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Moorland
Composites Ltd. Terms & Conditions of business
1. Preliminary.
The following are the terms and conditions which form
part of all contracts for the supply of any goods or
services purchased online via our website between Moorland
Composites Ltd (company number 04261645) whose registered
office is at New Street, Biddulph Moor, Stoke on Trent,
Staffordshire, ST8 7NL(the Company) and any customer
of the Company (the Buyer) By placing an order on the
Company via our website the Buyer agrees to be bound
by the following terms and conditions.
2. Our Contract.
The Company reserves the right to accept or to refuse
orders in our absolute discretion. When the Company
accepts an order from the buyer the Company will send
the buyer an E-mail confirming receipt of the order
and containing details of that order. (‘’confirmation
e-mail’’) The Buyer’s credit card
will be debited at this point. The Buyer’s order
represents an offer to the Company to purchase a product,
which is accepted by the Company when we send the confirmatory
e-mail.
3. Availability.
The goods supplied by the Company shall be described
elsewhere on this website. The Company endeavours to
hold stocks of all products listed for sale online,
and aims to dispatch all orders within 10 days of receipt
of an order. However, this is not guaranteed and the
Buyer should not rely upon such dispatch estimates.
Should the Company be unable to supply goods ordered
we shall contact the Buyer as soon as possible. The
Buyer has the right to cancel an order that has not
been dispatched within 20 working days. The buyer will
receive a refund in these instances. However, this excludes
instances where the Company is hindered or prevented
from making or delivering the goods, or otherwise performing
the contract with the buyer by reason of strikes, lockouts,
war, fire, accident, shortage of materials or fuel,
or any other cause whatsoever beyond the Company’s
control. In these instances the time for delivery shall
be extended until such cause shall have ceased to operate.
This clause shall not affect consumer ‘’cooling
off period’’ cancellation rights referred
to in clause 13 below.
4. Pricing.
Prices are listed against each product and confirmed
on the confirmatory e-mail that the Buyer is advised
by. Prices may be altered from time to time but are
accepted by the Buyer when the Buyer makes payment.
5. Trading area.
Moorland Composites Ltd online offer extends to UK
mainland and The Isle of Wight. Orders outside these
areas will not be accepted.
6. Technical advice.
At the request of the Buyer, but without being under
any obligation to do so, the Company may provide the
Buyer with technical advice with reference to the use
of the goods or materials the subject of any contract
with the Buyer. The Company will use all reasonable
endeavours to ensure that the advice provided is accurate,
however it shall not be liable to the Buyer for any
loss, damage or claims arising from such advice unless
such advice is fraudulent.
7. Liability.
The Company shall be under no liability for breakage
or resultant defects occurring after delivery of the
goods. If any goods show defects arising from faulty
material and/or workmanship, the Company’s liability
to the buyer shall be limited to crediting/refunding
or replacing such goods. The Company shall be responsible
for any losses the Buyer suffers as a result of the
supply of goods if the losses were reasonably foreseeable
to both the Company and the Buyer when entering into
the contract. The Company shall not be liable for any
indirect or consequential loss falling upon the Buyer
by reason of such defects or arising as a result of
the use by the Buyer of our website or the purchase
of goods by the Buyer from the Company or otherwise
howsoever which was not reasonably foreseeable to both
the Company and the Buyer. The Company shall not be
liable for any business loss including loss of profit,
revenue contracts, anticipated savings, goodwill or
wasted expenditure. The Company does not limit in any
way its liability by law for death or personal injury
caused by its negligence or breach of duty for fraud
on the part of its directors or employees acting in
the course of their employment.
8. Electronic communications.
The Buyer consents to receive communications from the
Company electronically, and agrees that all agreements,
notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirements
that such communications be in writing.
9. Alteration of services or amendments to these conditions.
The Company reserves the right to change our website,
policies and these terms and condition of business.
The Buyer will be subject to the terms and conditions
of business that are in force at the time that the Buyer
uses our website or places an order online with the
Company, unless and changes to those policies or these
conditions is required to be made by law or governing
authority (in which case it will apply to orders previously
placed by you). If any of these conditions is deemed
invalid, void or unenforceable at Law, then that condition
will be deemed severable and will not affect the validity
and enforceability of any remaining conditions.
10. Waiver.
The rights of the Company shall not be prejudiced or
restricted by any indulgence or forbearance by the Company
extended to the Buyer and no waiver by the Company of
a breach of these conditions by the Buyer shall be considered
as a waiver of any subsequent breach of the same or
any other provision.
11. Governing Law and jurisdiction.
These terms and conditions are governed by and construed
in accordance with the laws of England and Wales. The
Buyer and the Company agree to submit to the non-exclusive
jurisdiction of the English courts in connection with
any contract entered into between the Company and the
Buyer.
12. Return of goods.
The Company operates the following procedure which
is without prejudice to consumer rights of cancellation
in clause 13 below:
The goods are received by the Buyer but are damaged.
The Buyer must report damaged goods to the Company within
2 working days of receipt of the goods. The Company
will upon receiving such a complaint within the stated
period send replacement goods by the same carriage method.
The Company will at its discretion collect the damaged
goods or request that the Buyer disposes of them.
The goods are received by the Buyer in good condition
but are incorrect. (Buyer’s error) The Buyer must
report the error to the Company within 2 working days.
The Buyer will be required to return the goods at the
Buyer’s expense to the Company. Upon return of
the goods to the Company in good and saleable condition
the Company will refund the Buyer for the returned goods.
Goods returned damaged will not be refunded. The Buyer
can re-order the correct goods online.
The goods are received by the Buyer in good condition
but are incorrect (Company’s error) The Buyer
must report the error within 2 working days. The Company
will arrange collection of the goods from the Buyer,
and upon return will refund the buyer for the collected
goods. The buyer can re-order the correct goods online.
The Company shall not accept the return of goods, which
have suffered any misuse or damage by the Buyer.
13. Cooling off period.
Please note that this cooling off period does not
apply to business customers.
By law, the Buyer also has the right to cancels its
order for any goods ordered via our website within 7
working days of the goods were delivered to the Buyer.
Should the Buyer wish to cancel its order under the
cooling off period the Buyer should contact the Company
at sales@mitrascomposites.co.uk quoting your order number
and stating that you wish to cancel your order. Please
package the goods in question securely and send them
back to us so that we receive them within 7 working
days of the date on which the goods were delivered to
you. If the Buyer does cancel its order but does not
return the goods, the Company may arrange to collect
the goods from the Buyer at the Buyer’s cost.
Subject to the Company receiving the goods in a good
and saleable condition the Company shall reimburse the
buyer with the purchase price of the goods and the original
packing and delivery charges under the order within
30 days of receiving the Buyer’s notice of cancellation.
The refund will be exclusive of the return delivery
charge unless the goods are faulty or there is an error
in the order by the Company.
14. Statutory rights.
If the Buyer is a ‘’consumer’’
within the meaning of UK consumer protection law these
conditions do not affect you statutory rights.
15. Privacy statement.
We are committed to protecting your privacy and please
see our privacy statement (click on ordering page) which
governs our use of personal information supplied by
you on our website.
These terms and conditions relate specifically to online
trading with Moorland Composites Ltd and products and
services offered for sale online by the Company.
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