The Terms and Conditions set out below apply to all use of the Mister Blister Ltd. (Mister Blister Ltd.) website http://www.mr-blister.com (the “Website”) and to the purchase of Mister Blister products (“Products”) through the Website. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from our Website. By using the Website or purchasing Products through the Website, you:
agree to and accept these Terms and Conditions, and acknowledge that you are bound by them; and
agree that all agreements, notices, disclosures and other communications that Mister Blister provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.
You should print a copy of these Terms and Conditions for future reference. If you do not accept these Terms and Conditions then you will not be able to purchase any Products through the Website.
2. Your Order
Mister Blister only sells Products to persons over 18 years old who can purchase Products using a Sage Pay account. Our Website is intended for use by persons resident in the UK or the Channel Islands. We can accept orders from addresses outside the UK or the Channel Islands. By purchasing a Product using this Website, you confirm to Mister Blister that you are:
at least 18 years of age;
authorized to make the purchase using the credit card / debit card / Sage Pay account information that you provide;
legally capable of entering into a binding contract;
resident in the UK / Channel Islands; and
accessing the Website from that country.
When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Mister Blister Products through your computer.
3. Formation of Contract
Offers to purchase must be submitted on the Website. Mister Blister is entitled to refuse orders placed or to postpone them, at its discretion.
After placing an order for Products, you will receive an order acknowledgement (per email) from Mister Blister confirming receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes a binding offer by you to Mister Blister to buy a Product. All orders are subject to acceptance by Mister Blister and will confirm such acceptance to you by sending an email that confirms that your order has been dispatched by Mister Blister. The binding contract between Mister Blister and you (“Contract”) will only be formed when Mister Blister sends you that dispatch confirmation.
The contract only relates to those Products contained in the order whose dispatch Mister Blister has confirmed by the dispatch confirmation. Mister Blister is not obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate dispatch confirmation.
4. Variation to Specifications
Mister Blister may change its Product specifications at any time. Information appearing online, such as colour and dimensions, is indicative and will be binding only when referenced in the order acknowledgement.
Deviations due to manufacturing process are permissible.
We may send to you the following cookies:
5. Pricing and Payment
All indicated prices are in GBP (Great Britain Pounds), standard packaging included and not binding. Prices are subject to change without notice. You shall pay Mister Blister standard prices in effect on the date of delivery. Changes to prices will not affect orders which have been accepted by Mister Blister.
Prices are inclusive of VAT at the applicable rate.
The Website contains a large number of Products and, despite our best efforts, it is possible that some Products listed may be incorrectly priced. You are requested to enter your card verification code (CVC) number located on the back of your card with each order placed which will be confirmed via the SagePay system. We normally verify prices as part of our dispatch procedures. Where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Website, we may contact you for instructions before dispatching the Product or reject your order and notify you that we are rejecting it. Where the pricing error is obvious and could have been reasonably recognised by you as an error, we do not have to provide the Product(s) to you at the incorrect (lower) price.
Credit card / debit card payment is the only form of payment Mister Blister accepts for Products ordered by you through the Website. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Mister Blister.
On the Website, payment will be handled by Sage Pay. Mister Blister accepts debit cards and major credit cards (currently all VISA and MASTERCARD products all card acceptance might be subject to change). Payment options will also be indicated on the check-out payment page of Sage Pay.
The purchase price for the Products ordered by you is due upon confirmation that your order has been dispatched by Mister Blister (dispatch confirmation). Mister Blister will release the charge of the purchase price of the Product(s) (including the cost of shipping and handling and applicable taxes) to the credit card / debit card account you identified when your order was placed.
You may not make any set off against Mister Blister claim for payment unless the amount set off is not disputed by Mister Blister or has been the subject of a final and binding judgment against Mister Blister.
6. Parties to the Transaction, Customer Service, and Warranty Claims
Our details are:
MISTER BLISTER Ltd, registered in England & Wales (Company No 02192546 ) whose registered office is at Mister Blister Ltd., Priestley Road, Wardley Industrial Estate, Worsley, Manchester M28 2LX England. Our VAT Number is GB 588690375. All complaints or warranty claims may be sent to the following address: Mister Blister Ltd., Priestley Road, Wardley Industrial Estate, Worsley, Manchester M28 2LX England, United Kingdom. Mister Blister customer service department may be contacted using the following contact information: Phone: +44 (0) 161 727 6356
7. Duties and Taxes
You are responsible for all duties, taxes, custom charges, shipping, handling or other governmental charges imposed by any foreign, federal, state or local authority relating to your order (if applicable), and you authorize Mister Blister to charge the applicable charges to your credit card / debit card.
8. Reservations and Exceptions
Mister Blister reserves the right to change prices, terms, specifications and warranties for Products on this Website at any time without prior notice. Mister Blister attempts to post accurate information, but errors may sometimes occur. Any such errors in Product specifications, descriptions, availability and/or pricing will be corrected when discovered and Mister Blister reserves the right to correct any errors, inaccuracies or omissions, including after an order has been accepted. Mister Blister will inform you of an error at which time you may cancel or reaffirm your order (at the correct price) at your option.
9. Product Availability
On http://www.mr-blister.com you may check whether the Product is available. Once Mister Blister confirms receipt of your order, Mister Blister will endeavour to promptly accept and fulfil your order subject to available stock. Should an item not be available, we will get in contact with you to offer you alternative options.
10. Delivery, Shipment and Reservation of Title
The Products ordered by you will be delivered only to the delivery address entered by you, through a delivery service selected by Mister Blister. Please note that it is not possible to deliver the Products to P.O. Boxes.
All goods are dispatched from Mister Blister office at Mister Blister Ltd., Priestley Road, Wardley Industrial Estate, Worsley, Manchester M28 2LX England and send to the delivery address entered by you. Each shipment shall be a separate and independent transaction and may be individually invoiced.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. For Products ordered on the Website and delivered within the mainland United Kingdom or the Channel Islands, you must pay the respective shipping costs for next day delivery (approximately (minimum) GBP 7; the exact amount will be stated in the order acknowledgement). Next day delivery is available for orders received before 2 p.m. (GMT) Mondays to Thursdays.
11. Right to Cancel the Purchase
Mister Blister top priority is to satisfy all its customers.
Unless otherwise agreed in writing by the Seller (Mister Blister Ltd), the goods are supplied by the Seller only under these conditions and no variation or addition thereto (whether contained in any document emanating from the customer or made orally by any person acting or purporting to act on behalf of the seller) shall have effect unless it is in writing and signed by a Director of Mister Blister Ltd. Should any of these conditions conflict with any conditions stated in the customer’s order, these conditions shall prevail. The payment by the customer for products supplied by Mister Blister Ltd shall constitute unqualified acceptance by the customer of these conditions.
With the ordered Product you will receive a printed packing list. Please return the Products with their original packaging, packed securely and shipped back to us, using the adhesive address-label provided and fill out the returns form online (which can be found under “View Your Order History” of the “My Account” section of the Website).
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than:
(a) 30 days after the day we receive back from you any goods supplied, or (b) (if earlier) 30 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 30 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
12. Warranty and Limitation of Liability
Mister Blister warrants for a period of 1 year, beginning on the date of your receipt of the Products, that its Products conform with their description, are of satisfactory quality and free from defects in materials and workmanship, and are reasonably fit for the purpose of which products of that kind are commonly supplied. This warranty is extended only to you, as the purchaser of the Products, and not to any subsequent owner of the Products.
You may return any defective Product to us within one year of the date of your receipt of the Product for replacement (subject to product availability) or a full refund, at Mister Blister option.
Please return defective Product to:
Mister Blister Ltd.,
Wardley Industrial Estate,
Include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the Products and the nature of the defect.
You are responsible for the direct costs of and arrangements for the return of the Product to Mister Blister. Where Mister Blister determines that your warranty claim is justified, Mister Blister will refund to you the direct costs of return (to the maximum of the standard rate for sending through Royal Mail Delivery). You must take reasonable care that the Product is not damaged during the return.
Mister Blister customer service department may be contacted, Monday to Friday, 9:00 a.m. to 5:00 p.m. (GMT) using the following contact information: Phone: +44 (0) 161 727 6356 Contact: http://www.mr-blister.com/contact/
NOTHING IN THIS PROVISION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION OF LIABILITY
If Mister Blister fails to comply with these Terms and Conditions, Mister Blister is only liable to you for the purchase price of the Product(s) and for any losses that you suffer as a direct result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which were or could reasonably be foreseen as consequence of such failure (‘foreseeable losses’). However, we are not liable for losses that result from our failure to comply with these Terms and Conditions that are a:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
Nothing prevents claims for loss of or damage to your physical property that are foreseeable losses or any other claims for loss which arise as a direct result of any breach (‘direct losses’) and which are not excluded by (a) to (f) above. Nothing in these Terms and Conditions excludes or limits Mister Blister liability for:
(a) death or personal injury caused by Mister Blister negligence or that of its personnel;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
EXCEPT AS STATED IN THESE TERMS AND CONDITIONS MISTER BLISTER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. THE EXPRESS WARRANTIES IN THESE TERMS AND CONDITIONS REPRESENT MISTER BLISTER ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. MISTER BLISTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT(S) WHETHER FORSEEABLE LOSSES OR OTHERWISE.
The exclusion or the limitation of liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Mister Blister, its Affiliates (as defined below) and its / their respective employees or authorized representatives.
NOTHING IN THIS PROVISION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
13. Transfer of Rights and Obligations
Each Contract and these Terms and Conditions are personal to you. You may only transfer (assign) or dispose of your contractual rights under any Contract and these Terms and Conditions to a third party with Mister Blister prior written consent (which Mister Blister may withhold at its discretion).
14. Applicable Law
By using this Website, you agree that the laws of England shall govern any Contract and these Terms and Conditions, and that any disputes will be subject to the non-exclusive jurisdiction of the courts of England.
Mister Blister has the right to make changes to the Website and to these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your purchase.
Mister Blister will process your name, address, date of birth and e-mail address (your “personal data”) fairly and lawfully. The processing will be carried out by electronic and automated means. We will save and use your personal data to (1) handle orders, (2) keep you informed about our market activities, (3) render services for market research and improve our website and our product range, (4) update our records and maintain your accounts with us, and (5) display content such as shopping lists or saved designs and recommend merchandise and services that might be of interest to you.
You agree explicitly that your personal data will be saved and processed by Mister Blister Ltd., to help us personalize and continually improve your shopping experience at http://www.mr-blister.com. By registering with us you are expressly consenting to such use of your personal data. You cannot register without giving this consent. You can, however, use those parts of our website that do not require registration.
You can revoke your consent to the storage and the processing of your data at any time by contacting our customer support: Phone: +44 (0) 161 727 6356 - Contact: http://www.mr-blister.com/contact/ with effect for the future.
17. Disclaimers and Limitations of Liability Relating to Use of the Website
The Website is provided on an “AS IS,” “as available” basis. Neither Mister Blister nor its affiliates, subsidiaries, or designees nor any of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively “Affiliates”) gives any assurance or warranty that use of the Website will be uninterrupted or error-free. Neither Mister Blister nor its Affiliates gives an assurance or warranty as to the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Mister Blister or its Affiliates be liable for any loss or damage of any kind that result from the use of or inability to use the Website, including but not limited to reliance by you or any other user on any information contained in or obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, cyber-attacks or unauthorized access to Mister Blister records, programs or services. The foregoing limitation of liability applies whether arising in contract, tort (including negligence) or otherwise.
18. Proprietary Rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “content”) are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the UK copyright laws and Mister Blister owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
19. Complete Agreement
You may not modify, delete or amend these Terms and Conditions in any manner without Mister Blister express prior written agreement (which Mister Blister may withhold at its discretion). We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
20. Events outside our Control
Mister Blister is not 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 Mister Blister reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Mister Blister reasonable control, including (without limitation):
(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 or severe restriction of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility or sever restriction of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
Mister Blister performance under any Contract shall be suspended for the period that the Force Majeure Event continues, and Mister Blister will have an extension of time for performance for the duration of that period. Mister Blister will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If Mister Blister fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if Mister Blister fails to exercise any of the rights or remedies to which it is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with your obligations. A waiver by Mister Blister of any breach by you does not mean that Mister Blister waives any subsequent breach by you. No waiver by Mister Blister of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provision of a Contract are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
23. Third Party Rights
A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
24. Written Communications and Notices
Applicable laws require that some of the information or communications Mister Blister sends to you should be in writing. When using the Website, you accept that communications with Mister Blister will be mainly electronic. Mister Blister will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Mister Blister provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Mister Blister may give notice to you at either the e-mail or postal address you provide to Mister Blister when placing an order or as stated above. Notice will be deemed received and properly given immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, which the e-mail was sent to the specified e-mail address of the addressee.
The section headings used in these Terms and Conditions are for convenience only and do not affect interpretation of these Terms and Conditions.