Online Terms of Supply
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
- 1.1.1 Event Outside Our Control: is defined in clause 9.2;
- 1.1.2 Goods: the goods that We are selling to you as set out in the Order;
- 1.1.3 Order: your order for the Goods;
- 1.1.4 Terms: the terms and conditions set out in this document;
- .1.5 We/Our/Us: Rochford Garden Machinery Limited, with the registered company number 02311359 of Wincanton Business Park, Wincanton, Somerset, BA9 9RS; and
- 1.1.6 Website/Site: the website found at the URL www.mitox.co.uk.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We specify otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake, please contact Us to discuss.
2.3 When you submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, we will inform you of this and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order Which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We may assign an order number to the Order and inform you of it when We confirm the Order. If we inform you of an order number, please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 The images of the Goods on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour(s) of the Goods. Your Goods may vary slightly from those images. Although We make every effort to be as accurate as possible, because of the constant
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
- 3.1.1 changes in how We accept payment from you; and/or
- 3.1.2 changes in relevant laws and regulatory requirements.
- 3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
4.DELIVERY OF GOODS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please see for details of delivery options and estimated timescales for delivery.
4.2 Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Our responsibilities when this happens.
4.3 Delivery of an Order shall be completed when We deliver the Goods to the address you have provided to Us.
4.4 A signature may be required to accept delivery. If this is not possible, you will need to liaise with the relevant third party delivery provider to arrange re-delivery or collection. The third party delivery provider may charge an additional fee for re delivery.
4.5 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.6 The Goods will be your responsibility from the completion of delivery.
4.7 You own the Goods Once We have received payment in full for the Goods and they have been delivered and, if applicable, any and all other outstanding sums owned by you to Us, for any reason, have been paid in full.
5. IF THE GOODS ARE FAULTY
If you are placing an Order as a consumer in the UK, you have legal rights in relation to Goods that are faulty or not as described. If you are based in the UK, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. SELLER'S GUARANTEE OF GOODS
6.1 We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 6.2.
6.2 This guarantee does not apply to any defect in the Goods arising from:
- 6.2.1 fair wear and tear;
- 6.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- 6.2.3 if you fail to operate or use the Goods in accordance with the user instructions provided with the product;
- 6.2.4 any alteration or repair by you or by a third party; and
- 6.2.5 any specification provided by you.
6.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. If you are based in the UK, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. PRICE AND PAYMENT
7.1 The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
7.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
7.3 The prices for the Goods exclude delivery costs, which will be added to the total amount due as indicated on Our Website.
7.4 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our dispatch procedures so that, where the Goods' correct price is less than Our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our Site, we will contact you to tell you and ask for your instructions. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
7.5 If you are a consumer where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card. We accept payment with MasterCard and Visa. We will not charge your credit or debit card until We accept your Order. If We cannot take payment at the time of Acceptance of your Order, then We shall be entitled to cancel the Order without any liability to you.
7.6 You warrant that you are authorised to use the credit card or debit card account used in accordance with clause 10.3.4 and that there are sufficient funds or credit available to purchase the Goods.
7.7 We may from time to time offer promotional discount codes. To benefit from a related promotion, the relevant discount code must be input when placing your Order. Only one such code can be used per Order.
7.8 Payments made by credit card will be surcharged by 1%.
7.9 You may only purchase Goods as a consumer, not as a business. You may not purchase Goods for the purpose of reselling those Goods, whether online or otherwise.
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time We entered into this contract.
8.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
8.3 We do not exclude or limit in any way Our liability for:
- 8.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- 8.3.2 fraud or fraudulent misrepresentation;
- 8.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 8.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 8.3.5 (if you are placing an Order in your capacity as a consumer), defective products under the Consumer Protection Act 1987.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, public holidays, exceptional demand for Goods, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
9.3.1 We will contact you as soon as reasonably possible to notify you; and
9.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10.We will only cancel the contract if the Event Outside Our Control continues for longer than 8 weeks in accordance with Our cancellation rights in clause 10.
10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- 10.1.1 You may cancel any Order for Goods by contacting Us. We will confirm your cancellation in writing to you.
- 10.1.2 If you cancel an Order under clause 10.1.1 and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you.
10.2 If you are a consumer based in the UK, you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep any Goods, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract under these Regulations is available from your local Citizens’ Advice bureau or Trading Standards Office.
10.3 If you are a consumer in the UK:
- 10.3.1 Your legal right to cancel a contract starts from the date We accept the contract in accordance with clause 2.4. If the Goods have already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
- 10.3.2 To cancel a contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail or, if your cancellation is sent by mail, it is effective from the date you posted the letter to us.
- 10.3.3 You will receive a full refund of the price you paid for the Goods, excluding delivery costs. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause10.3.2. If you returned the Goods to us because they were faulty or mis-described, please see clause 10.3.4.
- 10.3.4 If you have returned the Goods to us under this clause 10 because they are faulty or mis-described, we will refund the price of defective Goods in full. We will refund any applicable delivery charges and any reasonable costs you incur in returning the item to us.
- 10.3.5 We will only refund you on the credit card or debit card account used by you to pay.
10.4 If the Goods were delivered to you:
- 10.4.1 you must return the Goods to us as soon as reasonably practicable;
- 10.4.2 unless the Goods are faulty or not as described (in this case, see clause 10.3.4), you will be responsible for the cost of returning the Goods to us;
- 10.4.3 you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession. We reserve the right to inspect the Goods returned in accordance with this clause to ensure that you have taken reasonable care of the same and that the same is complete and to take action against you if you have not taken reasonable care of the Goods nor returned the same to us complete.
11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 If We have to cancel an Order for Goods before the Goods are delivered:
11.2 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
11.3 If We have to cancel an Order under clause 16.1 and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you.
11.4 Where We have already started work providing services in connection with the production of Goods by the time We have to cancel under clause 16.1, We will not charge you anything and you will not have to make any payment to Us.
12. INFORMATION ABOUT US AND HOW TO CONTACT US
12.1 We are a limited company in England and Wales, registered company number 02311359 Our address is Wincanton Business Park, Wincanton, Somerset, BA9 9RS. Our registered VAT number is GB 692 5774 86.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us at 01963 828055 or by e-mailing Us at email@example.com.
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail or by pre-paid post to Rochford Garden Machinery at Wincanton Business Park, Wincanton, Somerset, BA9 9RS. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
14.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4.3 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, we will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.4 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.