Terms & Conditions

1 General

In these conditions of sale:

"The company" means Mathmos Ltd. "The Buyer" means the person, firm or company ordering or buying goods from the company.
No contract in respect of the goods between the company and the buyer shall exist until the company has accepted the buyer's order. In placing an order with the company the buyer agrees to be bound by these conditions.
No conditions or terms stipulated in any other communication or document shall vary or annul any of those conditions except insofar as the same are expressly consented to in writing by the company.

2 Dispatch and Payment

Unless otherwise specified the price quoted includes the item cost, packaging and delivery to a UK mainland address. A charge may be made to cover any extra costs for delivery to a different or multiple addresses.

3 Retention of title

The company and the buyer expressly agree that until the company has paid in full for the goods comprised on this or any other sales contract between them and all outstanding amounts due to the company from the buyer or any associated or subsidiary or holding company of the buyer or from any director or shareholder of the buyer or any other such company
a) The goods shall remain the property of the company - and the buyers, as bailees for them for the company, will store the same for the company in a proper manner without charge and in such a way that goods are clearly identified as being property of the company. Not withstanding that the risk herein shall pass to the buyer as proved herein
b) At any time the company may recover from the buyer the goods remaining in the buyers possession and for the purposes thereof may enter upon any premises of or occupied by the buyer or any third party (with the consent of that third party).

4 Risk

Not withstanding the preceding condition all risk in respect of the goods shall be assumed by the buyer upon delivery of the same to him.

5 Loss or Damage in Transit or Non Delivery

The buyer shall examine the goods immediately that the goods are delivered to him. The company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery 7 days after the due date of delivery.

6 Late Delivery

Whilst the company will use its best endeavours to deliver the goods in accordance with the buyers requirements, the company will not be liable for any consequence of late delivery however caused.

7 Warranty and Defective Products

The company guarantees to the buyer that the goods will be free from defects caused by faulty materials or poor workmanship, for one year from the date of delivery. Under this guarantee the company will issue a replacement product or replacement part to the buyer for any goods found to be defective by reason of faulty materials or by poor workmanship, provided that: -

a) The company is notified of the exact fault within 12 months of receiving the goods in writing by email to internetuk@mathmos.com or fax to 01202 622613.The invoice number and date of orders should be given.
b) The company will then contact the buyer to discuss whether a part or the whole product is faulty and arrange for the part or product to be sent. The company may or may not request that the defective goods are returned to the company at the company's expense before replacing the part or product. On no account should the goods be returned to Mathmos until this discussion has taken place with customer services.
c) The company will request a proof of purchase or the original invoice.
d) Should the company request the product to be returned and examination by the company of such goods shall disclose that such defects exist and have been caused by misuse, neglect, accident, improper storage, installation or handling, or by repair or alteration not effected by the company. The goods will be returned to the buyer in the same condition and a charge for postage will be levied to the buyer.
e) In the case of a consumer transaction this condition shall not affect the statutory rights of the buyer.
f) The company's liability to the buyer in either contract or tort shall not extend either under this condition or any other provision or in any circumstances at all to indirect or consequential loss or damage or loss of profits sustained by the buyer provided always that this condition shall not exclude or restrict for death or personal injury arising from its negligence.
i) It is the responsibility of the buyer to ensure that any items returned are properly insured. The company will not be responsible for any items lost or damaged in transit.
j) If an item is found to be faulty from a multi item delivery , the single item only is to be returned if requested.
k) If the item appears faulty when it arrives initially and the buyer requires a refund rather than a replacement please follow the following procedure:

•  Notify Mathmos by email at internetuk@mathmos.com , by fax on 01202 622613 or by letter to Mathmos Ltd. Unit 4, Holton Road, Holton Heath Trading Park, Poole, Dorset, BH16 6LG within 7 days for receiving the goods.
•  State clearly the fault, the invoice no., date of purchase and buyers details.
•  The company will then contact the buyer to arrange the products return and the refund.
•  When the goods have been received and checked a refund will be issued normally within 30 days.
•  Should the goods be found to be in good condition or the fault caused by the buyer a refund will not be given and a charge will be make for collection of the goods, return of the goods and handling. This will normally be £20.00.

8 Force Majeure

The company reserves the right to cancel, vary or suspend the operation of contract of sales if events occur which are in the nature of force Majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the company shall not be held liable for any breach of contract resulting from such event.

9 Cancellation by the company

The company may withhold or cancel further or any deliveries under the contract of sale and may recover all losses resulting therefrom if the buyer: -

(a) Fails to make payment on the due date under the contract with the company, or
(b) Enters into a composition with its creditors or (being a company) has a receiver appointed or passes a resolution for winding up or if a court shall order it be wound up, or commits an available act of bankruptcy, or
(c) Is in breach of any of the items and conditions contained herein not withstanding that on a former occasion it has waived its rights. The exercise of rights shall be without prejudice to the company's other rights of remedies

10 Cancellation by the buyer

The company allows the buyer a cooling off period during which the order may be cancelled, the goods may be returned and the money refunded;
•  The buyer puts in writing their intention to cancel within 7 days after the day on which the goods are returned. This should be done either by email to internetuk@mathmos.com, by fax to 01202 622613 or by letter to Mathmos Ltd. Unit 4, Holton Road, Holton Heath Trading Park, Poole, Dorset, BH16 6LG
•  The goods and packaging must be returned in original condition to Mathmos Ltd. Unit 4, Holton Road, Holton Heath Trading Park, Poole, Dorset, BH16 6LG. The buyer will pay any carriage charges.
•  Once the goods have been inspected and found to be in original condition a refund will be made normally within 30 days. We will issue a refund of the original purchase price minus a 20% restocking fee.
•  If the product or packaging have been damaged in any way a charge will be made to the customer for the damage.

11 Law

These Conditions of sales shall be construed in accordance with English Law

Web Site Conditions of Use Data Protection

Introduction

This site is owned and operated by Mathmos Ltd. In this notice we explain the terms on which Mathmos Ltd. provide the information on this site. By accessing Mathmos Ltd's Web site you are agreeing to the terms set out below. If you have any questions or comments please contact internetuk@mathmos.com.

Changes to these conditions

Mathmos Ltd. may change the terms and conditions for using this site. The current terms will be displayed on these pages and you should check these each time you revisit the site.

Choice of Law and Jurisdiction

If any dispute arises out the use of this Web site you agree that these terms shall be governed by and interpreted in accordance with English law and be subject to the exclusive jurisdiction of the English courts.

Data

Mathmos Ltd. are committed to the highest standards of quality in the information provided on this site. Despite our best efforts, the information contained within this Web site may become out of date over time. If you think that there are any errors or out of date information please email internetuk@mathmos.com, saying which page is in error. Thank you for your help.

Intellectual Property rights

Data

Mathmos Ltd. own the copyright and all other intellectual property rights associated with the content of this Web site except where otherwise stated. You are welcome to print individual pages or store them in electronic form on a PC for your own personal use. You may not reproduce, modify, or use for financial gain any material on this site without first getting permission from Mathmos Ltd.

Using any information provided on the site

While every care has been taken to ensure the accuracy of information on this site Mathmos Ltd. accept no responsibility for any errors, omissions, or misleading statements on these pages. In line with this Mathmos Ltd. are not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of taking this action.

Disclaimer for links to other sites

Mathmos Ltd's Web site may include links to other World Wide Web sites to help you find other relevant information or purchase our products around the world. Mathmos Ltd. do not endorse or approve the contents of any third party Web sites to which these pages are linked and does not accept any liability for action you may take as a result of relying on information or advice obtained from such sites.

Disclaimer for suppliers/businesses named on the site

Where Mathmos Ltd. provides details of companies, firms or individuals in business directories or other pages on this site the description of the goods or services they provide is based upon information supplied by them. Mathmos Ltd. cannot confirm that they are legally entitled or professionally qualified to carry on a particular trade, business or profession and bear no liability for merely supplying their details. You should check any information obtained from the Web site before you act upon it.

Trademarks

All trademarks that may appear on the site are acknowledged, and are the property of their respective owners. The trademark "Lava lamp" is owned by Mathmos in the UK and Germany but not in any other countries.

Use of Java, Flash and/or ActiveX components

There may be pages on this site that use Java scripts or ActiveX elements to enhance their appearance or functionality. Mathmos Ltd. appreciates that because it is possible to use these add-ins to make changes to the settings on a PC some users may have disabled them in their browser, or their office network may not allow them. If this is true for you then you may find that there are pages that may not display properly, or the interactive elements will not work for you. We hope that this will not spoil your use of this site.

Cookies

A cookie is a small file that can be placed on your computer's hard disc through your web browser. Cookies can be used to compile anonymous statistics or to enabling us to recognise you when you visit the site to tailor the service you receive, perhaps to allow you to view pages that are restricted to users who register, or so that you do not have to re-login when you move from page to page. You do not have to allow cookies to be placed on your machine. You can set your browser to notify you before receiving a cookie so that you can decide whether to accept it or you can refuse all cookies although this can adversely affect the operation of some Web sites. Refusing to accept a cookie will not stop you visiting Mathmos Ltd's Web site.

Privacy

You can access our Web site and browse our site without disclosing your personal data. There may be pages on the site that invite visitors to send information via forms or e-mail to enable you to ask for publications or information and advice, or to tell us what you think about particular issues. Mathmos Ltd. take great care of any personal information you give us in this way and in the following paragraphs we set out how any personal information you give us is treated. If you choose to give us information about yourself you will be consenting to the collection, processing and storage of the information you provide.

Mathmos Ltd. ensure that only staff that have a business reason to look at your information or data can do so, they cannot look at your information or data for personal reasons or out of curiosity. Mathmos Ltd. may employ other companies and individuals to do work which may mean they have access to some personal information or data but they have the same restrictions as our own staff and are never allowed to use it for any other purpose. Mathmos Ltd. will never sell personal information or data or share personal information or data with third parties unrelated to the services we provide unless we are required to do so by law or unless you have told us you consent to our doing this.

Information you provide will be stored by Mathmos Ltd. and used to process the request; it will be retained for a reasonable period. Where a business transaction is then enacted commercial records may be retained for up to seven years.

Mathmos Ltd. have no way of knowing if any person providing information through this site is who they say they are. Mathmos Ltd. will assume all information is genuine and cannot be held responsible for any action taken as a result on relying it. If you have any reason to think someone has provided information to Mathmos Ltd. using your identity please let us know and we will correct or delete the information. You have the right to request us to remove personal data from our Web site at any time. To do so, please contact Mathmos Ltd. directly.

Should you have any concern regarding collection, processing, storage or disclosure of information submitted via this Web site please contact Mathmos Ltd. You have the right to ask for a copy of the personal information or data Mathmos Ltd. hold about you. You will be asked to confirm your identity. If the information we hold about you is wrong you have the right to ask us to correct it.