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Website Terms and conditions

 

TERMS AND CONDITIONS OF SUPPLY

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our websites www.parkinsgroup.co.uk and www.mstgroup.co.uk (our sites) to you.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

You should print a copy of these terms and conditions for future reference.

Information about us

Our sites are operated by Medland Sanders & Twose Limited (“we”).  We are registered in England and Wales under company number 00426623 and with our registered office at Blundells Road, Tiverton, Devon, EX16 4LA.  Our VAT number is: GB 125518230.

 

Service availability

Our sites are only intended for use by people resident in the UK.  If you are resident in the EU we will be happy to supply you at the prices shown but you need to contact us for a quotation for the delivery charges. We do not accept on‑line orders from individuals outside the UK. 

 

Your status

By placing an order through one of our sites, you warrant that:

You are legally capable of entering into binding contracts; and

You are at least 18 years old.

 

How the contract is formed between us

After placing an order, you will receive an automatic e-mail from us acknowledging that we have received your order and quoting the order number we assign to it. This email will arrive with you post payment. If you do not receive an email acknowledgement, please send a follow up email quoting your registration number here. Unless we contact you, your order will then be automatically dispatched and arrive with you within 3-5 working days.  The contract between us (Contract) will only be formed when you receive you confirmation email.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  Please quote your order number in all correspondence.

Consumer rights

If you are a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).  Working days are all days other than Saturdays, Sundays and public holidays.

 To cancel a Contract as a consumer, you must inform us in writing here within the 7 working days mentioned above. You must also return the Products to us immediately, as far as possible in the same condition in which you received them (including all packaging where possible).  When you inform us of the cancellation we will advise you of our preferred transport for the return but it will be at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Details of this statutory right, and an explanation of how to exercise it, are also provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.

 

Availability and delivery

 

Your order will be delivered and thus fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.  No orders are despatched until 3 working days have elapsed since the order placement.

You must inform us if the Product does not arrive within two weeks of the Despatch Confirmation or, if any, the date given for delivery.

Upon receipt you should check the Products as soon as possible and let us know here if there are any problems.  You must retain all packaging until you are satisfied with the Product.

 

Risk and title

 

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you on delivery provided we have received full payment of all sums due in respect of the Products, including delivery charges.

Please read all documents and manuals provided before attempting to make use of any Product.

 

Price and Payment

 

The price of any Products will be as quoted on our sites from time to time, except in cases of obvious error.

These prices exclude VAT (where applicable) and exclude delivery costs, which will be added to the total amount due. Delivery can be reviewed here.

Prices are liable to change at any time, but changes (except as set out below) will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our sites contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our sites may be incorrectly priced.  If we discover that a Product's correct price is higher than the price stated on our sites, we will normally, at our discretion, offer you the choice of accepting the correct price or cancelling the order.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by credit or debit card at the time of order.  If payment is not made, or your payment is reversed by your card supplier then we may suspend or cancel the order and any other outstanding orders or deliveries.

 

Refunds and returns policy

If you need to return a Product to us please contact us by phone (0800 699 0009) or by our contacts page here for instructions, quoting your order number and reasons for the return.  We will contact you with our instructions for the return. 

When you return a Product to us:

As a consumer you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.

 for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will repair it or replace it, at our option, or we will notify you of any refund due via e-mail within a reasonable period of time.  We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you to us because of a defect which we acknowledge will be refunded in full, including a refund of the delivery charges for sending the item to you.

 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

Our liabilty

 

We warrant to you that any Product purchased from us through our sites is of satisfactory quality, complies with all statutory and regulatory requirements of the UK and is reasonably fit for all the purposes for which products of the kind are commonly supplied. 

If you are a consumer, the terms of clause 10.1 do not affect your statutory rights and clause 10.3 does not apply to you.

Our liability for losses you suffer as a result of our breaking this agreement is strictly limited to the purchase price you have paid for the Product you purchased.

This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability,

Provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

We will not be held responsible for indirect losses which happen as a side effect of the main loss or damage for which we are held liable for, including but not limited to:

loss of income, revenue, profits, business or contracts

loss of anticipated savings or data or

waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

Written communiations

You agree that communications between us will be by email (or third party application) and that this constitutes, for legal purposes, ‘in writing’.  This condition does not affect your statutory rights.

 

Notices

All notices given by you to us must be given to Parkins Industrial Supplies (Part of Medland, Sanders and Twose LTD) here. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.  Notice will be deemed received and properly served immediately when posted on our websites, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

Transfer of rights and obligations

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

 

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control

 

Force majeure

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

Waiver

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.

 

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract (including any samples, drawings or illustrations) except as expressly stated in these terms and conditions.

Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes affecting our business. You will be subject to the policies and terms and conditions in force at the time that you order products from us.

 

Law & jurisdiction

Contracts for the purchase of Products through our sites and any dispute or claim arising will be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction.

 

Representation of brand and product.

We will at all times attempt to make sure that the product images and content we use to populate this site are true and respective of the item shown. However, at times supplementary images may be used, if specific product images and copy are unavailable. If at any time the product shown is different from the product that you will receive on purchase, all efforts will be made to make sure that you are informed of the changes.

 

Thank you for visiting our websites.

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