Returns

In the unlikely event that you may wish to return any product our terms are that We will refund the cost of all merchandise received in unopened and undamaged condition, however, we will not refund the cost of shipping unless agreed otherwise. Sorry, no returns are accepted without prior approval and no returns after 7 days of receipt. All returned merchandise must be shipped by the customer and this postage cost is not refundable unless agreed otherwise. Due to health regulations, we are not able to accept any food based merchandise where original packaging is not FULLY intact.

All returns must be authorised by us and we will give you a reference number for your return and an address to which the order will need to be returned to. 

The purchaser is bound to inspect the condition of the packaging of the goods upon delivery. In the event that an order is received and there is a discrepancy as to a missing item, a claim must be submitted within 24 hours of delivery, (1 day) of physical receipt. In the event that a product is received in unusable condition, for reasons other than extremes of temperature, a claim must be submitted within 1 week, (7 days), after physical receipt of merchandise. Please note that we do our best to pack your order in such a way that damage should not occur in transit. In the event that your item has been damaged we will do our best to remedy the situation, however certain items such as Cookies and Potato chips are a high risk item and cannot be changed/refunded to due to damage in transit by an external courier company over which we have no control. 

Hot Weather

We store our chocolate products in temperature controlled units during spells of hot weather in order to keep these products in good condition. However once shipped we are unable to control the temperature that the goods are shipped at and therefore we are unable to take responsibility for items that, once delivered, turn out to have suffered any type of heat damage. If in doubt about a product’s perishability, we strongly encourage you to contact us prior to placing your order. If you would like us to wait until cooler weather before we dispatch, please let us know and we will process your order accordingly.

Cancellation

Cancellations, returns and refunds are covered in our Returns Policy, which you will find listed at the bottom of the website. Mental Munchies reserves the right to cancel any order, or revoke any coupon code, before or after the transaction has completed. In the event of a cancellation on our part, we will provide a full refund for the order. Mental Munchies is a retail only website and provides products directly to the end user. We reserve the right to cancel any order we believe to be made for wholesale purposes (i.e, you are purchasing the products to resell elsewhere).

Price and Payment

The price of any Products will be as quoted on our Websites and Apps and may vary from time to time, except in cases of obvious error. Prices include VAT.

Prices are liable to change at any time, but changes will not affect orders placed that you have already paid for or where you have already checked-out and been presented with the Confirmation Screen in an online order (unless, due to a technical error, you have been overcharged for some reason). Despite our best efforts, some of the Products listed on our Websites and Apps may be incorrectly priced or be out of stock at the time of your order (either due to human or technical error).

Payment for all Products can be by credit or debit card at the point of ordering or by PayPal. We accept payment via Maestro, Visa Delta, Visa and MasterCard. Valid vouchers may be applied to your order before payment. You may not use more than 1 voucher per transaction. We will charge your credit or debit card at the point of order.

Should you choose to pay by credit or debit card via the Websites and Apps, once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to the payment processor (SagePay or PayPal) and is subsequently passed on by the payment processor to Mental Munchies

Our Liability

If Mental Munchies fails to comply with these terms and conditions we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to the amount of the purchase price paid by you for the Products you ordered. However, are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you purchased from the Websites and Apps.

We only supply the Products for domestic, private and business use. You agree not to use any Product for any commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Termination

We reserve the right to decline a new registration, terminate your right to link to the Websites and Apps under these terms and conditions. If we consider there to be a risk of liability or loss to us or Mental Munchies we may take any action deemed necessary to prevent such a liability or loss from occurring. Mental Munchies may also, in certain circumstances, ask you not to return to its Store and/or place any further orders.

If we terminate your right to link to the Websites and Apps you must cease linking to the Websites and Apps immediately. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Written Confirmation

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Websites and Apps, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Websites and Apps. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, 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.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Event“).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

a.) strikes, lock-outs or other industrial action;

b.) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c.) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

d.) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

e.) impossibility of the use of public or private telecommunications networks;

f.) the acts, decrees, legislation, regulations or restrictions of any government; or

g.) non-performance by suppliers or subcontractors.

Waiver

If Mental Munchies fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if Mental Munchies fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by Mental Munchies of any default shall not constitute a waiver of any subsequent default.

No waiver by Mental Munchies of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions

Mental Munchies has the right to revise and amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order Product(s) from Mental Munchies, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

Third Party Rights

No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.

Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

 

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