These Conditions of Supply may have changed since You last visited the site, so please read through them. This site has been designed to be directed at, and accessible by, consumers on the UK mainland. If You do not fall within this category then please e-mail Us and We will confirm any revised Conditions of Supply that will apply. However, We will assume that Your local laws, if applicable, do not prevent the sale.
In these conditions:
"Us", "We" means Midland Canal Centre Ltd of the address referred to in Our Contact Section of this site and "Our" shall be interpreted accordingly.
"You" means Our customer detailed on Your order which We have accepted and "Your" shall be interpreted accordingly.
"Contract" means any contract for the sale of Goods by Us to You.
"Goods" means any goods forming the subject of this contract including ancillary parts supplied with them.
"Business Day" means any day other than Saturday, Sunday or a Public Holiday in England.
"Writing" includes e-mail, cable, facsimile transmission and comparable means of communication.
2.1 No Contract shall come into existence until Your order (however given) is accepted by the earliest of:
2.1.1 Our written acceptance;
2.1.2 delivery of the Goods;
2.1.3 Our invoice.
2.2 These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by You.
2.3 No variation or amendment of the Contract or oral promise, advice, recommendation or commitment related to it shall be valid unless confirmed in Writing and issued by or on behalf of both parties.
2.4 All contracts shall be subject to a) the availability of the Goods, b) methods to effect delivery as intended and c) to there being no errors either on Our site or within the order details. If any of these apply, We will e-mail You and You will have the opportunity to withdraw or alter Your order. Relevant payments received will be refunded.
3.1 The quoted prices for the Goods or Services include VAT and other taxes or duties which are then known to be payable in addition for UK sales. If there are changes to the VAT or other taxes or duties in the time before We accept Your order then We will notify You of such in writing and You will be able to either confirm the order or withdraw it with a full refund. Carriage costs are indicated separately in certain circumstances.
3.2 All refunds, for any reason, will be made only in £Sterling.
3.3 Our prices, unless otherwise stated, are valid only while displayed on Our site.
4.1 All invoices are payable without discount of any kind and free of all payment charges in pounds sterling by credit card through a secure server or by post at Our premises (as stated in the "Contact" section of Our site) with Your order.
5.1 In the unlikely event of a problem please contact Our Customer Care Manager using the contact details on Our site and quoting Your details and order number.
6.1 The Goods are delivered to You when We or our agents make them available to You or if earlier, on them being signed for by anyone at the delivery address which We have agreed.
6.2 Risk in the Goods passes when they are delivered to You
6.3 Normally goods will be despatched within 7 Days after Our acceptance of Your order. We would then expect them to arrive at their UK mainland destination within 4 Business Days of despatch though in any event within 30 days of Your order unless a different lead time is indicated on our site for the relevant Goods.
6.4 WE SHALL NOT BE LIABLE FOR ANY PENALTY, LOSS, INJURY, DAMAGE OR EXPENSE ARISING FROM ANY DELAY OR FAILURE IN DELIVERY OR PERFORMANCE FROM ANY CAUSE OUTSIDE OUR REASONABLE CONTROL. If there is likely to be an extended delay then We will inform You and give You an opportunity to cancel with a full refund.
7.1 If, for any reason, You are unhappy with the Goods ordered then You have the right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 ("the Distance Selling Regulations") as amended from time to time. That right is included in the following summary:
7.1.1 To cancel before the Goods are despatched please contact Us in writing, ideally by e-mail, as soon as possible and we will refund the price paid.
7.1.2 To cancel either after despatch or within the 7 Business Days after You have actually received the Goods, contact Us in writing, ideally by e-mail, as soon as possible and return the Goods to Us in their original packaging carriage paid (taking reasonable care of such before and in transit) and We will refund You the price.
7.1.3 If You have received Goods which have been damaged in transit or are faulty then please notify Us, ideally by e-mail, within 7 Business Days of delivery and then return the Goods to Us at Our cost for replacement or alternatively refund.
7.2 Due to the constraints of Your PC and Our photographic techniques, there may be some variation in the precise colouration of Goods in daylight as opposed to representation on Our site. Generally sizes and measurements stated on the site are approximate. Other than product pricing and contractual information, all other information on Our site is for information purposes only and should not be relied upon either on a commercial or personal basis. WE CANNOT BE HELD RESPONSIBLE FOR LOSS ARISING OUT OF SUCH RELIANCE.
7.3 Our product range is constantly being updated and if You do require a product which is not available at the time of placing Your order, We will contact You with details for back ordering the item and the timescale involved. You then have the right to withdraw amend or confirm the order.
8.1We shall have no liability to You for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on Our part or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except:
8.1.1 for death or personal injury resulting from Our negligence, and
8.1.2 as expressly stated in these conditions but if You are not a consumer, in no circumstances shall Our liability to You under this condition exceed the higher of the price paid for the Goods and any relevant insurance cover that We hold for these circumstances; and
8.1.3 if You are a consumer then in accordance with Your Statutory Rights.
8.2 The delivery of and relevant cancellation rights concerning any repaired or replacement Goods shall be as for the original Goods. If We supply substitute Goods due to a lack of stock then We would pay the cost of carriage to return unwanted substitutes on Your cancellation unless you have confirmed or re-issued your order for the substitute Goods.
8.3 Where We are liable in accordance with these conditions in respect of only some or part of the Goods the Contract shall remain in full force and effect as to the rest of the Goods and no set-off or other claim shall be made by You against or as to such remainder.
9.1 We may sub-contract or assign the performance of the Contract in whole or in part.
9.2 You shall not assign the Contract.
9.3 We may, at Our discretion, suspend or terminate the supply of any Goods if You fail to make any due payment or otherwise default in any of Your obligations under the Contract or any other arrangement with Us or We, bona fide, suspect fraud.
9.4 No waiver by Us of any breach of the Contract by You should be considered as a waiver of any subsequent breach of the same or any other provision.
9.5 If any provision of the Contract is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the rest of that and all other provisions of such shall not be affected.
10.1 Orders from outside the UK mainland will be acknowledged with details of proposed delivery schedules and pricing given any different cost of shipping/carriage/tax/duty. You will then be invited to re-confirm Your order on that basis. Should You not re-confirm within 7 Business Days, the order will lapse and any relevant payment will be refunded to You.
11.1 The Contract shall be governed by English law.
11.2 You hereby consent to the jurisdiction of the English Courts in all matters regarding it.
12.3 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
12.4 Notices under this Contract shall be given in Writing in accordance with the Distance Selling Regulations (even if You are not a consumer)