Terms And Conditions Of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.mcldatasolutions.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
- INFORMATION ABOUT US
www.mcldatasolutions.co.uk is a site operated by Mainframe Communication Limited (we). We are registered in England and Wales under company number 13489212 and with our registered office and main trading address at Network House, Journeymans Way, Temple Farm Industrial Estate, Southend-on-Sea, Essex. SS2 5TF. Our VAT number is 385 1953 64.
- SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals or businesses outside the United Kingdom.
- YOUR STATUS
By placing an order through our site, you warrant that:
- (a) you are legally capable of entering into binding contracts;
- (b) you are at least 18 years old;
- (c) you are resident in the United Kingdom; and
- (d) you are accessing our site from the United Kingdom.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Completed Confirmation). The contract between us (Contract) will only be formed when we send you the Completed Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Completed Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Completed Confirmation.
- CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
- Media including DVDs, CDs and software
- Bespoke or made-to-order products created to your own specification
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Completed Confirmation. This provision does not affect your statutory rights.
- AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Completed Confirmation or, if no delivery date is specified, then within 14 days of the date of the Completed Confirmation, unless there are exceptional circumstances.
6.2 If for any reason you fail to accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations then the Products shall be deemed to have been delivered and we or our courier may store the Products until delivery, whereupon you shall be liable for all related costs and expenses where applicable, including, without limitation, storage and insurance.
6.3 If you require the Products to be delivered to an alternative address, we reserve a right to charge an additional cost reflecting the charge for redelivering your Products at that alternative address.
- RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Completed Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Completed Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit, debit card or bank transfer. We accept payment with Visa, Delta, Visa Electron, Mastercard, Switch, Maestro or Solo. We will charge your credit or debit card when you place your order.
- OUR REFUNDS POLICY
9.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 When a refund is processed, you will receive an email notification.
9.4 A refund will usually reach your credit card account within 4 working days after it being processed, please allow up to 10 working days for it to be credited. We do however reserve the right to refund you within 30 days of the return.
9.5 Subject to any rights you may have under clause 5, if the Products are found not to be faulty or they have been damaged by misuse, they will be returned to you and no refund will be issued.
- PRODUCTS DAMAGED IN TRANSIT
10.1 For Products which appear to have been damaged during transit, you should sign any delivery confirmation notes as “unchecked” where applicable. Should you discover any damage on examining the Products, we must be advised of the exact damage within 24 hours. You must not dispose of any packaging and must keep the Products in the same condition as you received them. Where necessary we will make arrangements to collect the damaged Products and issue you with replacements where possible.
10.2 Where we are unable to replace Products you will be refunded for the price of the damaged Products. We will pay for the collection of the damaged Products and the delivery of the replacement Products (where applicable) but we will not accept any claims for damage if we are not advised of the damage within 24 hours.
- MISSING OR INCORRECT PRODUCTS
11.1 Upon delivery of the Products it is your responsibility to check that you have received the correct number of Products and that the correct Products are referred to on the delivery confirmation note. Any missing Products should be written down on the delivery note and it is your responsibility to notify us of the missing Products within 48 hours of delivery. In the case of incorrect Products, you should not open the packaging or use the item. We will pay for the return delivery and collection of any Products incorrectly sent to you.
11.2 If you sign the delivery confirmation note to confirm that you have received the correct Products but this is not the case, you will be required to provide us with a copy of your invoice relating to the Products and we will investigate the matter and decide whether you are entitled to a partial refund and/or delivery of any further Products.
- TIME LIMITS FOR NOTIFICATION OF CLAIMS
The following will apply in relation to the time limits referred to in clauses 9 – 11:
- (a) If you are contracting as a consumer the time limits will be extended until the cooling-off period referred to in clause 5.1 has ended.
- (b) If you are contracting as a consumer, and the cooling-off period has expired, or if you are contracting as a business customer then you must comply with the time limits.
- (c) We have the sole discretion to extend the time limits if there have been extenuating circumstances which have delayed or otherwise prevented you from notifying us within the required time limits.
- OUR LIABILITY
13.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
13.3 This does not include or limit in any way our liability:
- (a) for death or personal injury caused by our negligence;
- (b) under section2(3) of the Consumer Protection Act 1987;
- (c) for fraud or fraudulent misrepresentation;
- or
- (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 13.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clauses 13.1 or 13.2 or any other claims for direct financial loss that are not excluded by this clause 13.4.
- AVAILABILITY OF PRODUCTS
14.1 All Products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a Product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the Product we will arrange for the order to be cancelled.
14.2 We offer an extended range of Products which are obtained directly from our suppliers. These Products are subject to suppliers’ stock availability and delivery dates made by the suppliers’ own delivery services. It is our policy to contact you to explain the stock and delivery situation with these Products. Again if you do not wish to proceed with the order, we will arrange for it to be cancelled.
- TITLE FOR BUSINESS CUSTOMERS
15.1 If you are contracting as a business customer, until ownership of the Products has passed to you, you must:
- (a) store the Products (at no cost to us) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as our property;
- (b) not destroy, damage, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on the our behalf for their full price against all risks to our reasonable satisfaction;
- and
- (c) hold the proceeds of the insurance referred to in clause 15.1(b) condition on trust for us and pay the proceeds of the insurance to us within 5 working days of receipt of the proceeds.
15.2 Your right to possession of the Products shall terminate immediately if:
- (a) in the case of a sole trader you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency;
- or
- (b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade;
- or
- (c) you encumber or in any way charge any of the Products.
- (a) Strikes, lock-outs or other industrial action.
- (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- (e) Impossibility of the use of public or private telecommunications networks.
- (f) The acts, decrees, legislation, regulations or restrictions of any government.
- (g) Failure or inability of our suppliers or the Products’ manufacturers to supply the Products to us.
15.3 If before title to the Products passes to you become subject to any of the events in clause 15.2 then, provided that such Products have not been resold and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, we may enter your premises or the premises of any third party where the relevant Products are stored in order to recover them.
- IMPORT DUTY
16.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
16.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- NOTICES
All notices given by you to us must be given to Mainframe Communication Limited at Network House, Journeymans Way, Temple Farm Industrial Estate, Southend-on-Sea, Essex. SS2 5TF OR sales@mainframecomms.co.uk . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 17 above. Notice will be deemed received and properly served immediately when posted on our website, 24hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
20.1 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 events outside our reasonable control (Force Majeure Event).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
20.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Where the Force Majeure Event renders our performance under the contract impossible, we reserve our right to cancel the Contract.
- WAIVER
21.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
21.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
- SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
23.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
23.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
24.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
24.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Completed Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
