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Terms and conditions
We know it might seem like a lot of information, but it's important, so please make sure that you read and understand these conditions before you agree to them. This page, along with the documents referred to on it, tells you about the legal terms and conditions on which we sell any of the products listed on our website to you.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions - means the standard terms and conditions of sale set out below, including the Returns Policy, the documents referred to on this page and any special terms and conditions confirmed in writing by us;
Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
Returns Policy – means the standard terms and conditions found here applicable when Goods are returned to us by you and which are hereby incorporated to these Conditions.
we - means M and M Direct Limited, and “us” and “our” shall be construed accordingly;
you - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;
- 1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
- 1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
- 1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.
- 1.5 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
2. BASIS OF SALE
- 2.1 We intend to rely upon these Conditions (as updated by us from time to time) in relation to the contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. No variation of these Conditions shall be binding unless agreed in writing by us. You will be subject to the Conditions in place at the time you order the Goods from us, unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all purchases you make from us at any time, regardless of how the order is made.
- 2.2 Where Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to cancel any other instalment other than as set out in these Conditions are our Returns Policy.
- 2.3 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only. The images of the Goods are for illustrative purposes only and whilst we make every effort to display images accurately the Goods may vary slightly from those images.
- 2.4 We reserve the right to withdraw any offer or special promotions without notice. In the event that you have already placed an order under the Conditions that we have accepted we will provide you with a full refund for any money received.
3. ORDERS AND SPECIFICATIONS
- 3.1 Your order represents an offer to purchase the Goods which is accepted by us if and when we issue you with written acceptance of the order (at which point the contract between you and us will be formed). Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. By placing an order you warrant that you are at least 16 years old. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We shall refund any payment made by you in the event that we cannot provide the Goods you have ordered. We reserve the right to refuse to accept an order.
3.2 If we reasonably believe you are intending to resell the Goods (whether on e-Bay or otherwise) as a business we reserve the right to refuse your order. In the event we do accept your
order we will be entitled to treat you as a commercial customer and:-
- 3.2.1 the rights afforded in clause 10 (Your Right to Cancel) and clause 11 (Effects of Cancellation) will not apply;
- 3.2.2 the terms of our Returns Policy’ will be withdrawn;
- 3.2.3 we will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt;
- 3.2.4 we will charge a reasonable handling fee, which shall exclude packaging and/or delivery costs for which you shall be liable and which will be confirmed prior to your order being accepted; and
- 3.2.5 make such other amendments to these Conditions as we deem necessary and only accept an order upon your acceptance of the same
- 3.3 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. Our order process allows you to check and amend any error before submitting any order with us. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you or, if the goods are ordered by mobile telephone, as a result of network failure.
- 3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, (1) the terms of Clause 10 (Your Right to Cancel) and Clause 11 (Effects of Cancellation) shall not apply; (2) you shall be responsible for all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification; (3) We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.
4. PRICE OF THE GOODS
- 4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.
- 4.2 While we try to ensure that all prices in our catalogues and on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party), we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
- 4.3 In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes and where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable.
- 4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs (which you shall be required to pay in addition to the price quoted for the Goods) will be confirmed prior to your order being placed.
5. TERMS OF PAYMENT
- 5.1 Please see our Payment Options for our terms of payment.
- 5.2 If you fail to make any payment on the due date then we reserve the right to: (a) cancel the Contract or suspend further deliveries to you; (b) charge you a reasonable amount of interest on the amount unpaid, at the rate of 3% above Barclays Bank Plc base rate from time to time from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.
- 5.3 In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company “Transax” or “Certegy Ltd”) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
- 6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
- 6.2 We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
- 6.3 We reserve the right to deliver your first order of Goods to the cardholder’s registered address, regardless of any alternative address that you may provide to us. Thereafter, we may attempt to deliver Goods to any such alternative address, but this will be at our discretion and we shall not be responsible to you provided we deliver the Goods to either the cardholder’s registered address or any alternative address. In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 90 days’ or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault than we may in our discretion refund the sum paid to us by you and cancel the Contract.
- 6.4 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
- 6.5 Please see our Delivery & Postage policy here for postage charges.
- 6.6 You will be liable for all customs requirements and duties arising for delivery of Goods outside the UK. We accept no responsibility for these requirements and duties. Any such charges must be borne by you and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. We shall not be liable for delayed delivery times due to packages being inspected by customs. You agree that if we incur any liability due to your failure to comply with custom requirements and duties by you that you shall reimburse us for against all loss, damages, costs and expenses awarded against or incurred by us in connection with such claim.
7. RISK AND PROPERTY
- 7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods. This means the Goods shall be your responsibility from this point.
- 7.2 Notwithstanding delivery and the passing of risk for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
- 7.3 Until such time as the as the property in the Goods passes to you and where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to return the Goods to us.
8. WARRANTIES AND LIABILITY
- 8.1 Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality, conform with the terms of this contract and fit for their normally intended purpose in all material respects.
- 8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureaux.
- 8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
- 8.4 In the unlikely event that the Goods do not conform to these Conditions, please let us know as soon as possible after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will then comply with our obligations under consumer law.
- 8.5 Subject to clause 8.6, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.
- 8.6 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, defective products under the Consumer Protection Act 1987 or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is
due to an act or cause beyond that party’s reasonable control. If an event outside our reasonable control takes place that affects the performance of our obligations under a Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event.
- 9.2 These Conditions do not purport to confer a benefit on any third party.
- 9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
- 9.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
- 9.5 Each paragraph of these Conditions operates separately. Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
- 9.6 The Contract and these Conditions shall be governed by the laws of England and Wales, and you agree to submit to the non-exclusive jurisdiction of the English courts.
- 9.7 We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
- 9.8 The copyright in all photographs, images and descriptions contained in our catalogue and on our website are owned by M and M Direct Limited, and may not be reproduced without the express consent of M and M Direct Limited.
- 9.9 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.
- 9.10 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10. YOUR RIGHT TO CANCEL
- 10.1 You have the right to cancel an order within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good within the relevant order.
- 10.2 To exercise the right to cancel, you must inform us by post to MandM Direct, Customer Services Department, Clinton Road, Leominster, Herefordshire, HR6 0SP. by email to email@example.com or by phone on 0371 200 5000 of your decision to cancel your order by a clear statement. You may use the below model cancellation form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
- 10.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- 10.4 Please note that the right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
MODEL CANCELLATION FORM
To M and M Direct Limited:
Address: Customer Services Department, Clinton Road, Leominster, Herefordshire, HR6 0SP
Email address: firstname.lastname@example.org
I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on / received on (delete as appropriate):
11. EFFECTS OF CANCELLATION
- 11.1 If you cancel any order, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (for example wear and tear or damage). You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
11.2 We will make the reimbursement without undue delay, and not later than
- (a) 14 days after the day we receive back from you any Goods supplied, or
- (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
- (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
- 11.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
- 11.4 You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the relevant order to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
- 11.5 You will have to bear the direct cost of returning the Goods.
12. PROMOTIONAL CODES
- 12.1 We may make available to you promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.
- 12.2 Promotional codes are not valid in conjunction with any other offer.
- 12.3 There is no cash alternative available in respect of the promotional code.
- 12.4 We may withdraw the promotional codes at any time without notice.
- 12.5 Promotional codes are only available on UK mainland orders.
- 12.6 Promotional codes cannot be used against postage and packaging costs.
- 12.7 Promotion codes cannot be used after the expiration date.
- 12.8 Promotional codes will only be accepted if submitted at the point of order. We will not subsequently apply a promotional code if the order is submitted without the promotional codes application. Please check your order thoroughly before placing to avoid disappointment.
- 12.9 The promotional code will be applied proportionally to the Goods. Any returns or refunds on Goods purchased with the benefit of the promotional code will be on the proportional price as indicated in the sales invoice.
- 12.10 Any promotional code offer shall be subject to the terms and conditions of such offer as notified by us to you at the time of providing such offer. These terms and conditions shall apply in addition to the above Conditions.
- 13.1 We may in our sole discretion offer competitions to you at such times and in such manners as we deem appropriate.
- 13.2 All prizes offered are non-transferable and cannot be substituted for a cash alternative.
- 13.3 There will be one entry per person, per residential address only unless otherwise stated. We may in our discretion deem duplicate entries void.
- 13.4 There will be only one winner per competition, drawn at random after the closing date unless otherwise stated.
- 13.5 Our decision as to the winner of the competition is final and no correspondence shall be entered into.
- 13.6 Winners will be notified by email. If we cannot make contact with the winner, or the winner does not claim the prize within  days thereafter, we reserve the right to select a new winner by random draw until we are able to contact a winner.
- 13.7 Prizes will be delivered to your nominated address at our expense. You shall inform us of all information necessary to ensure that the prize is delivered as soon as reasonably practicably.
- 13.8 Competitions are open to UK residents only
- 13.9 Employees, families and friends of M and M Direct Limited are not allowed entry.
- 13.10 Please read the terms and conditions of any competition carefully before taking part in the same.
14. INTRODUCE A FRIEND
- 14.1 You are responsible for ensuring you obtain your friends’ permission prior to you referring them as a friend. We will not accept any responsibility for an individual complaint in this regard following you submitting your friends’ details to us.
15. MANDMDIRECT VIP PREMIER
- 15.1 MandMDirect VIP Premier is only available to our UK mainland customers of M and M Direct Limited.
- 15.2 Express delivery is only available to mainland UK addresses in selected areas (further information available here) and is subject to our normal delivery terms.
- 15.3 Nominated email and billing address must be used on all purchases. Any promotional offers sent by email will need to be registered using the email address that the promotional offer was received on.
- 15.4 All returns must be made using the collect + prepaid label enclosed with your order. Returns service is only available on mainland UK in selected areas (please visit www.collectplus.co.uk to check your area).
- 15.5 The Collect+ service can be used for parcels weighing up to 10kgs and includes online tracking and up to £100 insurance. If the value of your items exceeds £100 we advise purchasing additional returns labels.
- 15.6 MandMDirect VIP Premier is only available to individuals acting as a consumer and will be cancelled if we deem abuse of service has taken place or the service is being used for commercial purchases.
- 15.7 We may terminate your MandMDirect VIP Premier membership at our discretion without notice.
- 15.8 If your email, billing address or postcode change, please email email@example.com otherwise your rights/benefits as a MandMDirect VIP Premier customer will not be applied to your order.
- 15.9 Right to cancel - You may cancel your subscription to MandM Direct VIP Premier at any time but you will only receive a refund if you have not used the service. To cancel please email firstname.lastname@example.org. If you cancel the service you will not be able to re-join the service within 12 months from date of termination or receive a free or discounted membership.
- 16.1 Multibuy promotions may be offered by us in our sole discretion. This offer entitles you to buy one get one free, or get the lowest priced item stated in the promotion free or the reduced price when you buy at least the minimum number of qualifying items in a single transaction. We reserve the right to amend or withdraw the promotion at any point without notice.
- 16.2 Multibuy promotions will not be available on permanently reduced items, sale items or brand concession items.
- 16.3 We reserve the right to withdraw or amend the promotion at any time.
- 16.4 No cash alternative will be given.
- 16.5 If you require an exchange or refund of the Goods then all qualifying items must be returned. The free or discounted item cannot be refunded for money or credit.
17. MY ACCOUNT
- 17.1 We reserve the right to reformat any address details created by you for the purposes of efficient delivery management and where we reasonably believe the address entered would cause a delay in the delivery of your order.
- 17.2 It is your responsibility to keep your email address and password details safe. Any orders placed using your stored card details (whether by you or any third party) will be treated as authorised by you and will be processed accordingly.
- 17.3 We reserve the right to suspend your account with immediate effect should we reasonably believe that you have breached our Terms and Conditions of sale and we shall be under no duty or obligation to justify or provide a reason for our decision.
18. CUSTOMER SERVICES
- 18.1 In the unlikely event of an error with your parcel, you must notify us with 48 hours of receipt of the parcel. If there is an error with your parcel or its contents, we will send you a letter for you to sign and return to confirm the error with your parcel or its contents, once this is received we will investigate the issue and resolve.
- 18.2 You must notify us within 14 days of placing your order if you have not received your parcel.