Terms & Conditions of Sale1. Interpretation
1.1 In these Conditions:
"Buyer" means the person who offers to purchase Goods from the Seller and to whom the Seller agrees to sell the Goods.
"Conditions" means the Sellers standard terms and conditions of sale set out in this document as amended from time to time by the Seller.
"Confirmation of Order" means the confirmation in whatever form made by the Seller to the Buyer prior to payment being effected and Goods being despatched.
"Contract" means the contract between the Buyer and the Seller under which the Buyer offers to buy the Goods from the Seller and the Seller agrees to sell the Goods to the Buyer.
"Goods" means the Madmatz products and any parts of them which the Seller agrees to supply to the Buyer in accordance with these Conditions.
"Nominated Card" means the payment card details provided by the Buyer to the Seller at the time of placing the order and from which payment for the Goods will be effected.
"Seller" means Mark Watts Ltd t/a Madmatz, registered number 5958685 whose registered office is at Carlton House, High Street, Higham Ferrers Northants NN10 8BW.
"Writing" includes letters and e-mail.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended from time to time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods from the Seller in accordance with these Conditions and at the price set out in any written quotation made by the Seller to the Buyer or in the absence of any written quotation at the prices set out in the current price list as set out on the Seller's website or in the Seller's current catalogue from time to time.
2.2 All purchases of the Goods are subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions.
2.3 No variation to these Conditions shall be binding unless the proposed variation is confirmed in Writing by the Seller.
2.4 The Seller's employees or agents are not authorised to make any representations or warranties in relation to the Goods or their quality or their fitness for a particular purpose unless it is confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it shall not rely on any such representations or warranties which are not so confirmed but nothing in these Conditions affects the liability of either party for fraudulent misrepresentation.
2.5 Any advice or recommendation given by the Seller its employees or agents to the Buyer or its employees or agents as to the storage application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk and accordingly the Seller shall not be liable for any loss, damage or inconvenience arising out of reliance upon such advice or recommendation which is not so confirmed.
2.6 Every effort is made to ensure that the prices shown in all the Seller's sales literature and on the Seller's website are correct at the time of publication. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the Seller shall be corrected by the Seller as soon as practicable once it has become aware of the error or omission but the Seller shall not be liable for any loss or damage arising out of such error or omission.
3.1 No order submitted by the Buyer either in writing, online or over the telephone shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller.
3.2 Once the order has been accepted by the Seller it shall be binding on the parties. Acceptance of the order is conditional upon the availability of the Goods ordered.
3.3 If any of the Goods ordered are unavailable or should events occur beyond its reasonable control; the Seller reserves the right to cancel the order and shall inform the Buyer as soon as possible.
3.4 If part of the Goods ordered are available, the Seller shall contact the Buyer in order to confirm whether or not the Buyer would like to proceed to purchase that part of the Goods that are available.
3.5 It is the Buyer's responsibility to check that all details and aspects of the order are correct and suitable for the requirements of the Buyer.
3.6 The quantity quality and description of the Goods shall be those set out in the Seller's quotation or on the description of the Goods either on the Seller's website or in the Seller's current catalogue from time to time.
3.7 Every effort is made to ensure that the Goods which are to be supplied correspond as closely as possible to those displayed in the Sellers catalogue or on-line. The Buyer acknowledges however that they may not be exactly the same as that description.
3.8 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements and/or which do not materially affect their quality or performance.
4. Price of the Goods
4.1 The price of the Goods shall be the price stated in the quotation issued by the Seller to the Buyer or where no price has been quoted (or a quoted price is no longer valid) the price listed in the Seller's published price list current at the date on which the order is confirmed by the Seller.
4.2 Special Offers. We reserve the right to end any offer at any time including prior to the published date. Special offers are not valid in conjunction with any other offer.
4.3 Where the Goods are supplied for export from the United Kingdom the Seller's published export price list shall apply.
4.4 When an order is priced based on a quotation issued by the Seller prices quoted shall be valid for 30 days from the quotation date or until earlier acceptance by the Buyer to the Seller.
4.5 The Seller reserves the right by giving notice in Writing to the Buyer at any time before despatch of and payment for the Goods, to increase the price of the Goods to reflect any increase in the costs to the Seller which arise out of any factor which is beyond the control of the Seller (such as without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour materials or other costs of manufacture), any change in the agreed delivery date or quantities of the Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate written information or instructions. If this is the case the Seller will give the Buyer the opportunity to reaffirm the Contract at the increased price or to decline to proceed with the purchase.
4.6 Except as otherwise stated under the terms of any written quotation or in any price list of the Seller and unless otherwise agreed in Writing between the Buyer and the Seller all prices are given by the Seller on an ex-works basis.
4.7 Where the Seller agrees to deliver the Goods the Buyer shall be liable to pay the Seller's charges for transport packaging and insurance.
4.8 Where the Buyer decides to collect the Goods from the Seller's premises they may do so free of charge.
4.9 The price payable under 4.1 above is inclusive of any applicable value added tax.
5. Terms of payment
5.1 The Buyer shall at the time of ordering the Goods provide to the Seller the card details for the account from which payment for the Goods shall be made. Receipts for payment will be issued only upon request.
5.2 Unless agreed otherwise in Writing by the Seller the Seller shall be entitled to deduct payment for the Goods from the Buyer's Nominated Card upon despatch of the Goods.
5.3 If payment by the Buyer cannot be effected at the time of despatch of the Goods then without prejudice to any other right or remedy available to the Seller, the Seller shall have the right to cancel the contract or suspend any further deliveries to the Buyer.
5.4 Cancellations, returns and refunds are subject to the following conditions:-
5.4.1 the Buyer has the right to cancel an order of Goods at any time before the Goods have been delivered or for a period of 7 days starting on the day after the day on which the Buyer received the Goods;
5.4.2 if the Goods have already been despatched by the Seller, the Buyer is advised to return them to the Seller upon delivery and the following shall apply: if the Goods are returned within 14 days of the Buyer receiving them, the Buyer will be entitled to a full refund of any payment that has been made by the Buyer for the Goods (but not the cost of packaging and transportation);
5.4.3 when returning the Goods, they must be accompanied by proof of purchase (receipt or despatch note), be unused and in the same condition as they were in at the time of receipt (including all original packaging) otherwise the Seller will not be obliged to issue a full refund.
5.4.4 if Goods are returned more than 14 days after receipt by the Buyer any refund will be at the discretion of the Seller and subject to a restocking fee equal to 15% of the value of the Goods.
5.4.5 the Buyer shall not accept returns of any Goods which are made more than 90 days after the date on which they were despatched unless they are deemed to be faulty in accordance with clause 5.8.
5.5 If the Buyer amends its order for the Goods after the order has been placed, the Seller reserves the right to charge the Buyer any additional costs that the Seller will incur as a result. However this shall not exceed 25% of the value of the Goods in question. If this is the case, the Seller will inform the Buyer and give the Buyer the opportunity to either confirm the amended order at the higher price or to revert to the original order or to cancel the order.
5.6 If the Buyer believes that any of the Goods are defective or are of an unsatisfactory quality, the Buyer must immediately contact a member of the customer services team by one of the following methods:
Phone 01536 358827