Retail / Consumer Terms & Conditions
MGC DISTANCE SELLING terms and conditions: goods to consumers
Trading terms and conditions of Mould Growth Consultants Ltd
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: Paul Munnion, Managing Director, Mould Growth Consultants Ltd
Our address is: Unit A3 Longmead Business Centre, Blenheim Road, Epsom KT19 9QQ
You are: a visitor to Our Website / our customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall dispatch your order.]
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.5 Unfortunately, we cannot guarantee that Goods advertised on our website are available.
2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
2.8 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than  days from the date of cancellation of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4 Price and Payment
4.1 Cheque and card payments only. We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us.
4.3 Prices include UK value added tax.
5.1 We will aim to process your order for despatch to you between 3-5 working days of confirming acceptance of your order. Consequently, even if you cancel your order shortly after placing it, it is possible that we may be unable to prevent goods you have ordered being despatched to you and you may then need to return them to us at your cost.
5.2 When you order your goods we will wherever possible give you an indication of the day of delivery, normally 3-5 working days after confirming acceptance of your order.
5.3 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.4 While a delivery date will be prearranged with you please remember that it is generally not possible to contact the delivery driver once he has left the depot. As a signature is required on delivery, if you will not be at home to take the delivery, a signed note instructing the driver where to leave the goods is acceptable. Otherwise a re-delivery charge will be incurred.
5.5 We aim to deliver smaller goods and materials that do not contain liquid, paints or treatments by Royal Mail, normally within 5 working days. If we anticipate a delay of more than 14 days we will contact you to see whether you are prepared to wait.
5.6 Products containing liquid materials will be delivered by carrier to the address stipulated on your order. The normal delivery time for these is approximately 3-5 working days.
5.7 Where we have tried to deliver on the date contained in our delivery confirmation and we were not previously advised by you that this date is inconvenient or that other arrangements have been made to accept delivery, we will again notify you to try to arrange a re-delivery date convenient to you which will be subject to a re-delivery charge. If we have been unable to contact you after 14 days from the first time we attempted delivery, we will cancel your order and return money paid for the goods. We will retain any charge we made for delivery.
5.8 If we ourselves are not able to deliver your Goods within 7 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.
5.9 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
5.10 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
5.11 We will send you a message by durable medium i.e. email, letter, fax etc. to tell you when we have despatched your order.
6 Cancellation of order
6.1 If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
6.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website.
6.3 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
6.4 If you cancel after we have despatched the Goods, you must return to us any Goods that have been delivered to you. These must not have been used and must be returned in their original, undamaged packaging. We will (at your option) exchange the Goods or refund you the amount paid for the Goods only and not the delivery charges (we retain the right to remove the delivery charges from the full amount of the Order). If you are only returning part of the order, then we are not obliged to repay any of the delivery charge
6.5 To exercise your right of cancellation, you must give written notice to us by hand, post, fax or email at the address, fax number or email address shown at the end of these Terms giving details of the goods ordered and where appropriate their delivery. The goods must be returned to us if you cancel the contract.
6.6 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to us at your own cost. The Goods must be returned to our address shown at the end of these Terms. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. Paint, sealant and adhesive must be stored above 5° Celsius and protected from frost and freezing conditions. If the Goods are damaged (or have been modified) by you or are damaged in transit in a way that you could have foreseen (such as not being sent back in the same or similar packaging as sent to you), we will assess what damage has been caused and if some or all of the goods are not in saleable condition then those goods will be rejected and a proportionate part of the refund withheld.
6.7 Once you have notified us that you are cancelling the order, we will refund or credit you within 30 days for any sum that has been paid by you or debited from your credit card for the Goods.
6.8 If you do not return the Goods as required under Clause 6.5, we may charge you a sum not exceeding our direct costs of recovering the Goods.
6.9 If you cancel your order after we have despatched the Goods, you must return them to us within 14 days in the same condition in which you received them. We cannot refund your money if the Goods have been used or damaged.
6.10 You are responsible for the cost of returning them.
6.11 To assist us in identifying your Goods on receipt by us, we ask you to telephone [020 8337 0731] for a returns reference to be placed below our address / returns label.
6.12 If you need us to collect the goods or an item from you we will charge you the cost of collection
6.13 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
6.14 This paragraph does not affect your rights in the event that the Goods are faulty.
7 Foreign taxes, duties and import restrictions
7.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8 Goods returned
8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
8.1.1 exactly what is the fault;
8.1.2 the date, if relevant, when the fault became apparent;
8.1.3 when and how you discovered the fault;
8.1.4 how the fault affected your use of the Goods;
9.1 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
9.2 You must tell us by email message to [email@example.com] or by letter to our land address at the top of this agreement, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
9.3 The Goods must be returned to us as soon as any defect is discovered.
9.4 So far as possible, Goods should be returned:
9.4.1 with both goods and all packaging as far as possible in their original condition;
9.4.2 securely wrapped;
9.4.3 including our delivery slip;
9.4.4 at your risk and cost.
10.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
10.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
10.3 We give no warranty and make no representation, express or implied, as to:
10.3.1 the adequacy or appropriateness of the Goods for your purpose;
10.3.2 the truth of any Content on Our Website published by someone other than us;
10.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
10.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
10.4 [Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.]
10.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
10.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
10.7 The above two sub paragraphs do not apply to a claim for personal injury.
11 Content and Intellectual Property Rights
11.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
11.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
11.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
11.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
11.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
12 Your email address
12.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
12.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
12.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
13 System Security
13.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
13.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
13.3 You may not use any software tool for the purpose of extracting data from our website.
13.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15 Miscellaneous provisions
15.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
15.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
15.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
15.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded