1. THESE TERMS
1.1 What is covered by these terms. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you proceed in submitting your order to us. These terms tell you who we are, how we will provide the products to you, the customer, how either of us may change or end the contract, how to proceed should a problem arise and other important information. If you think that there is a mistake in these terms, please contact us to inform and discuss with us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are MK Warehousing LTD a company registered in the United Kingdom. Our company registration number is 04791837 and our registered office is at Rash’s Green, Dereham, Norfolk, NR19 1JG.
2.2 How to contact us. You can contact us by either using the contact form, emailing us at [email protected] or calling us at 01362 697700.
2.3 How we may contact you. If we have to contact you we will do so by telephone, writing to you at the email address you provided to us in your order or by writing to you at the email address you contacted us at if an order has not been made .
2.4 Our response times. We aim to respond to all emails within 24 hours of receipt.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this refers to emails.
3. OUR CONTRACT WITH YOU
3.1 Your order. Your order is an offer to buy the products. When you place an order to purchase a product from us we will send you a message confirming receipt of your order. Our order confirmation does not confirm acceptance of your offer to buy the products.
3.2 How we will accept your order. Our acceptance of your order will take place when the product is dispatched to you and we email you to confirm dispatch, at which point a contract will then exist between you and us. If your order is dispatched in more than one delivery, you may receive a separate confirmation for each delivery, and each dispatch confirmation and corresponding dispatch will conclude a separate contract of sale between us for the products specified in that dispatch confirmation.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will refund you for the product. This may include but is not limited to the product being out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Availability of products. We make every effort to ensure all products are accurately described and available for dispatch within the stated time frame on our website. Should for any reason an error occur or a product be unavailable we will contact you as soon as possible via email with the option of either reconfirming your order with the correct details or cancelling your order. Should you wish to cancel a full refund of any amount paid will be issued.
3.5 Your order number. You will be assigned an order number to your order and we will tell you what it is in an order confirmation email when we accept your order. Providing this to us when contacting us for any reason will make things much easier for us.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a product’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from the images seen on our website.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Fitness and exercise related products. For all fitness and exercise related products we advise customers to seek professional medical advice before use to minimise the risk of injury. Always consult your doctor before using any fitness or exercise product.
4.4 Guidelines and instructions. Some of our products are sold subject to guidelines and instructions (some of our guidelines and instructions are available of the point of checkout and in product manuals). It is your responsibility to ensure that all users of the products are fully aware of all product guidelines and instructions before using the products.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 Delivery. We aim to deliver the products to you as soon as reasonably possible. All orders are shipped with the aim of delivery on the next working day where this is possible.
7.3 Next day delivery. Please note our cut off time for next day delivery is 13:00 GMT. Next day delivery means next working day so if you order on a Friday by 13:00 GMT the order should arrive the following Monday. This offer extends to the UK mainland only but cannot be offered for all products and/or to all postcodes.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 Lost or delayed products. Once dispatched, orders usually arrive within the time frame stated on the shipping page. In the case of a lost or delayed product we need to wait at least 14 working days after dispatch before a replacement or refund can be issued.
7.6 Delivery address. The products you order will be delivered to the address you give when you place your order. If you place an order and later discover that the address you supplied at time of purchase was incorrect, it will be your responsibility to locate the delivery. We will only resend the order once the original order has been returned to us.
7.7 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave a note informing you of how to rearrange delivery or collect the products from a local depot. If for any reason no note is left, please do not hesitate to contact us.
7.8 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.9 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
7.9.1 we have refused to deliver the products;
7.9.2 delivery has taken longer than 30 calendar days;
7.9.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products. If the products have been delivered to you, you must either return them in person to where you bought them or post them back to us. Please contact us about this process.
7.11 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us or a delivery depot for you to collect.
7.12 When you own products. You own a product once we have received payment in full.
7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.13.1 deal with technical problems or make minor technical changes;
7.13.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.13.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product.
7.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.5) and you still do not make payment within one day of us reminding you that payment is due, we may cancel your order without further notice. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended.
7.17 Collection or swaps. If we arrange a collection or swap out with you we will have no liability to you in the event the courier is delayed or fails to arrive.
7.18 Delivery to a remote location. If you live in a remote location such as the Scottish Highlands, offshore islands or Northern Ireland, we may levy a surcharge to cover the extra carriage to these areas. Should this be the case we will contact you with the option of either paying the surcharge or cancelling the order.
7.19 Badly damaged or opened deliveries. If the courier asks you to sign for the products then please check their condition. If the product or packaging has been badly damaged or opened you must make a note of this with the courier when signing. Do not reject the products – you must sign for them and then notify us of any problems. If the product or packaging is damaged you must send us photographic evidence.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or incorrectly described you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any product;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.2.1 to clause 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two months; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.10).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
8.4 When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.4.2 any products which become mixed inseparably with other items after their delivery; or
8.4.3 any products specifically made to your specifications or that are clearly personalised.
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1 and clause 8.4), you can still end the contract, but you may have to pay us compensation. If you want to end a contract where we are not at fault and you do not have a right to change your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) 25% of the price of the products as compensation for the net costs we will incur as a result of your doing so.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call or email us. (Please provide your name, home address, details of the order and, where available, your phone number and email address).
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products in person to where you bought them, post them back to us at MK Warehousing LTD, Alpha Delta House, Unit 1-1a, Rash’s Green, Dereham, Norfolk, NR19 1JG or (if they are not suitable for posting) allow us to collect them from you. Please contact us for further information in regards to this. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or incorrectly described; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop. Please contact us for information about what handling is acceptable. If we refund you the price paid before we can inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1 If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you 25% of the price of the products as compensation for the net costs we will incur as a result of your doing so.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible before stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
11.3 Pre-paid return labels. In the case where an item has arrived damaged, faulty or incorrect we may provide a pre-paid return label. In this case the pre-paid label must be used. If you send your products back using an alternative method we will not be responsible for the costs incurred in doing so. Please contact us for more information regarding this.
11.4 Products must be returned with all original components. Unless otherwise agreed in writing, products must be returned with all original components. If a product arrives back to us with missing parts and it cannot be proved that all parts were sent back to us, we may deduct or charge you an appropriate amount to cover the cost of the missing parts.
11.5 Any items are returned at your own risk. We strongly advise you to take care when returning items to us for example, by ensuring the products are correctly addressed and adequately packaged. Items that arrive back damaged or destroyed as a result of poor packaging will result in a deduction from any refund issued.
11.6.Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please contact us regarding this.
11.7.If you end the contract with us because the product you bought is faulty. Our refund will be issued once the product has been received back and verified by us as faulty.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order.
12.2 Promotions. Only one offer or promotion can be used per transaction.
12.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will contact you regarding this. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an incorrect pricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.5 When you must pay and how you must pay. We accept payment via the methods set out at the point of checkout. You must pay for the products at the same time you submit an order for them.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We shall have no liability for labour charges. We shall have no liability for labour charges incurred during the fitment or removal of any supplied products, whether faulty or not. We strongly recommend that you do not book in for work until parts have arrived and are verified as correct by a professional.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the products to you;
14.1.2 to process your payment for the products; and
14.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may pass your personal information to third parties. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do. We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.