(Specifically
for orders originating from Internet sites)
1.0
INTERPRETATION.
In
these conditions the following words have the following meanings:-
"you" means the person(s), firm or company who orders
Products from Merlin
Industrial Products Ltd "Confirmation
of Order" means an e-mail sent by Merlin
Industrial Products Ltd
to your e-mail address as notified to Merlin
Industrial Products Ltd,
confirming the details of your order for Products. "Contract"
means any contract between Merlin
Industrial Products Ltd
and you for the sale and purchase of the Products, incorporating
these Conditions, excluding any contract for the delivery by Merlin
Industrial Products Ltd
to you of the Products. "Delivery Address" means the
address notified to Merlin
Industrial Products Ltd
for delivery of the Products in the section in websites headed
"Checkout" or via email. "Products" means any
products agreed in a Contract to be supplied to you by Merlin
Industrial Products Ltd
"Working
Day" means all days other than Saturdays, Sundays and public
holidays.
2.0
STATUTORY RIGHTS.
2.1
These conditions do not affect your statutory rights.
3.0
APPLICATION OF TERMS.
3.1
Each order for Products by you from Merlin
Industrial Products Ltd
is an offer by you to purchase Products subject to these
Conditions.
3.2 Your order is not binding on Merlin
Industrial Products Ltd
until Merlin
Industrial Products Ltd
accepts your order by sending a Confirmation of Order to you by
e-mail or (if earlier) delivers your order to you.
3.3 You are
responsible for ensuring that the terms of your order are complete
and accurate.
4.0
DESCRIPTION.
4.1
The description of the Products shall be as set out on the websites.
Where any Products are unavailable Merlin
Industrial Products Ltd
reserves the right to supply substitute products of an equivalent
quality and price to those displayed on this
website only after prior consultation with you.
DELIVERY.
5.1 Merlin Industrial Products Ltd shall deliver the Products to the Delivery Address by a service contracted for the purpose.
5.2 Merlin Industrial Products Ltd will dispatch the Products to you within a reasonable number of days of its sending you an acceptance of your order.
5.3 If Merlin Industrial Products Ltd are unable to dispatch your order within the time period referred to in Clause 5.2 above you may contact us and cancel the order. In that case Merlin Industrial Products Ltd will refund any money paid by you for the Products.
5.4 Merlin Industrial Products Ltd will not be liable for any loss, costs, damages, charges or expenses caused by any delay in the delivery of the Products.
5.5 If Products are lost before delivery Merlin Industrial Products Ltd liability shall be limited to replacing the Products within a reasonable time or issuing a refund. You must however notify Merlin Industrial Products Ltd if Products you have ordered have not been received within [30] days of your receipt of the Confirmation of Order.
DAMAGED PRODUCTS.
Merlin
Industrial Products Ltd must be advised
immediately or within 24 hours so that claims can be made against
the delivery services insurances.
6.0
RIGHT TO RETURN THE PRODUCTS.
6.1
You may cancel the entire Contract for any reason during the
seven-day period starting on the day after you or the person to whom
you have requested that the Products be sent receives the Products.
In these circumstances you can obtain a refund from Merlin
Industrial Products Ltd
equal to the amount of the price payable under the Contract
(together with any VAT thereon)(Subject to Clause 6.3). You may not cancel part of a
Contract.
6.2 If you exercise the right to cancel the Contract
set out in Clause 6.1 you are entitled to a refund from Merlin
Industrial Products Ltd
of all amounts that you have paid under the Contract (together with
any VAT thereon) within 30 days of the receipt by Merlin
Industrial Products Ltd
of the notice of cancellation.
6.3 You must return the Products
to Merlin
Industrial Products Ltd
at the address notified to you in the Confirmation of Order by
within [3] days of giving notice of cancellation to
Merlin
Industrial Products Ltd.
You are required to take reasonable care to ensure that the parcel,
containing the Products, is received by Merlin
Industrial Products Ltd.
You must pay the cost of returning the Products to Merlin
Industrial Products Ltd.
along with a 20% (Minimum £ 20.00) Handling charge to cover
restocking and paperwork amendments.
7.0
RISK.
7.1
The
goods shall be the Buyers risk as from delivery.
8.0
PRICE.
8.1
The price for the Products shall be the price set out on the Merlin
Industrial Products Ltd website
at the time when you place your order. If the Products are to be
delivered to an address on the English, Welsh or Scottish mainland
and the total value of your order (excluding VAT) is £150.00
or less, you may be required to pay an additional handling charge of
£15.00 in addition to the price for the Products. If the
Products are to be delivered to an address outside the United
Kingdom you are also required to pay an additional delivery charge
of an amount agreed between you and Merlin
Industrial Products Ltd
and set out in the Confirmation of Order.
8.2 If due to an error
the price shown on this website is wrong, we will
inform you of the current price and give you the opportunity to
cancel your order prior to delivery of the Products.
9.0
PAYMENT
9.1
Payment of the price for the Products is due with your order and
Merlin
Industrial Products Ltd
shall not be obliged to deliver any Products until the full price has
been paid. Where payment is made by cheque, payment shall be deemed
to be made when Merlin
Industrial Products Ltd
receives cleared funds for the payment.
10.0
QUALITY
10.1
Merlin
Industrial Products Ltd
warrants that upon delivery the Products will conform to the
description on the Merlin
Industrial Products Ltd
websites.
10.2 If any of the Products do not conform with any of
the warranty in Clause 10.1 ("Non Conforming Products")
then if you return the Non Conforming Products Merlin
Industrial Products Ltd
will replace the Non Conforming Products or refund the price
excluding any amount charged for delivery that you have paid for
them.
10.3 Nothing in this Clause 10 shall affect your statutory
rights.
11.0
DATA PROTECTION
11.1 Merlin
Industrial Products Ltd
will process all personal data that it collects about you in
accordance with the provisions of its Privacy Policy in force from
time to time. No information collected will be offered to any other
company under any circumstances.
12.0
THIRD PARTY RIGHTS
12.1
A person who is not a party to the Contract has no right under the
Contracts (Rights of Third Parties Act) 1999 to enforce any term of
the Contract but this does not effect any right or remedy of a third
party which exists or is available apart from that Act.
12.2 A
person who is not a party to the contract for delivery of the
Products has no right under the Contracts (Rights of Third Parties
Act) 1999 to enforce a term of the contract for the delivery of the
Products but this does not effect any right or remedy of a third
party which exists or is available apart from that Act.
13.0
LAW
13.1
The Contract between you and Merlin
Industrial Products Ltd
shall be governed by English law and subjective to the non-exclusive
jurisdiction of the English courts.