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Terms of sale

Please find our terms and conditions of sale for Consumers and Trade below. These terms may have changed since you last reviewed them. We released a new set of terms and conditions on 19 April, 2024.

Consumer
Trade

Terms and Conditions for Trade

This document sets out terms and conditions for purchase of a Mixergy hot water cylinder and/ or components by a qualified installer or trade professional. 

If you are a homeowner, please see the consumer terms and conditions below.

Mixergy is under no obligation to provide a scheme for the purchase of Mixergy cylinders by installers directly from Mixergy and this scheme may be cancelled or amended at any time with no liability to Mixergy. 

  1. DEFINITIONS
    1. In these conditions:

“Delivery Address” shall mean the address for delivery of the Goods provided by the Installer in relation to any Order;

“Delivery Date” shall mean the date on which the Goods are delivered to the Installer in accordance with an Order;  

“Delivery Service Provider” means Mixergy’s warehousing provider and distributor, which at the time these terms were written is Walkerpack Limited whose relevant warehousing location is at 34 Liliput Road, Brackmills Industrial Estate, Northampton, Northamptonshire, NN4 7DT;

“Goods“ shall mean any goods listed on shop.Mixergy;

“Installer” or “You” shall mean an installer purchasing the Goods from Mixergy;

“Intellectual Property Rights” means any right or interest in any copyright, patents, trademarks, service marks, trade secrets, and other works of authorship (including rights in computer software), rights in logos and get up, inventions, moral and artists’ rights, design rights, trade or business names, domain names, know-how, database rights and semi-conductor topography rights and all intangible rights and privileges or intellectual property rights of a similar nature analogous or allied to any of the above in every case whether or not registered or unregistered and all rights or forms of protections of a similar or equivalent form in any relevant jurisdiction together with the right to apply for registration or protection of them patent, design, trademark, copyright, trade secret, moral rights, or other intellectual property rights (whether registered or unregistered). “Mixergy”, “We” or “Us” shall mean Mixergy Limited a company incorporated and registered in England and Wales with company number 09137387 whose registered office is at 30 Upper High Street, Thame, Oxfordshire, OX9 3EZ;

“Order” shall mean any order for Goods issued by the Installer and accepted by Mixergy;

“Terms” shall mean these Terms and Conditions for Mixergy’s Approved Installers;

“Warranty Statement” means the warranty that Mixergy provides to the end customers of our products as set out on our website;

“WEEE” means waste electrical and electronic equipment as defined in the WEEE Regulations;

“WEEE Regulations” means The Waste Electrical and Electronic Regulations 2006 (SI 2006/3289); and

“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

  • The headings to the clauses shall not affect the construction of these conditions;
  • The use of the plural shall include the singular and the use of the singular shall include the plural;
  • Words and phrases such as “including”, “includes”, “for example”, “such as” and “in particular” should be interpreted as illustrative, and are not intended to limit the description or list of words which follows; and
  • References to the masculine, feminine or neuter genders shall include each and every gender.
  1. THE CONTRACT
    1. These Terms shall be incorporated into each and every Order made between Mixergy and an Installer through shop.Mixergy and shall apply to the exclusion of any terms or conditions put forward by or on behalf of the Installer.
    2. No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until made in writing and signed by authorized signatories of both Parties.
  1. THE ORDER PROCESS
    1. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    2. Pricing on shop.Mixergy shall be deemed to be an invitation to treat and not an offer.
    3. All Orders are subject to stock availability. We’ll tell you as soon as possible if we can’t supply one or more of the Goods that you’ve ordered. If you’ve already paid for the unavailable Goods, we’ll give you a refund for their purchase price.
    4. The placing of an Order by the Installer shall be deemed to be an offer, subject to the Terms, to purchase the Goods stated therein from Mixergy. No Order placed by the Installer shall be deemed to be accepted by Mixergy, and no binding contract will come into existence, until Mixergy provides confirmation that the Order has been accepted.
    5. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this is not an Order acceptance.
    6. Our acceptance of your order takes place when our Delivery Service Provider or our Customer Services team contacts you and you agree a delivery date, at which point the Contract between you and us will come into existence.
  1. GOODS
    1. Subject to clauses 4.2 and 4.3 below, the Goods provided shall be as per the description set out on our website.
    2. The true colour of the Goods may not exactly match that shown in our marketing or its packaging may be slightly different.
    3. The sizes, weights, capacities, dimensions and measurements of the Goods indicated on our website can vary by up to 2%.
    4. Mixergy reserves the right to change any descriptions, drawings, specifications, technical data, illustrations, brochures, advertising materials, the website and any other materials provided at any time without notice.
    5. The Installer acknowledges that it is responsible for ascertaining the type, quantity and specification of the Goods required for its customers’ purposes and that Mixergy provides no warranty (and none shall be implied) that the Goods are fit for any particular purpose.
    6. Mixergy’s employees or agents are not authorised to make any representation concerning the Goods. In entering the Contract, the Installer acknowledges and accepts that it does not rely on, and waives any claim for breach of, any such representations that are not so confirmed. 
  1. TIME LIMITS
    1. Any time or date quoted by Mixergy for delivery of all or any of the Goods is an estimate only, and Mixergy shall not be liable for any failure to meet any such estimate nor for any loss, whether financial or otherwise resulting directly or indirectly therefrom.
    2. Time is not and shall not be of the essence in relation to the performance by Mixergy of its obligations under any Order.
  1. DELIVERY
    1. We currently only deliver to Delivery Addresses within the United Kingdom.
    2. Mixergy shall procure delivery of the Goods to the Delivery Address at the cost of the Installer.
    3. The manner of delivery shall be such as Mixergy in its sole discretion shall deem appropriate.
    4. You should anticipate that delivery will take up to five (5) working days from your Order being accepted by Mixergy. If your Delivery Address is located in the Scottish Highlands and/ or UK islands, it may take us longer to deliver. 
    5. Our Delivery Service Provider will contact you to arrange a convenient time for delivery within forty-eight (48) hours of receiving your Order.
    6. If the Delivery Service Provider is unable to effect delivery on arrival at the Delivery Address for any reason whatsoever, an additional charge for any return or subsequent visit will be made. 
  1. LOSS OR DAMAGE IN TRANSIT
    1. You, or your customer, must visually examine the packaged Goods on delivery before signing to confirm receipt in good condition. If the packaged Goods are not in a good condition on delivery, delivery should be refused by the Installer and/ or your customer.
    2. You, or your customer, must visually examine the packaged Goods and delivery note/s on delivery to ensure that all of your Goods are complete. If there are any shortages in the Goods this should be notified without delay to fulfilment@mixergy.co.uk.
    3. Any defects to the Goods which can be reasonably identified during a visual inspection of the unpackaged Goods shall be notified to Mixergy without delay to fulfilment@mixergy.co.uk.
    4. In all cases where defects are notified, Mixergy shall be under no liability to the Installer unless a reasonable opportunity to inspect the Goods is provided to Mixergy. Such opportunity to inspect must be provided prior to installation of the Goods.  Photographic evidence must be supplied on request showing clear evidence of the defect or shortage.
    5. Mixergy shall make good any defects or shortages in accordance with this clause 7, but otherwise shall be under no liability for such defects or shortages (save for death or personal injury caused by Mixergy’s negligence). If delivery of the Goods is accepted by the Installer and/ or the Installer’s customer and the Installer and/ or their customer fails to notify Mixergy in accordance with this clause 7, the Installer shall not be entitled to reject the Goods and Mixergy shall have no liability for delivering the wrong Goods or for damage to the Goods.
  1. FAULTY GOODS AND/ OR INSTALLATION WORK
    1. You are responsible for correctly installing the Goods that you have purchased. If you require training on how to install our Goods, please go to mixergy.co.uk/installers.
    2. In the event that you do not correctly install the Goods, you will be responsible for and will indemnify Mixergy for and against any losses and/ or damages caused to Mixergy by your faulty installation of the product including any costs incurred in discovering that faults to the Goods that were not the result of faulty Goods and/or rectification work undertaken to Mixergy tanks by third parties to ensure customer satisfaction.
    3. You understand that Mixergy’s reputation is dependant on the quality of your installation work and accordingly, you undertake to Mixergy to install the Goods to the highest standard of installation work reasonably expected of a G3 qualified engineer, in accordance with all industry regulations and guidelines and in accordance with all training provided to you by Mixergy.
    4. You are liable for any direct, indirect and/ or consequential losses caused to Mixergy as a result of your non-compliance with clauses 8.1, 8.2 and 8.3.
    5. In the event that your customer contacts you in relation to a manufacturing defect with our Goods that is not apparent on delivery, you should direct your customer to contact us under their Warranty which can be found on our website.. Please advise your customer that they have certain responsibilities under this Warranty and these must be complied with in order for their warranty to be maintained.
    6. You are aware that Mixergy offers other support packages to its customers including Mixergy Care Plan and Mixergy Care Plus. You will make information available to your customers on these packages. 
    7. In the event that you advise a customer to contact Mixergy for a warranty issue when their complaint relates to an installation fault, you understand that the provisions of clauses 8.1 to 8.4 (inclusive) apply. 
  1. CANCELLATION BY THE INSTALLER
    1. Cancellation of the whole or any part of any Order, prior to or after delivery, whether it is an order by instalment or otherwise, by the Installer is not permitted except where, in exceptional circumstances, it has been agreed in writing by a manager of Mixergy.
    2. Goods, once delivered, may not be returned unless authorisation has been given as specified in clause 9.1 and provided that the following conditions are satisfied:
      • Goods will only be accepted if they are in brand new and if the package remains unopened and they have not been tampered with or damaged in any way; and
      • Goods will only be accepted if returned within three (3) weeks of the date of delivery.
    3. Where Goods are returned by agreement:
      • in every case a restocking charge will be made.
      • in every case the invoice number and date together with reason for return must be stated.
    4. We will examine the returned Goods and will process any refund to you within thirty (30) days. Unless otherwise notified by us the price of the Goods will be refunded less any applicable restocking and collection charges.
  1. PRICE
    1. Any price quoted by Mixergy on our website shall not include the cost of delivery, insurance and/or storage effected by it in connection with your Order.
    2. A separate charge shall be listed on shop.Mixergy for delivery to the Delivery Address.
    3. Please note that all our prices are subject to change without notice, so please check prices carefully before placing your order.
    4. Unless otherwise expressly stated in writing, all prices are exclusive of, and therefore subject to the addition of VAT.
    5. Payment shall be made by credit card through our external payment site and funds shall be cleared for payment at the time of Order.
    6. We accept Visa and Mastercard credit cards, and Maestro, Delta and Visa Electron debit cards.
    7. We’ll take payment for your order, including delivery charges, from your debit or credit card at the time you place your Order. However, this doesn’t mean that your order has been accepted and if we reject your order for any reason (see below), or we can’t supply the Goods you’ve ordered, we’ll credit your payment card with a full refund where payment has already been made. 
  1. DISPUTES AND SET-OFF
    1. Installer shall not be entitled to withhold or delay payment or exercise any right of set off whatsoever and howsoever arising or arisen.
    2. In the event that Installer has a problem with any of the Goods that have been delivered, Installer shall notify Mixergy through sending an email to customer.services@mixergy.co.uk. 
  1. TITLE AND RISK
    1. Title and risk in the Goods shall pass to the Installer on delivery of the Goods to the Delivery Address on the Delivery Date. 
  1. TERMINATION AND SUSPENSION
    1. Without prejudice to any rights and remedies available to it, whether under the Contract or otherwise, Mixergy shall be entitled in its absolute discretion and upon giving to the Installer written notice of its intention to do so, either to terminate wholly or in part the Contract and/or any other contract with the Installer or to withhold, vary or suspend performance of all or any of its obligations under the Contract or any other contract in any one or more of the following events:-
      • If the Installer shall commit any breach of any contract with Mixergy; and/ or
      • Where it is necessary to make alternative arrangements to deal with supply shortages. In such circumstances, the Installer’s obligation to purchase Goods hereunder shall remain binding to the extent that Mixergy meets the Installer’s order. 
  1. MIXERGY’S LIABILITY
    1. Mixergy shall in no circumstances be liable to the Installer for any (a) consequential or indirect loss under English law; and (b) loss of product, loss of use, loss of revenue, profit or anticipated profit (if any), in each case whether direct or indirect to the extent that these are not included in sub-clause (a) of this definition and whether or not foreseeable at the date of an Order.
    2. Our total liability to you for all losses arising under or in connection with this Order will in no circumstances exceed to the price paid by the Installer for the Goods.
    3. Mixergy shall in relation to the Goods and Services have no obligation to the Installer, either arising by statute or in tort or in contract and whether arising out of any negligence of Mixergy or any of its employees or agents (and whether under the Contract or under any other contract), other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract.
    4. Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      • any other liability that cannot be limited or excluded by law.
    5. The provisions of this clause 14 shall survive any termination of the Contract.
    6. The exclusions from and limitations of liability set out in this clause 14 shall be considered severably. The validity or unenforceability of any one clause, sub-clause, paragraph or sub-paragraph of this clause 14 shall not affect the validity or enforceability of any other part of this clause 14.
    7. The Terms and the Warranty Statement replace all conditions, warranties, representations, statements, liabilities and other terms whatsoever implied by common law, statute or otherwise, all of which shall accordingly be excluded to the extent allowed by law.
  1. INSTALLER’S LIABILITY
    • The Installer shall be liable to pay Mixergy (on written demand) for, and indemnify Mixergy against, all reasonable costs, expenses and losses sustained or incurred by Mixergy (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation, damage to property, loss of opportunity to deploy resources elsewhere and legal costs on an indemnity basis) arising directly or indirectly from the Installer’s fraud, negligence or failure to comply, or unreasonable delay in complying, with any of the Terms. 
  1. MIXERGY INTELLECTUAL PROPERTY
    • All Intellectual Property Rights in the Goods and/ or any documents or materials provided by Mixergy to the Installer shall belong to Mixergy.
    • Except as permitted by law, the Installer shall not disclose any confidential information or commercial know-how provided by or relating to Mixergy. 
  1. WEEE
    1. The Installer shall:
      • be responsible for arranging and financing the collection, treatment, recovery and environmentally sound disposal of all WEEE arising or deriving from the Goods;
      • comply with all additional obligations placed upon the Installer by the WEEE Regulations by virtue of the Installer accepting the responsibility set out in clause 17.1.1; and
      • provide Mixergy’s WEEE compliance scheme operator with such data, documents, information and other assistance as such scheme operator may from time to time reasonably require to enable such operator to satisfy the obligations assumed by it as a result of the Mixergy’s membership of the operator’s compliance scheme. 
  1. FORCE MAJEURE
    1. Mixergy reserves the right to defer the Delivery Date or cancel the Order (in each case without liability to the Installer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, labour disputes, or restraints or delays affecting suppliers or carriers, or inability or delay in obtaining supplies of adequate quality, provided that, if the event in question continues for a continuous period in excess of thirty (30) days, the Installer shall be entitled to give notice in writing to Mixergy to terminate the Order. 
  1. NOTICES
    1. All notices sent by the Installer to Mixergy must be sent to Mixergy’s address at 2 Canal View, Wharf Farm, Eynsham Road, Cassington, Oxfordshire OX29 4DB for the attention of Customer Services or by email to customerservices@mixergy.co.uk or as otherwise agreed by Mixergy. Mixergy may send notices to the Installer at the email or postal address, provided by the Installer to Mixergy.
    2. All communications between the parties about the Contract, including any notices to be sent or received under the Contract, must be in writing. Notices shall be deemed served on delivery if delivered by hand, 48 hours after posting if sent by post, and on completion of transmission if sent by email. 
  1. GOVERNING LAW
    1. This Contract (including any contractual and/ or non-contractual rights and obligations) shall be governed by the laws of England & Wales and subject to the exclusive jurisdiction of the English Courts.
  1. DATA PROTECTION
    1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of UK GDPR. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice available from mixergy.co.uk.
  1. GENERAL
    1. Failure or delay by Mixergy to enforce, or partially enforce, any provision of the Order and/ or the Terms shall not be construed as a waiver of any of its rights under the Order.
    2. These Terms shall not create any agency or partnership between Mixergy and the Installer or any third party.
    3. If any condition is found by any court to be wholly or partly illegal, invalid, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, unenforceability or unreasonableness be deemed severable and the remaining Terms, and the remainder of such clause, shall continue in full force and effect. In the event that such court decides that such clause is not severable, the parties agree to substitute such clause with a legal, valid, enforceable and reasonable clause that achieves, to the greatest extent possible, the same commercial effect as the original clause.
    4. For the purposes of the Contracts (Rights of Third Parties) Act 1999, these conditions do not create any right or remedy enforceable by any person other than the Installer and Mixergy. This condition does not affect any right or remedy of a third party that exists or is available apart from that Act.
    5. We may assign or transfer our rights and obligations under this Order to another entity but will always notify you in writing or by posting on this webpage if this happens.
    6. You may only assign or transfer your rights or your obligations under this Order to another person if we agree in writing.
    7. Any variation of the Order only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
Consumer
Trade

Terms and conditions for consumers

This document sets out terms and conditions for purchase of a Mixergy hot water cylinder and/ or components by a Consumer. 

If you are a trade professional, please see the Trade terms and conditions above.

Where to find information about us and our products:

You can find everything you need to know about us, Mixergy Limited, and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing before or after you order by email.

When you buy from us you are agreeing that:

  1. We only accept orders when we’ve checked them.
  2. You will book a qualified installer to install our product.
  3. Sometimes we reject orders.
  4. We charge you when we accept your order.
  5. We’re not responsible for delays outside our control.
  6. Products can vary slightly from their pictures.
  7. Your installer can dispose of your waste electrical and electronic equipment from your legacy hot water tank.
  8. You’re responsible for making sure your measurements are accurate.
  9. We charge you if you don’t give us information we need, or it is inaccurate.
  10. As you bought online or over the telephone, you have a legal right to change your mind.
  11. You have rights if there is something wrong with your product.
  12. We can change products and these terms.
  13. We can suspend supply (and you have rights if we do).
  14. We can withdraw products.
  15. We do not compensate you for all losses caused by us or our products.
  16. We use your personal data as set out in our Privacy Notice.
  17. You have several options for resolving disputes with us.
  18. Other important terms apply to our contract.

1. We only accept orders when we’ve checked them

We contact you to confirm we have received your order and then you will be contacted again by our delivery partner normally within five (5) days to confirm we have accepted it and confirm your delivery arrangements. We endeavour to deliver any product to you within four (4) weeks from the date your order is confirmed by us.

2. You will book a qualified installer to install our product

You will need to book a qualified installer to install our product. For most of our products, this means that you will use an installer that is trained to install heating and hot water products to meet the current regulations in force at the time you install your product. A list of approved installers is provided on our website. We can discuss this requirement with you further if you contact our sales team at enquiries@mixergy.co.uk.

3. Sometimes we reject orders

Sometimes we reject orders, for example, because we do not supply the requested product, because you are located outside our current delivery areas (as stated on our website and in our brochures), because the product has become unavailable or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid to us.

4. We charge you when we accept your order

You will own your product once it is delivered. In the event that your payment is revoked or you send your tank back, ownership will revert to us from the time that we no longer have your payment or when we collect your tank.

5. We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as delivery slot unavailability, delays in manufacturing, component supply chain issues or public holidays, we will contact you as soon as possible to let you know and do what we can to reduce the delay.

As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial, you can contact our Customer Care Team either by telephone (01865 884343) or by email (customer.care@mixergy.co.uk) to receive a refund for any products you have paid for but not received, less reasonable costs we have already incurred.

6. Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown in our marketing or its packaging may be slightly different. Because our products are custom-made, all sizes, weights, capacities, dimensions and measurements indicated on our website can vary by up to 2%.

7. You should discuss with your installer safe disposal of your waste electrical and electronic equipment

Your installer can advise you on how you can safely dispose of the electrical and electronic equipment in your Mixergy tank when it is eventually replaced.

8. You’re responsible for making sure your measurements are accurate

You’re responsible for making sure the measurements you provide to your installer are correct and that the products can be transferred to the place in your home where your hot water tank is located (e.g. the tank may need to fit through your loft hatch) and installed in the correct location.

Find information and tips on measuring through our website, your installer or contact our Sales team by telephone (01865 884343) or by email (enquiries@mixergy.co.uk).

9. We charge you if you don’t give us information we need or if the information provided is inaccurate

We may charge you additional sums if you do not provide us with information we have asked for, for example if you do not provide us accurate details as to how we can access your property for delivery, we may need to reschedule delivery if a specific delivery vehicle is required, or if you supply incorrect information which has an impact on your ability to use our product, upon delivery we may find you need a different product and therefore have to rearrange delivery of the correct product.

For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of its purchase price within fourteen (14) days of making your order. This refund is subject to you paying the cost of returning the product and the product not having been opened, damaged or installed during this period.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than fourteen (14) days after the day we deliver it and before it has been installed.

How to let us know. To let us know you want to change your mind, contact our Customer Care Team in writing by email (customer.care@mixergy.co.uk).

You have to return the product at your own cost. We reserve the right to charge you any costs of collecting your product.

You will not be able to return the product if the packaging has been tampered with and it is no longer in the original condition that it was supplied in. In some cases, because of the way you have treated the product, no refund may be due in particular, if the packaging has been tampered with or it has been installed.

When and how we refund you. If you tell us you have changed your mind about a product that has not been delivered, we refund you as soon as reasonably possible, and in any event within 30 days. If we are refunding you for a product we are either collecting from you or you have arranged for it to be returned to us, we refund you as soon as reasonably possible after we have received confirmation from our product quality team that the product has not been tampered with and that the product remains in its original condition. We refund you by the method you used for payment. We do not charge a fee for the refund.

11. You have rights if there is something wrong with your product

Your new product comes with our Warranty. Information on our Warranty can be found at Warranty Information. You may also decide to purchase to one of our care plans, either Mixergy Care or Mixergy Care Plus. Further information on these plans can be found by following the link or scanning your new product’s QR code.

If you think there is something wrong with your product, you must contact our Customer Care Team (customer.care@mixergy.co.uk). We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. For detailed information on your rights please visit the Citizens Advice website. Remember too that you have several options for resolving disputes with us.

12. We can change products and these terms

Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements;
  • to make minor technical adjustments and improvements. These are changes that don’t affect your use of the product

13. We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We will contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than two (2) months you can contact our Customer Care Team (customer.care@mixergy.co.uk) to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

14. We can withdraw products

We can stop providing a product prior to delivery. We let you know as soon as possible and refund any sums you’ve paid in advance for products which won’t be provided.

15. We do not compensate you for all losses caused by us or our products

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section, Mixergy are not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
  • A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

16. We use your personal data as set out in our Privacy Notice

Our Privacy Notice sets out how we use any personal data you give us.

17. You have several options for resolving disputes with us

Our complaints policy. Please contact our Customer Care Team either by telephone (01865 884343) or by email (customer.care@mixergy.co.uk) who will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by the laws of England and Wales and wherever you live you can only bring claims against us in the English courts.

18. Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

You cannot transfer your contract with us to someone else.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

Consumer
Trade