TERMS AND CONDITIONS OF SALE

OF

www.morganandbutler.co.uk

GENERAL

These terms and conditions will apply to all transactions placed online with Morgan & Butler Limited. Please read carefully before placing an order. All contracts shall be governed by and constructed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights.

By using this site you are agreeing to these terms and conditions.

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Selle.

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Condition.

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller

1.5 “Seller” means Morgan & Butler Limited (Registered number 09149731 (England & Wales), place of registration: Companies House) of 3 Lugg Green Cottages, Kingsland, Leominster, Herefordshire, HR6 9SW that owns and operates www.morganandbutler.co.uk.

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "Website" means www.morganandbutler.co.uk

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.     

Whilst every effort is made to ensure the pictures and colours depicted on the site match as closely as possible those of the actual product due to technical limitations, some colours may vary.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in Ordering Help. We accept online transactions via secure sever provider. Customers can pay using Pay Pal, Credit/Debit card. Transactions are subject to validation checks and are authorised by the card issuer. We accept Visa Delta, Switch, Maestro and MasterCard but NOT AMEX or AMERICAN EXPRESS. If the issuer of your card refuses to authorise the payment to us, we will not be liable for the delay and /or non-delivery of your order placed with us. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder. To make a purchase just browse our products and click on the item you want to buy put them in the Shopping Basket. After you have finished selecting the items you want, click on ‘View Basket & Checkout’ and you will be asked some details that we need, so to process your order.

All these terms and conditions will apply to all transactions placed online with Morgan & Butler Limited.

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price is exclusive of delivery charges.

Prices, products descriptions and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. Any information displayed on our website(s) or other printed matter by the company is not regarded to be authoritative or certified as the best practice and is only considered to be useful supplementary advice to other certified codes of practice.  All information on our web site is updated regularly.

We reserve the right to alter our prices and specifications without notice.

4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.5 In the case of Consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.5 In the case of other sales, payment of the price plus VAT and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.

4.6 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order. All items supplied to the customer remain the property of Morgan & Butler Limited until we have received final payment of all sums owing in the respect of those goods in full.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 DELIVERY

7.1 Goods supplied within the UK will normally be delivered on our ‘standard delivery’ within 5-7 working days of acceptance of order but in any event, within 30 days after the Contract is entered into. In the event that we are unable to achieve this and which will delay your delivery, we will email you with an expected delivery date or the option to cancel your order. Please see our DELIVERY TERMS for full details.

7.2 Goods supplied outside the UK will normally be delivered within 14 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.

7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery.  In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Supplier is under a legal obligation to supply Goods in conformity with the Contract.

7.6 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.

7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8 CANCELLATION

The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in the Schedule to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9 GIFT VOUCHERS

In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:

9.1 Gift vouchers will be dispatched within 5 days of acceptance of order and will be delivered by secure means to the address given by the Buyer at the time the order was placed by post /courier. Payment must be made in full before dispatch of the vouchers (see PAYMENT TERMS for details 4.)

9.2 The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.

9.3 Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.

9.4 Gift vouchers may be exchanged for all products on our web site at www.morganandbutler.co.uk. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer's order.

9.5 Gift vouchers are valid for 12 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.

10LIMITATION OF LIABILITY

10.1   Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2   Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

SCHEDULE

RIGHT TO CANCEL

1  You have the right to cancel this contract within 14 days without giving any reason.

2  The cancellation period will expire after 14 days from the day:

(a) Of the conclusion of the contract, in the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium;

(b) On which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;

(c) On which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;

(d)  On which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;

(e) On which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.

3 To exercise the right to cancel, you must inform us Morgan & Butler Limited, 3 Lugg Green Cottages, Kingsland, Leominster, Hereford, HR6 9SW. Email us on info@morganand butler.co.ukor telephone us on 07899 418466 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

If you electronically fill in and submit the model cancellation form or any other clear statement on our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

EFFECTS OF CANCELLATION

5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

7 We will make the reimbursement without undue delay, and not later than:

(a)  14 days after the day we receive back from you any goods supplied, or

(b)  (If earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9 In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not offered to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest.

RETURN OF GOODS

10 You shall send back the goods or hand them over to us at Morgan & Butler Limited, 3 Lugg Green Cottages, Kingsland, Leominster, Hereford, HR6 9SW without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. For full details of our returns policy see ‘RETURNS’ on our web site.

COST OF RETURNING GOODS

11 You will have to bear the direct cost of returning the goods.

12 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

SERVICE CONTRACTS BEGUN DURING CANCELLATION PERIOD

13 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

PRODUCTS, CONTENT & PRICES

We reserve the right to alter our prices and specifications without notice. Prices and products specifications, descriptions are checked to the best of our ability and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions.

Whilst every effort is made to ensure colours, pictures used depicted on website matched as closely as possible to those of the actual product due to technical limitations, some colours may vary.

Any information displayed on our website(s) or other printed matter by the company is not regarded to be authoritative or certified as the best practice and is only considered to be useful supplementary advice to other certified codes of practice. All information on our website is updated regularly.

PRIVACY

We do not disclose details of our customers to any third party. We will collect and store any personal data that you may volunteer whilst using our services e.g. placing orders or joining our email service. Type of information collected for example; your Name, Title…

RETURNS POLICY

Return any item within 30 days of receipt as long as it is unused and in its original packaging. We are happy to exchange an item with a replacement. To have a refund it must go onto the credit/debit card which was used to purchase the item. There will be a postage charge for sending any exchange items.

We cannot refund any postage charges. Parcels are returned at own cost. We recommend that you obtain a free postage certificate from the post office. Items lost intransit will not be treated as are turn.

FAULTY GOODS

Please return within 30 days of receipt. Please contact us with details of fault. Email us on:-info@morganandbutler.co.uk

Before sending the return goods back to us. We may ask for a photo of the faulty item before sending it back to us as a exchange or faulty return. Thisdoes not affect your statutory rights.