terms & conditions
Wholesale Payment Methods
Mud Pie offers payments terms in the forms of:
- Credit Card (we accept American Express, Visa, Mastercard, and Discover)
- Electronic Check (eCheck)
- Prepayments/Deposits
- Credit terms (Approval is required)
Note: Not all accounts are entitled to credit. Accounts wishing to be considered for credit terms must complete a Mud Pie Credit Application to be returned to the Finance Department.
Where applicable law permits, if you chose to pay by credit card, we will impose a 2% processing fee/charge on the transaction amount, which is not greater than our cost of acceptance. We do not impose a charge on Electronic Check (eCheck) payments.
All payments shall be made in United States dollars, payable pursuant to our instructions.
In exchange for Mud Pie providing products, customers agree to pay:
- the price for products in effect upon order confirmation (unless otherwise specified),
- timely and in full according to the due date of the invoice,
- all collection costs and expenses, including actual attorneys' fees and arbitration fees, incurred by us or on our behalf if legal and/or collection proceedings occur,
- all excise, export or import duties, transportation, insurance, shipping costs, and taxes relating to products.
Where the information on the Web Site is inaccurate or incomplete at the time you place an order, we reserve the right to cancel such order without liability to you if we correct the inaccurate or incomplete information prior to fulfilling your order.
Disclaimer
We strive to partner with suppliers that are committed to quality in all aspects of their products’ manufacture. Some products carry warranties from their third-party manufacturers that may be transferable to you. SINCE WE DO NOT MANUFACTURE PRODUCTS, WE PROVIDE THEM TO YOU “AS IS,” DISCLAIMING ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limits
WE ARE COMMITTED TO OUR CUSTOMERS. AS SUCH, THERE MAY BE TIMES WHEN WE MAY BE LIABLE TO YOU. IN SUCH CASES, WE BOTH AGREE THAT: (1) OUR LIABILITY ON ANY CLAIM OF ANY KIND OR FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THESE TERMS AND CONDITIONS, OR THE PERFORMANCE OR BREACH THEREOF OR ANY PRODUCTS SHALL NOT EXCEED THE AMOUNT OF ANY ACTUAL LOSS OR DAMAGE, UP TO THE AGGREGATE AMOUNT YOU HAVE ACTUALLY PAID US FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM, REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCT LIABILITY OR OTHERWISE AND (2) WE SHALL NOT BE LIABLE FOR (A) THIRD PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES OR (B) ANY LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, REGARDLESS OF THE FORM OF ACTION. THE LIMITS OF LIABILITY SET FORTH IN THIS PARAGRAPH DO NOT APPLY TO THE BODILY INJURY TO OR THE DEATH OF ANY PERSON OR OUR DAMAGE TO PROPERTY ON YOUR PREMISES CAUSED BY US. NEITHER OF US MAY BRING ANY CLAIM AGAINST THE OTHER MORE THAN ONE (1) YEAR AFTER THE DATE SUCH CAUSE OF ACTION ACCRUES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Social Media Terms & Conditions
THE IMAGES, POSTS, CONVERSATIONS, BOARDS AND HASHTAGS CREATED OR ADMINISTERED BY MUD PIE ACROSS ANY SOCIAL MEDIA PLATFORM, INCLUDING BUT NOT LIMITED TO, FACEBOOK, INSTAGRAM, TWITTER, PINTEREST AND LINKEDIN, ARE FOR OUR FANS AND RETAILERS ENTERTAINMENT. WE WELCOME POSTS, PICTURES AND VIDEOS ON OUR SOCIAL HANDLES AS LONG AS THEY ARE IN CORRESPONDENCE WITH THE TERMS & CONDITIONS OF EACH PLATFORM’S TERMS OF USE AND PRIVACY POLICY.
All users agree to the following terms: (1) Mud Pie’s shares, posts, and content may or may not be accurate, complete, reliable or up to date; (2) You read and follow our social handles at your own risk; (3) Any content posted on our platforms by fans will not violate any law or regulation including, without limitation, copyright, trademark, privacy or publicity rights; (4) And contend we are tagged in or posted on our platforms will not contain obscene or profane language.
You are responsible for all content posted to our social handles, and Mud Pie will not take responsibility for you. Mud Pie has the right to review and remove any content for any reason we see fit. All content that violates against us or our Terms and Conditions will be removed.For any pictures, videos and/or posts share with us or on our social handles are granting Mud Pie the permission to use, copy, modify, adapt, publish and repost such content on our own social media handles. Do not posts or share any content that you do not wish for Mud Pie to re-share. Additionally, you allow Mud Pie to “tag” the username and/or the handle associated with the post.
Additionally, specific areas on our website may allow you to share or repost Content on your personal social media handles. You are permitted a limited license to display the Content as directed. You have no other title to the Content posted by Mud Pie.
We advise you so review the social media Terms and Conditions before posting content or participating in Mud Pie’s social media campaigns, pages, hashtags, posts and conversations.