M&P
DIRECT LIMITED ("M&P"):
TERMS AND CONDITIONS
We
want you to enjoy using our Website and
the useful information and Products that
we provide through it. All information
on this site is provided in good faith.
To avoid any misunderstandings, please
take a moment to read these Terms, which
govern the contract between us. They set
out the basis of how you use our site,
the purchase of our Products, what we
provide, what we charge and what we ask
of you in return. By submitting an Enquiry
and/or an Order to M&P, you are agreeing
to these Terms and our, Privacy Policy
which will apply to any purchase you make
from M&P on this Website.
SUMMARY
1.
Definitions
2. Product Details
3. Price of the Products
4. Enquiries
5. Order Acceptance and Payment
6. Our Right to Cancel
7. Delivery
8. Right of Cancellation
9. Warranties and Refunds
10. Returns Procedure
11. Use of Website
12. Liability
13. Notices, Enquiries and Complaints
14. Intellectual Property
15. Privacy Policy
16. General
1.
Definitions
1.1. In these terms and conditions ("the
Terms") unless the context otherwise
requires, the following words and phrases
shall have the following meanings:
"Customer
Material" means any information provided
by the customer to M&P including,
but without limitation, your details,
sizes, delivery details, requirements
or any information provided in the Enquiry
or Order;
"Enquiry"
means any enquiry made of M&P;
"Force
Majeure Event" includes any delay
or failure to perform our obligations
as set out in these Terms where such delay
or failure to perform arises from circumstances
beyond our reasonable control, including
(without limitation) any Act of God, communications
failure, death, destruction, fire, flood,
strikes, riots, accident, disruption to
energy supplies, civil commotion, acts
of terrorism or war;
"Order
Confirmation" an order confirmation
from M&P to you confirming receipt
of your payment and the acceptance of
your order;
"Price"
means a price issued by M&P to you
in response to an Order Confirmation and/or
an Enquiry;
"Product"
means products available for sale on the
Website;
"M&P",
"us" or "we" means
M&P Direct Limited (Company Number
03928542) whose registered office is at
Phoenix Way, Garngoch Industrial Estate,
Gorseinon, Swansea, SA4 9HN (VAT Number:
GB 779 463 275);
"Website"
means the website for the sale of the
Products at www.mandp.co.uk;
"Writing"
includes email, fax, or other comparable
means of communication;
"you",
"your" or "customer"
means the person, firm or company placing
an order for Products with M&P.
2.
Product Details
2.1. The Products displayed on this Website
are not shown to actual size nor are their
images binding as to detail. Some Products
may appear slightly larger or smaller
than actual size due to screen defaults
and photography techniques. Other Products
may be represented at a larger than actual
size in order to clearly show details,
or smaller than actual size in order to
show the entire item, and your attention
is drawn to the Product details and content
where given. If the Product you receive
is materially different from the Product
details specified you shall be entitled
to reject it without penalty.
2.2. All Products are subject to availability.
In the unlikely event of a change in the
specification or quality of the goods
ordered we will offer you a substitute
item of the same or better quality for
the same price, which you shall be entitled
to reject by returning the item within
7 days from the date the Product has been
delivered to you.
3.
Price of the Products
3.1. Subject to the provisions of clauses
3.4 and 3.5 the Price of the Products
will be as stated on our Website at the
time you submit your order.
3.2. Prices stated on the Website include
VAT for the item(s) but not the cost of
delivery and insurance during freight
as that cost is dependent upon the value
of the item(s) purchased and so is advised
in addition to the Prices stated.
3.3. All Products must be paid for in
full before being dispatched.
3.4. The price of the products stated
on our website may vary due to factors
outside M&P Direct Ltd’s control,
or if there is a delay between the time
of the order and you receiving your Order
Confirmation. In these circumstances you
will be entitled to cancel your order
if the price increase is not acceptable
to you.
3.5. Without prejudice to clauses 3.4
or 6.1.1, if we discover an error in the
price of the Products offered we will
contact you to resolve the situation.
3.6. Prices on the website can be viewed
by different currency but will be invoiced
in sterling.
4.
Enquiries
4.1. By making an Enquiry you are under
no obligation to purchase any Product
but you agree to be bound by these Terms
and our Privacy Policy.
5.
Order Acceptance and Payment
5.1. Before your order can be accepted,
we must receive in cleared funds, or confirmation
of authorisation of payment (where a credit
card is used) the purchase price specified
in full (without any deduction).
5.2. When we receive your order we will
send you an acknowledgement of its receipt.
Once payment has been received by us in
accordance with clause 5.1 we will confirm
that your order has been accepted by sending
an Order Confirmation to you at the e-mail
address you provide. When we send you
this Order Confirmation a legally binding
contract exists between us.
5.3. You may pay for the Products in any
currency from time to time stated on our
Website.
5.4. You must pay for the Products you
order by using any method currently specified
on the Website, which may include without
limitation;
5.4.1. a telegraphic transfer or a bank
transfer to M&P’s account; or
5.4.2. credit or debit card by communicating
your card details to M&P (for the
avoidance of doubt the credit/debit cards
accepted by us are those listed on the
Website on the date your order is placed).
5.5. In the event that payment for an
order is not received; or you are not
fully entitled to use your nominated credit,
debit or charge card; or such card has
insufficient funds to cover the price
of the Products then:
5.5.1. M&P may contact you allowing
you to make payment in full within a specified
time period by the same or another means;
or
5.5.2. M&P may at its sole discretion
cancel your order in which case M&P
shall return any monies received from
you within 30 days of receipt of such
monies to your nominated account and M&P
shall be entitled to deduct an administration
fee to cover any expenses incurred by
M&P in doing so;
5.5.3. you agree that in any event that
M&P shall have no liability to you
for any loss, damage, costs, expenses
or other claims that you may incur.
5.6. You agree to indemnify M&P in
full against all costs and outgoings incurred
by us in obtaining payments from you in
the event a failed payment occurs.
6.
Our Right to Cancel
6.1. We reserve the right to cancel your
order if:
6.1.1. after receiving your order and
before we send you your Order Confirmation,
we become aware of a pricing error in
respect of the Product you have ordered,
we reserve the right to withdraw the Product
from sale and inform you accordingly;
or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will
notify you by e-mail and will offer an
alternative replacement Product or refund
to you any amounts paid to us as soon
as possible and in any event within 30
days of your order.
6.3. We shall not be liable to you for
any loss, damage, costs expenses or claims
that you may incur, for orders cancelled
by us before we send your Order Confirmation.
6.4. This clause 6 does not affect your
statutory rights as a consumer, nor does
it affect your contract cancellation rights.
7.
Delivery
7.1. We reserve the right to charge for
and fulfil partial orders where the Order
Confirmation consists of multiple items.
7.2. Delivery will be made to the address
specified in the Order Confirmation.
7.3. We will take all reasonable steps
to deliver your order to you on or before
the date specified in the Order Confirmation.
We cannot be held liable for delays caused
by circumstances beyond the reasonable
control of M&P (such as Force Majeure
events). Time will only be of the essence
of the contract if you have agreed this
in advance with us at the time of placing
your order and received an Order Confirmation
with a guaranteed delivery date.
7.4. You will become the owner of the
Products you have ordered when they have
been delivered to you. Once the Products
have been delivered to you they will be
held at your own risk and we shall not
be liable for their loss or destruction.
8.
Right of Cancellation
8.1. EXCEPT FOR the Products that are
custom works, you will be entitled to
cancel your order by written notice to
us by following the procedure in clause
10. You do not need to give us any reason
for cancelling your order nor will you
have to pay any penalty. Products that
are custom works cannot be cancelled or
returned. This policy is in accordance
with the Consumer Protection (Distance
Selling) Regulations 2000.
9.
Warranties and Refunds
9.1. Subject to the following provisions
of this clause 9.1, we warrant that the
Products will be of satisfactory quality.
The aforementioned warranty is given by
M&P subject to the following condition
save that it is acknowledged that your
statutory rights are not affected:
9.1.1. M&P shall be under no liability
to the customer for any loss, damage,
costs, expenses or other claims in respect
of: (a) any defect arising from wilful
damage, negligence, failure to follow
instructions for the use of the Products
(whether oral or in writing); (b) misuse
or alteration of the Products without
our approval; (c) arising from any Customer
Material supplied by you which is incomplete,
inaccurate, illegible, out of sequence
or in the wrong form, or any other fault
of the Customer.
9.2. M&P’s products should meet or
exceed your expectations. However, in
the event that you are dissatisfied with
your order, the Products delivered to
you are incomplete or you have received
incorrect Products, we shall have no liability
to you unless you notify M&P of the
problem AS SOON AS IS REASONABLY POSSIBLE
of the Products in question. For the purposes
of efficiency we advise you to contact
our customer services on 08712 22 11 22
9.4. If you notify a problem to us under
clause 9.2 or we have committed a breach
of the warranty at clause 9.1 our only
obligation will be (to be determined at
your option and subject always to your
statutory rights):
9.4.1. We may offer you an alternate Product
free of charge within 60 days of notification
provided that that the original Product
is returned to us in accordance with clause
10; or
9.4.2. We will arrange with you for the
Products to be returned to us in accordance
with clause 10, and we shall refund the
price paid.
10.
Returns Procedure
10.1. If you exercise the right to cancel
under clause 8.1 or a right to return
the Product(s) in accordance with clause
9.4, in order to make the returns procedure
as efficient as possible we advise you
to follow the following procedure:
10.1.1. Please contact our customers services
on 08712 22 11 22 to obtain a returns
authorisation number before sending the
Product(s) back;
10.1.2. complete the return form provided
with the original packing materials for
the delivered Product(s);
10.1.3. secure the Product(s) and all
of the original packing materials, including
return form, packing slip, in a plainly
wrapped cardboard box (the post office
has these available if you do not);
10.1.4. clearly print your name and address
on the outside of the package in the return
area and mail the package to:
M&P
Direct Limited
Phoenix Way
Garngoch Industrial Estate
Gorseinon
Swansea
United Kingdom
SA4 9HN
10.1.5.
For your protection, we advise you to
insure the package for the full amount
of the invoice plus postal or shipping
charges. For the avoidance of doubt M&P
shall not be responsible for items lost
or damaged whilst in transit
Conditions
of Return
10.1.6.
Returns are simple, but are subject to
certain rules:
(a) you shall be liable for the cost incurred
in returning Products to us and we shall
not be obliged to accept any Product returned
if such costs have not been paid in full
;
(b) each item must be returned in the
same condition as it was sent, unworn
and undamaged. Damaged goods due to your
negligence will not be accepted for refund;
10.2 Subject to the conditions in clause
10.1 M&P will refund the full cost
of the item. Refunds will be made in the
same form as the original purchase.
10.3 All requests will be processed after
we have inspected and verified the condition
of the Products. Returns take approximately
five business days to process upon receipt
of the item.
11.
Use of the Website
11.1. You agree to use the Website only
for lawful purposes and in a way that
does not infringe the rights of, restrict
or inhibit anyone else’s use and enjoyment
of the Website. Prohibited behaviour includes
harassing or causing distress or inconvenience
to any person, transmitting obscene or
offensive content or disrupting the normal
flow of dialogue within the Website.
11.2. Where M&P provides any information
in relation to the Products supplied to
it by a third party, M&P does not
give any warranty, guarantee as to its
accuracy or otherwise and shall have no
liability to the Customer for any losses
arising as a result thereof.
11.3. M&P does not warrant that functions
contained in the Website content will
be uninterrupted or error free, that defects
will be corrected, or that M&P or
the server that makes it available are
free of viruses or bugs. We shall have
no liability for any direct, indirect,
special or consequential loss arising
out of the use of or the inability to
use this Website including (without limitation)
reliance on any information or content
of the website or which results from mistakes,
omissions, interruptions, deletions of
files or emails, defects, viruses or delays
in operation or transmission.
11.4. The information on the Website may
contain technical inaccuracies or typographical
errors and may be changed or updated without
notice. M&P may also make improvements
and/or changes to the Website at any time
without notice.
11.5. Any information we receive from
you will be dealt with in accordance with
our Privacy Policy.
11.6. Certain links in this Website connect
to other websites maintained by third
parties over whom we have no control.
We make no representations as to the accuracy
or any other aspect of information contained
in other websites.
12.
Liability
12.1. Nothing in these Terms will limit
our liability for death or personal injury
resulting from our negligence or that
of our employees or agents. If you are
a consumer (within the meaning of the
Unfair Contract Terms Act 1977) the content
of these Terms will not affect your statutory
rights. If you are not a consumer then
subject as provided in clause 9.1, all
other warranties, conditions or other
terms, whether implied by statute common
law or otherwise, are excluded to the
fullest extent permitted by law.
12.2. Where M&P provides any information
in relation to the Products supplied to
it by a third party, M&P does not
give any warranty, guarantee as to its
accuracy or otherwise and shall have no
liability to the Customer for any losses
arising as a result thereof.
12.3. In the event that we are unable
or fail to deliver the Products ordered
within any time period specified, we will
use reasonable endeavours to contact you
in order to re-schedule the delivery time.
12.4. We will not be in breach of contract
as a result of any Force Majeure Event.
12.5. IN ANY EVENT, THE LIABILITY OF M&P
FOR ANY BREACH OR THE AGGREGATE LIABILITY
FOR ANY SERIES OF BREACHES UNDER OR IN
CONNECTION WITH THESE TERMS SHALL NOT
EXCEED THE VALUE OF THE RELEVANT ORDER
PLACED BY YOU FROM TIME TO TIME.
12.6. M&P shall have no liability
for loss of profit or for any indirect,
special or consequential loss of damage,
costs, expenses or other claims for compensation
whatsoever arising out of or in connection
with the supply or non-supply of the Products
(including any delay in supplying the
Products) or their use or resale by you.
Other than as set out in clause 9.2, the
entire liability of M&P arising out
of any order for Products from you will
be limited to the total price of the Products
ordered by you.
12.7. You must observe and comply with
all applicable regulations and legislation,
including all necessary customs, import
or other permits to purchase Products
from our Website. The importation or exportation
of our Products may be prohibited by certain
national laws. We make no representation
and accept no liability in respect of
the import or export of the Products you
purchase.
13.
Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints
should be:
13.1.1. e-mailed to sales@mandp.com;
13.1.2. addressed to customer services
on telephone number 08712 22 11 22 or
faxed to 08705 70 30 33: or
13.1.3. sent by post to M&P Direct
Ltd, Phoenix Way, Garngoch Industrial
Estate, Gorseinon, Swansea, United Kingdom,
SA4 9HN.
14.
Intellectual Property
14.1. The entire content of the Website,
including all copyright, trademarks and
other intellectual property rights it
contains, including the use of the name
"M&P Direct" is the sole
property of M&P or our licensors.
You are permitted to copy, transmit and
to use such material only for the purpose
of ordering Products from the Website,
but you not are entitled to copy, reproduce,
transmit, display in public, create derivative
works from or otherwise commercially exploit
such material.
14.2. All intellectual property rights
in the Products (subject to the rights
of any third party) belong to M&P.
14.3. You warrant that all Customer Material
provided to us will not be defamatory
or infringe the copyright or other rights
of any third party, and you shall indemnify
M&P against any loss, damages, costs,
expenses or other claims arising out of
any such infringement.
15.
Privacy Policy
15.1. You acknowledge and agree to be
bound by the terms of our Privacy Policy.
16.
General
16.1. These Terms govern the contract
to the exclusion of all other terms and
conditions stipulated in any other communication
or document unless expressly agreed in
writing by M&P.
16.2. M&P reserves the right to vary
the content of these Terms from time to
time, with any changes being published
on the Website. However, such variations
will not affect any Contract between M&P
and you. Continued use of the Website,
or any of its services will signify that
you agree to any such changes.
16.3. We may correct any typographical,
clerical or other error or omission in
any information on the Website or in any
email or other document or communication
issued by M&P without incurring any
liability on our part.
16.4. If any clause or part of a clause
in these Terms is held by any Court of
competent authority to be unlawful, invalid
or unenforceable, such clause or part
shall be severed and the remaining provisions
of these Terms shall remain in full force
and effect.
16.5. These Terms, together with our Website
prices, delivery details, contact details
and privacy policy set out the whole of
our agreement relating to the supply of
the Products by us. Nothing said by any
sales person on our behalf should be understood
as a variation of these Terms or as an
authorised representation about the nature
or quality of any Products offered for
sale by us. Save for fraud or fraudulent
misrepresentation or any statutory obligation,
we shall have no liability for any such
representation being untrue or misleading.
16.6. The contract between you and M&P
shall be governed by English law and you
and M&P submit to the exclusive jurisdiction
of the English Courts.
16.7 M&P reserves the right to transfer,
assign, novate or sub-contract the benefit
of the whole or any part of any of its
rights or obligations under these Terms.
16.8 These Terms do not create or confer
any rights or benefits enforceable by
any person that is not a party within
the meaning of the Contracts (Rights of
Third Parties) Act 1999.
WE
RECOMMEND THAT YOU PRINT OUT A COPY OF
THESE TERMS FOR YOUR FUTURE REFERENCE.
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