TERMS AND CONDITIONS
Please read all the terms and conditions detailed below. As once an order has been accepted from a customer it becomes a legally enforceable agreement, without us having any further reference to the customer. It is therefore important that the terms are understood fully, do not hesitate to contact us on 01566 880084 if you wish any further clarification on this.
- These Terms and Conditions will apply to purchase of the goods you (the Customer or you). We are M&M Plant (Devon & Cornwall) Ltd a company registered in England and Wales under number 5841514 whose registered office is Trethorne, Kennards House, Launceston, Cornwall, PL15 8QE with email address firstname.lastname@example.org, telephone number 01566 880084 (the supplier or us or we)
- These are the Terms on which we sell all Goods to you. By ordering any of the Goods you are to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods.
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.
- Goods mean any goods that we supply to you, of the number and description as set out in the order.
- Order means the Customer’s order for the Goods from the Supplier as set out.
- The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for is for illustrative purposes only and there may be small discrepancies in colour or size.
- In the case of Goods made to your special requirements it is your responsibility to ensure any information you provide is accurate.
Basis of Sale
- The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Goods ordered, only upon or if earlier, the Supplier’s delivery of the Goods to the Customer.
- Any quotation is valid for a maximum period of 14 days from its date, unless we are expressly withdraw it at an earlier time.
- No variation to the Contract, whether about description of the Goods, price or otherwise , can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Suppliers and the Customers simultaneous physical presence away from the premises, or (ii) made immediately after the Customer was personally and individually addressed in the Suppliers and the Customers simultaneous physical presence away from those premises. If this is not the case you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises mean immovable retail premises where we carry on business on a permanent basis or, in the case of moveable rental premises, on a usual basis
Price and Payment
- The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is set out in our price list current at the date we accepted the Order or such other price as we may agree in writing
- Prices and charges include VAT at the rate applicable at the time of the Order
- Payment for goods must be made at least 1 day in advance of delivery. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods
- We will delivery the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without delay and, in any event, not more than 30 days after the Contract was entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) trust the Contract at an end if
- We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
- After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this , we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If however, we accept and Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them
- The Goods will become your responsibility from the completion of the delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them
Risk and Title
- Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation;
- Upon delivery, the Goods will:
- be of satisfactory quality,
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract you made, you made know to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract, and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will provide the following after-sales service:
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
- The party will advise the other party as soon as reasonably practicable, and
- The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights to delivery.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46EC (Data Protection Directive) or the GDPR
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016 679
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR
- We are a Data Controller of the Personal Data we Process providing the Goods to you
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collection Personal Data, we will identify the purpose for which the information is being collected
- we will only Process Personal Data for the purposes identified
- we will respect your rights in relation to your Personal Data, and
- we will implement technical and organisational measures to ensure your Personal Data is secure
- For any enquiries or complaints regarding data privacy, you can contact the Data Protection Officer at the following e-mail address email@example.com
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Suppliers other legal obligations. Subject to this, the Supplier is not liable for (ii) loss (e.g. loss of profit) to the Customers business, trade, craft of profession which would not eb suffered by a Consumer because the Supplier believe the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) are governed by the law of England and Wales
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland and Northern Ireland
- We try to avoid any dispute, so we deal with complaints as follows:
- (i) put in writing your dispute or complaint to the business address. M & M Plant (Devon & Cornwall) Ltd, Trethorne, Kennards House, Launceston, Cornwall, PL15 8QE
- (ii) put in writing your dispute or complaint to firstname.lastname@example.org