a consumer, and because we only sell goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
9. How to end the contract with us (including if you are a consumer who has changed their mind).
   • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
     • Email us at returns@mindfulchamps.com. Please provide your name, address, order number and details of the order and, where available, your phone number and email address; or
     • If you are a consumer: By post. Print off the model cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
   • Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us at your cost. You must either return the goods in person to where you bought them, post them back to us at 4c The Rushes, Swan Street, Loughborough, England, LE11 5BE or (if they are not suitable for posting) allow us to collect them from you. Please email us at returns@mindfulchamps.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
   • When we will pay the costs of return. We will pay the costs of return:
     • if the goods are faulty or misdescribed; or
     • if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

• What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
• How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
• When we may make deduction from refunds if you are a consumer exercising your right to change your mind. 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. 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; and
  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a goods within [3-5] days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
• When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
  • If the goods have been delivered and we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a product to us, see clause 2; and
  • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

10. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for goods at any time by writing to you if you do not, within a reasonable time, allow us to deliver the goods to you.
    • You must compensate us if you break the contract. If we end the contract in the situation set out in clause 1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

11. If there is a problem with the goods
    • How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can email our customer service team at returns@mindfulchamps.com; or by post to 4c The Rushes, Swan Street, Loughborough, England.

 

12. Your rights in respect of defective goods if you are a consumer
    • If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. For advice on your legal rights please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
    • Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email customer services on email us at returns@mindfulchamps.com for a return label or to arrange collection.

 

13. Your rights in respect of defective goods if you are a business.
    • If you are a business customer we warrant that on delivery any goods shall:
      • conform in all material respects with their description and any relevant specification;
      • be free from material defects in design, material and workmanship;
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      • be fit for any purpose held out by us.
    • Subject to clause 3, if:
      • you give us notice in writing during the warranty period within a reasonable time of discovery that the goods do not comply with the warranty set out in clause 1;
      • we are given a reasonable opportunity of examining such goods; and
      • you return such goods to us at our cost,

we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.

• We will not be liable for a goods’s failure to comply with the warranty in clause 1 if:
  • you make any further use of such goods after giving a notice in accordance with clause 2(a);
  • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
  • the defect arises as a result of us following any drawing, design or specification you supplied;
  • you alter or repair the goods without our written consent; or
  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
• Except as provided in this clause 13, we shall have no liability to you in respect of a good’s failure to comply with the warranty set out in clause 1.
• These terms shall apply to any repaired or replacement goods supplied by us under clause 2.

 

14. Price and payment
    • Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the goods you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the good’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment with all major debit and credit cards. You must pay for the goods at the time of your order.
    • Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

15. Our responsibility for loss or damage suffered by you if you are a consumer
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods; and for defective goods under the Consumer Protection Act 1987.
    • We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

 

16. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
      • defective goods under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

 

17. How we may use your personal information
    • How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

 

18. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer any guarantee we give to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
    • Alternative dispute resolution if you are a consumer. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution
    • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To: MINDFUL CHAMPS LIMITED, by email to returns@mindfulchamps.com; or by post to 4c The Rushes, Swan Street, Loughborough, England, LE11 5BE

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*].

Ordered on [*]/received on [*],

Order number (if available),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate