1. Terms & Conditions
1.1 These terms and conditions relate to all goods supplied to you after you have placed an order by telephone ro through this website (“the Site”). These terms and conditions set out the terms of the contract between you, the customer or Site user (“you”) and us. These terms and conditions together with our policies and your order confirmation which we will send to you by email form the agreement between you and us (“the Agreement”). If you place an order by telephone, we will ask you for an email address, send you an order confirmation by email. If you do not provide us with an email address, we will dispatch the items you have ordered directly to you.
1.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except in writing signed by us or our duly authorised representative.
1.3 These terms and conditions may be varied by us at any time by posting amended terms and conditions to our Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
1.4 Our employees and agents are not authorised to make any representations concerning the goods we supply unless confirmed by us in writing. You agree that you have not relied on any such representations before placing an order.
1.5 Each order you place with us will be a separate order and contract between us, any default by us in relation to one order will not entitle you to terminate another order.
2. Ordering and Payment
2.1 Preferred method of payment is by credit/debit card or cheque. A credit account can be opened providing you have been trading for one year and are registered for VAT and can provide the necessary trade references. All Government bodies including Councils, Schools, Universities, NHS etc. qualify for instant credit facilities. Once an account has been opened terms are net cash within 30 days of date on invoice.
2.2 The seller's catalogue and website is an offer to treat only. Any contract shall consist of the buyer's order and the seller's acceptance thereof. Any order accepted by the seller shall be subject to the seller's conditions of sale and no other conditions shall apply unless expressly agreed in writing by the seller.
2.3 Your order is an offer to buy from us, once you place an order, we will send you an email to confirm that we have received your order, and we will send you a subsequent email to confirm that your order has been fulfilled and despatched. There will be no contract of any kind between you and us unless and until we take payment from you, fulfil and despatch your order. A binding agreement will come into force between you and us when we email you to confirm that your order has been fulfilled and despatched. At any point up until then, we may decline to supply the goods to you without giving any reason. If we take payment and subsequently fail to dispatch the goods for any reason, we will refund you in full.
2.4 You accept the accuracy of any orders placed with us. It is your responsibility to check our confirmation of receipt of order to ensure that the order is accurate.
2.5 At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods.
2.6 The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item or a collection of items, we will not be liable to supply an item to you at the stated price provided that we notify you before we dispatch the item concerned.
2.7 Our prices are calculated based on current costs including the cost of materials, labour, delivery, insurance and other costs. We reserve the right to increase our prices at any time up to despatch of an order arising from any factor beyond our control including any increase in our costs. Please note also that we reserve the right to increase our prices in the event that you request any change or variation in the goods or services supplied and that we are not obliged to accept any such request.
2.8 Your credit/debit card details will be encrypted by us, or our partners to minimise the possibility of unauthorised access or disclosure.
2.9 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2.10 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
2.11 We remind you that we are under a legal duty to supply goods which are in conformity with our contract with you.
3.1 Quoted prices exclude delivery (except where stated on the website). Delivery prices quoted are for the UK mainland only and exclude the Highlands, parts of Scotland and Islands.
3.2 For deliveries outside of the mainland UK, and for overnight deliveries where requested, an additional carriage charge will be levied. The prices invoiced will be those currently charged by the seller at the date of despatch.
3.3 Although every effort is made to ensure the prices stated in the website are correct, should an error on price occur, and an order is placed, you will be informed and given the option of continuing the order at the correct price or cancelling the order. All prices are subject to VAT. All packing is non-returnable.
4. Price Match Promise Terms
The price has to apply to an identical product in terms of make, model, size or colour. We don't match special prices only available to certain customers – such as negotiated prices or prices for groups like account holders or club members.
Service Conditions: This means we compare how we sell the product to how it is sold by the competitor to ensure it's comparable. We particularly look at stock availability, delivery charges and guarantee periods.
5.1 Prices and specifications quoted on our website are subject to change at any time, for any reason, and we will not be obliged to supply goods at the price and specification set out on our website.
5.2 Please note that all descriptions, specifications, drawings, photos and details of weights and dimensions which are included in our materials are approximate only.
5.3 Such descriptions whilst given as a guide, in good faith, are subject to alteration by the seller without notice, in particular all weights and dimensions are approximate only.
5.4 All maximum load capacities stated are for evenly distributed loads only.
5.5 Please note also that it is virtually impossible to accurately portray the precise colour of goods in an internet image, due to differing screen resolutions, monitor capabilities, and variations from batch to batch. We endeavour to give the best portrayal of colour, but we cannot accept colour or shade differences as evidence of defects.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
* 7.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Please note: All deliveries are to ground floor areas only. Assistance with offloading must be provided by the customer.
* 7.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
* 7.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
* 7.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller's premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
* 10.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within a minimum of 1 year (and up to 10 where stated) from the date of delivery, subject to the following conditions:
* 10.1.1 the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
* 10.1.2 the defect being due to the faulty design, materials or workmanship of the Seller.
* 10.2 For the avoidance of doubt, defects will not be regarded as having arisen solely from the Seller’s faulty design, workmanship or materials in any of the following circumstances:
* 10.2.1 where such defects arise from any drawing, design or specification supplied by the Buyer; or
* 10.2.2 where such defects arise from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval.
* 10.3 Any repaired or replaced Goods shall be redelivered by the Seller free of charge to the original point of delivery but otherwise in accordance with and subject to these Conditions.
* 10.4 Alternatively to Condition 9.1.1 the Seller shall be entitled at its absolute discretion to refund the price of the defective Goods in the event that such price shall already have been paid by the Buyer to the Seller or if such price has not been paid to relieve the Buyer of all obligation to pay the sum by the issue of a credit note in favour of the Buyer in the amount of such price.
* 10.5 The Buyer agrees to insure itself against loss and damage arising in the circumstances identified in Condition 11.1.2.
* 10.6 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.
* 10.7 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
* 10.8 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
* 10.9 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
* 10.10 Without prejudice to your statutory rights, Goods may only be returned if they are unused, unassembled, in their original packaging and in a resalable condition. Goods to be returned will be collected by us or our agents. Mogo Direct reserves the right to charge a 25% restocking charge plus £29.95+VAT (£35.95) carriage charge for items returned when orders were placed in error or not wanted. This will be deducted from any refund given. Goods to be returned will be kept safe and secure until such time as they are collected by us. Any damage to the Goods will be deducted from any refund given in addition to the minimum handling fee (if applicable) referred to above. We will refund the price of the Goods (if a refund is applicable) to you less any deductions in terms of the above clause once the Goods have been examined and within 30 days of their collection from you by Mogo Direct.
* 11.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
* 11.1.1 the correspondence of the Goods with any description;
* 11.1.2 the quality of the Goods; or
* 11.1.3 the fitness of the Goods for any purpose whatsoever.
* 11.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
* 11.2.1 the correspondence of the Goods with any description;
* 11.2.2 the quality of the Goods; or
* 11.2.3 the fitness of the Goods for any purpose whatsoever.
* 11.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
12 Limitation of Liability
* 12.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
* 12.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
13 Intellectual Property Rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
14 Force 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, 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. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
15 Relationship of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
16 Assignment and Sub-Contracting
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
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.
19 Governing Law and Jurisdiction
This Agreement 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.