Terms & Conditons
Terms and Conditions of Sale with www.TheMonsterCompany.co.uk / The Monster Company.
IMPORTANT NOTICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING ANY ORDER FOR PRODUCTS FROM THIS WEBSITE WWW.THEMONSTERCOMPANY.CO.UK (THE "SITE").
These terms and conditions of sale ("Terms") will apply when you place orders to purchase any of the products on the Site. Any reference to "you" or "your", means you as the user of the Site, any reference to "we", "us" or "our" is to The Monster Company. These Terms form the contract between you and us regarding your order.
If and when placing an order for products on the Site you are able to agree unconditionally to these Terms, we would ask you to tick the box confirming your acceptance of these Terms. If you are unable to agree to these Terms then you must not place any orders for products and we would ask that, when attempting to place an order for products, you do not tick the box indicating your acceptance of these Terms. If whilst attempting to place an order you do not tick the Terms acceptance box, you will be unable to place any order and you will be returned to our Home Page.
You must be 18 years of age or over to register or purchase any products from this Site.
General Information
Sales from this Site are made by The Monster Company. Our office is at 31 Cyril Road, West Bridgford Nottingham, NG2 5JW, United Kingdom.
If you experience any problems with your order or in using this site, Site, please Contact Us.
- Email: info@TheMonsterCompany.co.uk
- Telephone: +44 (0)115 846 9790 (calls are free to this number from a landline and most mobile phones but may not be from you to us unless otherwise stated by your communications provider and tariff agreement).
- Mail: The Monster Company, 31 Cyril Road, West Bridgford, Nottingham, NG2 5JW, United Kingdom.
If you have placed an order on the Site, you will receive an email from us when your order has been shipped. This email includes your order tracking number, and order number which should be both your first points for tracking queries. Please contact us regarding delivery only if your order has not been delivered within the estimated time.
If there are any terms in these Terms and Conditions of Sale that you do not understand we recommend that you Contact The Monster Company before proceeding.
1.1. Our Contract
We have set out below a summary of the steps that you need to follow to place an order on the Site. A legally binding contract with us for the sale of the products you order will be formed once we dispatch your order to you. Whilst certain key information will be included in the order confirmation email, we advise you to download a copy of these Terms and keep them for your records. The only language available for the conclusion of the contract is in English.
1.2. Placing an Order
1.2.1 Log-in and registration
You will have a choice of shopping with us as a registered or non-registered user. Registering avoids the need to retype your address and or delivery details upon each shopping occasion with us. It gives you the opportunity to register for strictly controlled communications from us too. Please note that our registration process does not store your payment details. There is no obligation to register with us to be able to shop with us. Please see clause 2.4 below for further terms on registration.
1.2.2 Enter address details for billing and delivery
If you are a registered user, the billing and delivery details will appear automatically and can be modified if necessary. If you are not a registered user (i.e. guest), you will be required to retype these details in upon each shopping occasion. Non-registered users are also given the opportunity to choose to receive strictly controlled communications from us.
1.2.3 Review and confirmation
You will be given the opportunity to review and confirm the details of your order, including the delivery address, preferred payment method and product details. No payment details are taken at this stage.
1.2.4 Registration
If you would like us to retain your address / delivery address and contact details to avoid retyping these upon each visit, you may register these by creating an account. You can also choose if you want us to send you newsletters and other communications. You may then log on, access the Site, and place orders as normal. Once logged in you can also change or update your username and password or other details at any point in time. It is important that all information and details you provide are true, accurate and up to date in all respects, at all times.
You are responsible for the use of the Site under your username and password. It is your sole responsibility to maintain the confidentiality of your username and password. You must notify us immediately if you become aware of any unauthorised use of your account or other breach of security. We will not be liable for any use of your account by someone else.
1.3. Receipt of Order
When you place an order on the Site, we will send you an email confirming receipt of your order, together with your order number for reference. We recommend you print and save a copy of this confirmation email, together with a copy of these Terms for your records. Your order represents an offer by you to us to purchase the relevant products from us. Your order is accepted by us when the products ordered by you have been dispatched, unless we have notified you that we do not accept your order, or you have cancelled it prior to dispatch, in accordance with clause 10 (Cancelling or Returning Your Order). If we are unable to fulfil your order for any reason, we will inform you by email and your order will be cancelled and we will either not take payment from you or refund your order. If we have already taken payment, we will fully refund you the cost of the products and any delivery charges by crediting your original method of payment.
Please note, where products are available in limited quantities only, we may restrict the number of products that may be ordered by the same person or the same household. Such restrictions will be specified in the product description on the Site.
1.4. Payment
We use a Shop Pay, this is the Shopify payment gateway which is our payment service provider.
1.5. Processing and Delivery of your Order
We reserve the right, at any time prior to the dispatch of your order, and our communicating our acceptance to you (clause 9 Acceptance Email), to refuse any order or any part of an order. We may need to request further or better information to enable us to evaluate and / or process the order.
Please note that we are unfortunately unable to deliver to mail forwarding companies.
Although we will use all reasonable endeavours to process and deliver your order, we may subsequently be unable to ship the products of your order or may decide on reasonable grounds not to do so, such as if there are safety concerns or fairness between customers where supplies are limited. Where this is the case, we will inform you and either not take payment or, where we have already done so, offer you a full refund via your original method of payment.
Beyond providing you a full refund, we accept no liability for any failure to ship products where this results from our inability to do so or our decision on reasonable grounds not to do so. This does not affect your statutory rights as a consumer.
In order to avoid disappointment, we strongly recommend that you order in good time to allow for processing and delivery of your order. We will do our best to deliver to you your order as quickly as possible, and in any event within 30 days of accepting your order. For further information on delivery services, including applicable charges and restrictions, please review our Delivery Information.
Please note that all delivery time scales advocated are estimates only. The risk in any products you purchase and the responsibility to insure them will pass to you when the products are delivered to you.
If you are located in the United Kingdom and have requested that the products you have ordered on the Site are delivered to an address that is also located in the United Kingdom, then by supplying us with your telephone / mobile phone number / email address you agree that we may provide that information to a third party service provider / courier (Of whom, we determine will be responsible for delivery of your order). The third-party service provider responsible for delivering your order may send you a text message or email indicating a potential time period for delivery.
1.6. Acceptance Email
We will send you a further notification email confirming acceptance of your order once your products have been dispatched. The contract between you and us for the sale of any product will therefore be made and become binding with both you and us when we have dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail).
1.7. Cancelling or Returning your Order
We want you to be extremely happy every time you shop with The Monster Company. Occasionally though, we understand that you may want to cancel your order and return products.
You have the legal right to cancel your order at any time prior to us dispatching your order, and up to 14 days after receiving your order, for any reason. To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (e.g., a letter sent by post, or e-mail). To meet the cancellation deadline, it is sufficient to tell us you want to cancel your order within 14 days of receiving your order.
If you have received your order, you should send back the products you wish to return without undue delay and in any event no later than 14 days from the day on which you informed us of your decision to cancel. You may include in your package the delivery notes with the return’s information completed to speed up processing of your return, however it is not compulsory. You will have to cover the cost of returning the products to us. We shall refund you the price paid for the product plus the costs of the original delivery (except where you only return some products in an order, in which case the original delivery costs will not be refunded) on receipt of the returned product, or within 14 days of receiving from you the proof of returning the product. It is required to insure the parcel to the full order value too. We can help advise the best possible way and most inexpensive way of doing this. Refunds are made using the original payment method. You will not be charged any extra fees for this refund.
We are also pleased to offer you the right to return products beyond 14 days of receiving the product, up to thirty (30) days, subject to the following conditions. For such returns, we will not refund the original delivery costs, and you will be responsible for the return delivery costs. You must pack up the product(s) securely, including the delivery note with the reason for the returns. To ensure the safe return of any products we recommend that you obtain proof of postage from the post office and retain this proof of postage until you receive your refund. It is required to insure the parcel to the full order value too. We can help advise the best possible way and most inexpensive way of doing this. Refunds are made using the original payment method.
We reserve the right to refuse to refund / partial refund or exchange products returned to us that are not in a resalable condition.
You may return to us any product (including products otherwise excluded from the cancellation / return rights above) that are damaged, defective or we have delivered a product to you in error. Once we have confirmed that a product is damaged or defective, or was delivered in error, we will refund you the price paid for the product, plus your original delivery costs (except where you are returning only some products from an order) and the cost of returning the product to us. It is required to insure the parcel to the full value. We can help advise the best possible way and most inexpensive way of doing this. Refunds will be made via the original payment method.
1.8. Customs
When ordering products from us for delivery to any address outside the United Kingdom, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. These and any other additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you must comply with all laws and regulations of the country in which you are receiving the products. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. All our prices include V.A.T. if and where applicable.
1.9. Disclaimer
We try our best to ensure that the product prices stated on our Site are accurate, but errors can occur and sometimes we discover that the price displayed for a product is incorrect. If we discover that we have made a mistake with the price of a product on the Site, we will inform you as soon as possible of our error and we will not be liable to supply you with that product at the incorrectly displayed price. We will notify you of the correct price of the product and will give you the option to purchase the product at the correct price or to cancel your order. If we are unable to contact you to advise you of the pricing error we will cancel your order. In the event that you choose to cancel your order, but we have already taken payment, we will provide you with a full refund to your original method of payment.
Please note that CDs, DVDs, Blu-ray, audio, video games, software media may be subject to technical protection measures to prevent unauthorised copying. Any restrictions on inter-operability of such media will be specified in the relevant product descriptions on the Site.
1.10. Legal and Commercial Warranties
We remind you that the applicable law requires that products conform to any description applied to them on the Site, are of satisfactory quality and fit for the purpose made known to us by you at the time of purchase. Nothing in these Terms should be taken as excluding or restricting these warranties or any other rights which the applicable law (including, for the avoidance, the Australian Consumer Law insofar as it applies to customer's based in Australia and the New Zealand Consumer Guarantees Act 1993, insofar as it applies to customers based in New Zealand) grants explicitly or implicitly to consumers in respect of such products.
Where products are sold with additional guarantees or warranties provided by the manufacturer, we will advise you of this in the product descriptions on the Site.
1.11. Our Liability
We do not limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or concealment.
We accept liability for damage to property where and to the extent the damage arises from our negligence, or of our servants or agents, up to a limit, in relation to any one event or series of events arising from the common cause, of (i) where the event is or relates to the purchase of any product, twenty (20) times the price paid for that product, or (ii) in any other case, two thousand pounds (£2,000) GBP.
If we breach these Terms, we accept liability to you for any losses which are direct and reasonably foreseeable consequence of that breach, up to a limit, in relation to any one event or series of events arising from a common cause of two thousand pounds (£2,000) GBP.
We do not accept liability for any pure economic loss (e.g., lost wages) and any loss which is not a direct and reasonably foreseeable consequence of the relevant breach of these Terms, or which is consequential, howsoever arising and even if we have previously been advised of the possibility of such loss.
1.12. Events beyond our reasonable control
Without prejudice to your statutory rights as a consumer, we will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
1.13. Waiver
If you breach these Terms and we take no action against you, we will not be considered to have given up our rights in respect of your breach. We reserve our rights and remedies in any situation where you breach these Terms.
1.14. Questions, Comments and Complaints
If you have any questions, comments or complaints about how your order has been handled, please Contact Us at The Monster Company.
1.15. Entire Agreement
These Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given to us is not incorrect or fraudulent.
1.16. Severability
If any of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
1.17. Transfer
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to a third party. You agree that we may do so provided that this does not affect any standard of service you receive under these Terms. Furthermore, you agree that in the case of a transfer only, after we notify you of the date on which will transfer our rights and obligations to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
1.18. Privacy and Stored Payment Information
Your privacy is very important to us. Please review our Privacy Policy which explains how we will use your personal information that you disclose to us in the course of your use of the Site and when placing an order.
When purchasing from us, to make your future purchases quick, easy and convenient, you have the option to save your payment card information in your account (Remember me). All payment card information will be kept completely confidential and safe. If you choose to store your payment card information, you authorise The Monster Company to store credentials in compliance with payment processing regulations for use by it or its affiliates when you buy goods or services from The Monster Company or its affiliates at a later time. The Monster Company begins processing a payment when you click ‘Pay now’ at the end of the check-out process on our website.
You can withdraw your consent to store credentials by contacting us at info@TheMonsterCompany.co.uk or by deleting your credentials in your account settings. We may withdraw this option at any time on notice to you.
Any personal data you supply us solely for the purpose of fulfilling your order is controlled by The Monster Company. This data is also subject to our Privacy Policy.
1.19. Governing Law
These Terms, and any other contract made between us in the manner described above shall be subject to and interpreted and enforced in accordance with the laws of England and Wales and in respect of any actions or claims under these Terms you and we agree to submit to the non-exclusive jurisdiction of the English / Welsh courts.
If you have a complaint, please contact us directly at info@TheMonsterCompany.co.uk.
1.20. Terms Of Use / Service
Your use of this Site is subject to our Terms of Use, which you can find here Terms of Service.
2.1 Addendum To The Monster Company Terms & Conditions
2.2
Browsers should assume that everything within the website has copyright unless otherwise stated and may not be used without express permission of The Monster Company.
2.3
All other photo’s, logo's, screen captures, trademarks from individual films which appear throughout the site are property of their respective owners who may or may not be affiliated with The Monster Company.
2.4
Whilst The Monster Company makes every effort to ensure information is up to date and on the website, The Monster Company makes no representations or warranties to its accuracy and assumes no liability or responsibility for any errors or omissions in the content within it.
2.5
All purchases are sold as collectable items and are not deemed or implied to be fit for any other purpose.
2.6
Some pieces will vary from that of the image shown, (i.e. shading / painting variations / photoshop contrasting and brightening).
2.7
Multiple items can be shipped together, and will be if it is deemed efficient, safe and in the customers’ interest.
2.8
Our payment plans operate over a period of agreed time, prior to any such sale and any deposit made. We will require a minimum of a 20% non-refundable deposit which secures the item. Thereafter, regular instalments from a credit or debit card (or any other accepted payment method) be made until the balance is clear. Upon completed payment of the order will the item then be dispatched. Cancellation of a payment plan can be made, but only due to exceptional circumstances and at the discretion of The Monster Company.
2.9
Our certificate of authenticity / letters of provenance are reinforced by a lifetime money back guarantee, with The Monster Company logged description of sale. Should any item's authenticity / provenance ever be brought into question during the lifetime of The Monster Company we would seek to provide adequate assurances to your satisfaction and involve an independent third party qualified to carry out an investigation. If satisfactory evidence is not produced, at our discretion, we would offer the customer a refund to the original purchase price. If the item however is proven to be of genuine origin, the customer is then liable for all charges relating to any such investigation.
2.10
The Monster Company is the sole trading entity of Mr David Bidwell, The Monster Company, 31 Cyril Road, West Bridgford, Nottingham, NG2 5JW.