Terms and conditions
WEBSITE TERMS AND CONDITIONS OF SUPPLY
(Updated 22nd October 2014)
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
Mecalux can amend Terms, either in part or in full, and the new Terms shall apply from the time of publication on this website, with no retroactive effect on agreements previously entered into by clients. The products on offer and their specifications are also subject to change, without effect on orders made before these changes. You must check the applicable Terms before making a purchase.
These Terms will be applicable without limiting any specific terms and conditions agreed between you and your salesperson, on a case-by-case basis, which shall be duly recorded in writing.
Every time you wish to order Products, please check these Terms to ensure you understand the terms and conditions which will apply at that time
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 www.mecalux.co.uk/shop is a site operated by Mecalux (UK) Ltd ("We"). We are registered in England and Wales under company number 02053742 and have our registered office at Unit 8, Junction 6 Industrial Park, Electric Avenue, Birmingham, B6 7JJ.
1.2 Our main trading address is the same as our registered address. Our VAT number is GB479506995.
1.3 We are a limited company and the UK subsidiary of Mecalux Group - MECALUX, S.A., calle Silici 1, 08940 Cornellà, Barcelona, Spain.
1.4 To contact us, please see our Contact page .
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the actual colour of the Products is accurately displayed on your computer screen. Your Products may vary slightly from these images.
2.2 The packaging of the Products may vary from that shown on images in the our site.
2.3 All Products shown on our site are subject to availability. If the Product you have ordered is not available, we will inform you by e-mail as soon as possible, and we will not process your order.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important Terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
The following only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least  years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
The following only applies if you are a business customer.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 The order process is carried out by following the steps described in the “How to buy” section of the website.
7.2 You can track your orders using the corresponding section of the website.
7.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.4 After you place an order, you will receive an e-mail from us acknowledging that it has been received. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
7.5 Please see the Delivery information and How to buy section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
7.6 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Mecalux UK.
7.7 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).
7.8 If you wish to obtain specific details of your previous orders please contact us or access your account via the section “track your orders”.
7.9 FREE ADVICE: Ask for free advice from our experts to conduct a study and provide a quote based on your needs.
8.1 This website is only for automatic delivery of products to customers with mainland UK addresses. When orders are made from Northern Ireland, Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland, it is considered a quote request. We will then contact you to offer our best price, including delivery costs. All goods must be signed for by an adult aged 18 years or over on delivery.
Delivery charges and estimated timescales are specified when you place an order unless you request deliveries to the areas mentioned in the previous paragraph. We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors. Mecalux UK is not liable for any delay or failure to deliver the products within estimated timescales.
Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
8.2 Verifying the goods received are in good order is your responsibility and to the extent possible any reservations and non-conformities that are visibly apparent should be noted in front of the person shipping the goods.
9.1 The applicable prices are those which are valid at the time of finalising the order. Mecalux reserves the right to change its prices according to its pricing policy, although these modifications will not affect any firm orders that have already been paid. The validity of the prices shall be determined by their publication on the website.
9.2 We take payment by credit card or by PayPal at the time we receive your order, once we have checked your credit card details or payment acceptance and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible.
9.3 A full refund will be given when you have already paid for the goods.
9.4 Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk. (Mecalux UK is not responsible for the content of external websites).
9.5 To ensure that your credit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
9.6 You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
9.7 The price you pay is the price displayed on this website at the time we receive your order with the following exception:
- (a) While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
9.8 Payment can be made by PayPal or by credit card. For information about secure online ordering see Security.
9.9 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
9.10 All prices are shown in pounds sterling(GBP) and do not include VAT (where applicable) at the applicable current rates and exclude delivery charges, and assembly, unless expressly stated otherwise (see Delivery information for further details).
9.11 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
10. RETURNS, CANCELLATIONS AND SUBSTITUTION
10.1 We offer a 10-day money back guarantee.
10.2 The costs of return shipping will be paid by the customer, unless it is due to lack of conformity of the goods with the contract, in which case they will be at our expense.
10.3 If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection [Distance Selling] Regulations 2000) during the period set out below.
10.4 This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract (under these regulations) is available from your local Citizens' Advice Bureau or Trading Standards office.
10.5 However, this cancellation right does not apply in the case of:
- (a) any made-to-measure or custom-made products
10.6 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
10.7 To cancel a Contract, please contact our Customer Services telephone line or e-mail to tell us.
10.8 If you have returned the Products to us because they are faulty or not as described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us..
10.9 We refund you on the credit card or debit card used by you to pay.
10.10 If the Products were delivered to you:
- (a) You must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- (b) Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.
- (c) You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
10.11 Details of your legal right to cancel and an explanation of how to exercise it are provided in the confirmation order e-mail.
10.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11. OUR RIGHT TO VARY THESE TERMS
11.1 We may revise these Terms from time to time in the following circumstances:
- (a) Changes in how we accept payment from you;
- (b) Changes in relevant laws and regulatory requirements;
- (c) Changes in our business terms and conditions.
11.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
11.3 Whenever we revise these Terms we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
12. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
This clause only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
12.2 Nothing in these Terms limit or exclude our liability for:
- (a) Death or personal injury caused by our negligence;
- (b) Fraud or fraudulent misrepresentation;
- (c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (d) Defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- (a) Any loss of profits, sales, business, or revenue;
- (b) Loss or corruption of data, information or software;
- (c) Loss of business opportunity;
- (d) Loss of anticipated savings;
- (e) Loss of goodwill; or
- (f) Any indirect or consequential loss.
12.4 Subject to clause 12.2 and clause 12.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. OUR LIABILITY IF YOU ARE A CONSUMER
The following only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
- (a) Death or personal injury caused by our negligence;
- (b) Fraud or fraudulent misrepresentation;
- (c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (e) Defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below .
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war [whether declared or not] or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- (a) We will contact you as soon as reasonably possible to notify you; and
- (b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you are a consumer:
- (a) To cancel a Contract in accordance with your legal right to do so please contact our Customer Services telephone line or e-mail us at firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.4 If you are a business customer:
- (a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
- (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the [second] business day after posting; if sent by e-mail, one business day after transmission; or, if posted on our website, immediately.
- (c) 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.
- (d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. [However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in to the recipient of the gift without needing to ask our consent.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms[, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 If you are a business customer, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.8 If you are a business customer, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).