TERMS & CONDITIONS


1.Scope


The company MUDDA DESIGN sells products covered by the “MUDDA DESIGN” trademark worldwide;

MUDDA DESIGN reserves the right of deciding the nature of a legal transaction between MUDDA DESIGN and what is considered an “end customer” (an individual consumer);

MUDDA DESIGN is a registered trademark, as is all of its intellectual property. Any copies or similarities of your products will be punished by applicable law.

All rights reserved.

MUDDA DESIGN may modify these General Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept the General Terms and Conditions of Sale in force at the time of purchase, a copy of which will be sent to the Customer to the e-mail address provided by the Customer;

These General Terms and Conditions of Sale are published on the Site for the Customer’s knowledge, store and reproduction;


2.Product Orders


Orders are only accepted once placed by recognized and registered companies with an open account with MUDDA DESIGN or by private customers by the email sales@muddadesign.com;

Orders may be placed in English or in any country’s official language (if applicable) via the MUDDA DESIGN Sales Assistant, Monday to Friday, from 8am to 8pm CET, excluding public holidays;

The Customer must provide MUDDA DESIGN a valid e-mail address, company name and address, VAT code (to benefit from professional sales conditions), and other relevant information under these General Terms and Conditions of Sale concerning the order;

The Customer is responsible for selecting the articles of interest to him/herself;

A Pro-Forma invoice must be required in all MUDDADESIGN.com purchases meant to be placed with MUDDA DESIGN sales representatives;

It is mandatory that in the pro forma invoice must be discriminated all the elements related to the order, conditions of sale, all costs associated with the transaction, budgets, all elements of the product (finishing, materials to be used, and all details) and properly signed by the customer and the MUDDA DESIGN representative assistant;

MUDDA DESIGN reserves the right, within the scope of a business transaction, to be only responsible for the items detailed in the Pro-Forma invoice.

An official signature and company stamp is required for all technical drawings/schemes associated to any personalized / custom made product, otherwise it will not be valid and is not the responsibility of MUDDA DESIGN.

MUDDA DESIGN reserves the right of considering the acceptance of an official Pro-Forma invoice as being the document that confirms the Customer’s item selection, including all finishes specified for each item listed;

MUDDA DESIGN reserves the right to consider a Pro-Forma invoice valid for 6 weeks from the day that it is initially sent. In the case of Pro-Forma invoices with shipping quotes, these are considered valid for 2 weeks only. Therefore, the Customer is advised to require separate Pro-Forma invoices, distinguishing product and shipping quotations;

MUDDA DESIGN reserves the right of setting the valid period and price of a custom-made item official quote accordingly;

Although MUDDA DESIGN takes all appropriate measures to ensure the photographs and other relevant information on the site faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due the nature of the product, and materials, as well as the manual production methods required. In consequence, MUDDA DESIGN does not fully guarantee a perfectly clear identity of final products in comparison to their graphic representation shown on the website or official marketing material, or identical finishes in two or more pieces manufactured in separate orders - with respect to coloring, and precision detailing of wood carving, ceramics, foundry and other metalwork, for the technical reasons listed above;

When making a purchase, the Customer is entitled to require photographs of his/her ordered pieces, prior to shipment to ensure that pieces are indeed within the expected finish as displayed on the brand website and other official up-to-date marketing material. This request should be added to the order’s Pro-Forma invoice;

Should the Customer need to modify a requested article, its finish or quantity, or correct any errors in the order, specified in the official Pro-Forma invoice, following its corresponding order placement, he/she should follow the instructions suggested by the sales representative.

MUDDA DESIGN reserves the right to charge for any alterations made to the order, 5 working days after the its payment confirmation is received;


3.Pricing


All prices are retail prices, and do not include VAT, or any other taxes, duties and related shipping costs. MUDDA DESIGN reserves the right of applying VAT costs in all relevant cases;

The price of each product is displayed in an official and public pricelist, which must be consulted prior to the order. MUDDA DESIGN make regular pricelist updates. Please note that MUDDA DESIGN apply a separate price policy for purchases made from USA accounts;

All item prices include appropriate product packaging;

MUDDA DESIGN reserves the right to change specifications and prices on products offered on MUDDADESIGN.com;


4.Conditions of Payment


A 50% advance payment deposit is required to settle all standard orders and so that it is possible to advance with the production of the product. The remaining 50% final balance is required once the order is completed. In the case of orders with personalized or custom-made items, an advanced payment with the order’s full value must be made;

The Customer must make each payment via bank transfer as indicated on the order form. The Customer is advised to confirm MUDDA DESIGN’s bank details prior to making any payment, and is also advised to send proof of his/her bank transfer to the designated Sales Assistant;

Because the transfer costs differ depending on the country / bank, they are always supported by the customer;

MUDDA DESIGN reserves the right to defer the dispatchment of the products until the payment in full is received;


5.Lead Times


Delivery times will be agreed between MUDDA DESING and the customer together with Pro-forma invoice confirmation. The agreed delivery times will be triggered on the date the advance payment is received;

Lead times for large orders must be agreed upon and accepted in writing;

Lead time for orders with custom, new product prototypes and bespoke, that includes any modification on our products – colors, measures, finishes and 100% custom projects demand a case by case review, with a minimum of 16 weeks lead time, that can be increased, depending on the specifications of the pieces. Lead time for these orders, will start upon reception of the full amount of the order and of the signed technical drawing, which will be sent after payment;

MUDDA DESIGN reserve the right of applying a storage fee, for all orders that remain in the shipping warehouse for more than 2 weeks since the notification that the final balance is due;

The order will be shipped once the production is complete and you have made the full payment. The delivery time depends on the shipping options you choose and on your location;


6.Warranty


MUDDA DESIGN shall be liable for material defects in accordance with the applicable legal provision;

All orders with pieces subjected to MUDDA DESIGN product warranty, all claims, and all other complaints, the Customer should contact the Sales Assistant responsible for the order. who will provide him with information regarding after-sales Customer Service;

MUDDA DESIGN´s applicable legal provision:

The Customer is not entitled to any claims for defects if he/she has altered a product or has had it changed by a third party, unless the Customer proves that the material defect already existed at the time of delivery;

Claims for defects as a result of the shipping process handled by the Customer, are not covered under MUDDA DESIGN’s warranty. In these cases, MUDDA DESIGN is committed to finding a suitable solution with the Customer. Claims for defects as a result of the shipping process handled by MUDDA DESIGN are covered in MUDDA DESIGN’s warranty;

In the case of EXW shipping, please note that MUDDA DESIGN is not liable for damage sustained in transit cargo. In the case of DAP/DDU/DAT shipping, please note that before signing the merchandise delivery document, the Customer is required to confirm if the package has any perceptible damages. If damages are perceptible on the package, the Customer should mention “subject to verification” in order to safeguard any eventual damages to the merchandise and file a claim under the insurance policy;

The Customer may claim warranty on defects that result from mishandling in the shipping process, up to 2 working days after receiving an order. As a result, the Customer is advised to check and photograph all pieces ordered, upon their arrival;

MUDDA DESIGN are reserved the right to handle the claim as seen fit, and commit to offering the Customer a solution proposal within 2 working days of the claim registration;

MUDDA DESIGN ensure the repairing or replacement of the components detailed in the claim submission form. All other damages not included in the claim submission will not be covered under MUDDA DESIGN warranty, and may be subjected to an upcharge;

MUDDA DESIGN are reserved the right to refuse any item repairing, pick-up or delivery, from any location other than the original shipping address;


7.Returns and Refunds


The submission of a withdrawal request must be made by the Customer up to 2 working days of the date of delivery to the Customer or a third party;

To exercise the right of withdrawal, the Customer must contact Customer Service and follow the procedure specified by MUDDA DESIGN sales representatives;

MUDDA DESIGN reserve the right of deciding what situations justifies the right of withdrawal of the Customer;

MUDDA DESIGN are reserved the right to refuse the return or refund of any custom-made or personalized item;

MUDDA DESIGN are reserved the right to complete a refund or make an item replacement, only once the original item has been delivered to its designated warehouse and verified for damage. All products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.) and must be accompanied by the purchase invoice;

Damaged goods being returned must be in the condition in which they were received by the Customer. The Customer must not attempt to modify, handle or repair them;


8.Liability


MUDDA DESIGN shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the goods;

MUDDA DESIGN reserves the right to be only responsible for all parameters set forth in the Terms and Conditions:


9.Shipping


Attention, all elements related to the shipment of MUDDA DESIGN products are handled by the customer;

If the customer requests MUDDA DESIGN for responsibility for shipping the products, all elements, shipping costs and aggregate costs will be analyzed on a case by case;

If the customer requests MUDDA DESIGN to be responsible for shipping the products, it must be agreed on the Pro Forma invoice, and properly attributed the added costs to that service.

Shipping cost will depend on the time, country and rates in force;

Urgent shipments, must be requested to MUDDA DESIGN along with Pro Forma invoice and getting an additional cost;


10.DESIGN & PRODUCTION


They are both located in Oporto, one of the best European destinations, a historical city in the North of Portugal. MUDDA DESIGN’s pieces are handmade in Lordelo, Parades, Portugal.





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