WE STRONGLY ADVISE YOU TO READ OUR TERMS AND CONDITIONS BEFORE CONFIRMING YOUR ORDER. BY CONFIRMING YOUR ORDER YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS AND YOU ALSO ACCEPT THAT YOU HAVE HAD AN OPPORTUNITY TO CHECK WITH US ON THE MEANING OF ANY TERMS YOU ARE NOT SURE ABOUT, WHICH YOU ARE WELCOME TO DO BY EMAIL.
DO NOT CONFIRM YOUR ORDER IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS.
1. The contract between you and us
These terms and conditions govern all transactions between you us for any sale by us to you. They do not affect or limit your statutory rights under UK Law, nor are they intended to.
These terms and conditions, together with the prices displayed on our web site, delivery details, contact details and any document expressly referred to in these terms and conditions, set out the whole of our agreement relating to any sale by us to you, whether you place your order through our website or in another way.
To buy from us using a credit or debit card, you must be at least 18 years of age.
When you place an order to purchase from the site, and we have approved your payment details, we will at our discretion accept your order. Our acceptance of your order creates a legally-binding contract between us ("your Contract"). We accept your order when we process your order, that is we raise an invoice to you for their cost.
We are under no obligation to accept your order.
2. Availability and Description of Products
All drawings, picture and descriptive material, specifications and advertising on our web site are for the sole purpose of giving an approximate description of the goods or services in order to assist your purchasing decision.
Everything advertised is strictly subject to availability. While we try to despatch the same day your order is received, this may not always be possible, but we will use our best endeavours.
3. Price, and cancellation by us
The price payable for goods or services will be stipulated on our web site at the time you place your order. We will contact you if we need to charge more for some reason and give you the option not to buy. If our price has dropped, we will charge you the new lower price.
The price is shown with and without VAT for your convenience.
Delivery charges are extra.
We reserve the right to cancel your order if:
we have insufficient stock to deliver the goods you have ordered in an acceptable time scale
one or more of the items ordered was listed at an incorrect price for whatever reason
your payment is refused, not authorised or declined by your credit card provider.
If we do cancel your order, we will notify you by e-mail and we will refund to your card what we charged. We are not obliged to offer any additional compensation for any disappointment suffered because we did not supply you.
4. Cancellation of the Contract by you
Before we despatch: you can cancel by email, by letter or by phone. If we’ve already charged your card but the consignment has not left us, we’ll refund your card immediately.
After we’ve despatched: you have a legal right to cancel your order within 14 days (10 working days) of placing it. You must notify us in writing (email is acceptable) and we will advise you that we are ready to receive the goods back. You must then return the goods within 14 days after they arrived, at your own expense, in the same condition that they arrived, including packaging, and in resaleable, unmarked, condition. We will refund yoru money as soon as we have the goods back and have inspected them. Our decision regarding the saleability of the returned items will be final.
5. Delivery of goods to you
We will deliver the goods ordered by you to the address you give us at the time you make your order.
If you have paid us by cheque, we may wait until the cheque clears before sending out your goods.
We always try to send your order out the same day we receive it for delivery next day, but we can't promise that we will be able to do this.
When we have passed your consignment to our carrier, there can be delays that we have no control over. We will do our utmost to resolve any problems, but we do not operate the carrier company and what we can do is limited.
Any dates we give you for delivery are only approximate and we accept no liability for any losses, costs, damages, charges, or expenses caused by any delay in delivering the goods to you, nor will delay constitute a reason for cancellation of the contract.
We accept no liability for any loss of use, loss of profit, loss of customers, or other direct or indirect loss you suffer as a result of late, damaged or non-delivery of items we despatch to you.
You will become the owner of the goods you have ordered once they have been delivered to your specified delivery address if we have received payment for them in full. Once the goods have been delivered we no longer have any responsibility for any loss or damage to the goods.
If we are unable to deliver the goods in the allotted time scale we will tell you and you can either agree a new delivery date or cancel the order with a full refund once the consignment arrives back with us.
Our Terms and Conditions take precedence over any purchaser’s Terms and Conditions. Our agreement to supply against a Purchaser’s Purchase Order shall not be taken as an acceptance of a Purchaser’s Terms and Conditions under any circumstances, notwithstanding any attempt by the Purchaser to impose its own Terms and Conditions in their Purchase Order or via any other Terms and Conditions referred to by the Purchaser or the Purchaser’s documentation..
If you are a business customer and we have agreed to despatch goods to you in advance of payment, payment is due on the date of despatch. MS Distribution does NOT offer extended credit facilities and this is a Term of our Supply which may not be varied by a customer's Terms of Supply.
6. Warranty
All products are warrantied against defects for 12 months from the date of invoice and always in accordance with the manufacturer's or supplier's guarantee and warranty conditions. Where product is manufactured or assembled by us, the warranty shall be for twelve months parts and labour from the date of invoice.
Unless otherwise stated, and subject to your statutory rights in respect of quality and fitness for purpose, we make no representations or warranties, either express or implied, of any kind with respect to products sold.
7. Liability
If you do not receive goods ordered within 7 days of the date on which you ordered them, you must notify us of the problem in writing at our contact address within 14 days of the date on which you ordered the goods.
If the goods we deliver are not what you ordered, or are damaged or defective before delivery, or the delivery is of an incorrect quantity, and provided that you have notified us accordingly within 7 days of delivery, our only obligation, at your option, will be:
· to make good any shortage or non-delivery; or
· to replace or repair any goods that are damaged or defective; or
· to refund to you the amount paid by you for the goods in question.
Please note that if you have not opened any package sent to you from us to check that the contents are complete and undamaged and you then sign for that delivery other than by adding the word 'damaged' by your signature (even if you believe it to be in perfect condition) you are accepting the package as complete and the contents undamaged and we accept no liability whatsoever for the condition of the package contents. This requirement stems from our carrier's insurers who accept no liability whatsoever unless the package is signed for as 'damaged' whether it is damaged or not.
Please note also that the first £30 of any damage is not covered by the carrier's insurance and we reserve the right to charge the first £30 of damage to you if a claim arises. Further information regarding the carrier's responsibilities and insurance claims are available from us and by placing an order with us you accept these conditions regarding delivery times, damage to packages and compensation for damaged goods.
To the extent permitted by law, we shall not be liable to you for any indirect or consequential loss or damage and we shall have no liability to you for any direct or consequential loss that is caused by any event or circumstance beyond our reasonable control which shall include, but not be limited to, acts of God, civil commotion, riots, flood, drought, fire, and legislation.
Nothing in these conditions is intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. General Conditions
Failure by us to enforce any of these terms and conditions will not affect our right to enforce any of the remaining terms and conditions.
If any of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you), the enforceability of any of the remaining terms and conditions shall not be affected.
The contract between us shall be governed by, and interpreted in accordance with, the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.
These terms and conditions are subject to change at any time without prior notice to you.
9. Title
Title in all goods supplied remains with us until payment has been received in full.
10. Returns
If you suspect that an item supplied is defective, you must tell us within 5 working days (email is preferable) and we’ll agree with you how best to return it to us. You must pay for the cost of sending the item back to us and you must pack it so it will arrive safely, complete with any accessories, etc that arrived with it, and in its original product packaging. If goods arrive damaged we will advise you and you must make your own arrangements for compensation with your deliverer. We will not examine any item that arrives damaged.
Because it is rare for electronic goods to be faulty, the returned item will be examined closely with particular reference to misuse, or failure to observe anti-static precautions.
If we agree that the item is defective we will arrange repair or replacement as quickly as possible.
If we find there to be no fault, or the item has been misused, we will advise you of this and any examination charge we may apply for the time spent determining the fault. It will then be up to you to arrange for the item to be collected, or to pay us for the expense of returning it to you.
Our judgement will be final regarding allegedly defective items.
11. Refund Policy
Refunds will only be given at our discretion.
Refunds for cancelled orders, incorrect orders or faulty goods will be refunded in full subject to the conditions in sections 4-7 above.
Where goods were correctly supplied according to your order, a restocking fee of 20% may be applied.
12. Wireless Products and 'Fitness for Purpose'
If you purchase wireless equipment from us following advice obtained from this website, or from us directly in some other way, you accept that our advice is based on best endeavours and our professional expertise and that our offer to supply according to our recommendations cannot constitute a 'fit for purpose' warranty under the Sale of Goods Act due to the number of variables unspecified by the purchaser regarding the location and use of the equipment after purchase. Supply is only made subject to acceptance of this condition by the purchaser. This clause does not attempt to limit our liability as regards fitness for purpose, but recognises that wireless communications in the frequency bands for which we supply equipment will vary considerably according to local conditions and what will work perfectly in one location, for example, may not work at all 2 metres further away due to local conditions that could not be specified or were not known at the time, and which would have influenced the recommendation to purchase we would have made had they been told to us at the time.
To minimise the risk of your purchasing equipment that does not perform as you or we would hope, Sale or Return arrangements are available at our discretion. Where there is any possible problem about suitability of equipment ('fitness for purpose'), intending purchasers should email sales@msdist.co.uk or telephone us to discuss sale or return arrangements prior to placing any order. If such arrangements are not made in advance of purchase, the purchaser accepts that fitness for purpose is being determined by the purchaser and not by us and that the purchaser is not entitled to return the equipment as 'unfit for the purpose' or not 'as described.' |
