MCD Home & Garden (UK) Ltd - Terms and Conditions
1. Our Contract
1.1. These Terms and Conditions govern the supply of goods sold by MCD Home & Garden (UK) Ltd of Unit 12, Albion Road, Carlton Industrial Estate, Barnsley S71 3HW (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.
1.2. All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1. The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for delivery as advised to you.
2.2. We reserve the right to update the price of goods, from time to time but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order and may decline it or limit the order quantity of goods sold.
2.3. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
2.4. Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5. We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed.
2.6. You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counter-claim, which you may have, or allege to have.
2.7. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from you to us.
2.8. The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format.
2.9. Any “Was” price displayed on the website shows the item’s previous selling price for a period of at least 30 days prior to the reduced price coming in to effect, unless otherwise stated.
2.10. Any outstanding balance on garden buildings must be cleared 24 hours before the installation date. Any alternative payment methods must be agreed prior to this in writing by a member of our team.
3. Delivery & Title
3.1. We will deliver them in accordance with your order usually within the stated delivery time . In addition to your rights under clause 5, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
3.2. Items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.
3.3. You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
3.4. Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
3.5. Delivery times of garden buildings quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control.
4.1 Once your order is placed, our team will be in touch approximately 7 – 10 days before the workshop begin construction of your garden building to offer you the next available delivery and fitting date. Once you have confirmed the date with us it is booked into our fitting diary. Unfortunately, after this is agreed, the date cannot be changed. If you tell us that the delivery date you have already confirmed is no longer suitable any outstanding balance is still due and payable and the garden building will be delivered on the agreed date but it will be left for self assembly. No refund will be due of any delivery and installation charge paid.
4.2 If an installation service has been requested, you must provide suitable access, and a flat, level and square base, capable of carrying considerable weight. It is important that your garden building is erected on an adequate base. It must be level, firm and square. If the base is not level, it could result in your doors twisting and sticking, walls to warp and the roof to become distorted. Buildings erected on unlevel bases will not be covered by a guarantee and it is the customer’s responsibility to check that the base is adequate before the date of fitting. MCD Home & Garden will NOT be held responsible for inadequate base preparation. Should the prepared ground not meet requirements set by MCD Home & Garden our fitters will leave the building for self assembly. If you wish for the installation to go ahead after you have been made aware that your base is unsuitable you will be asked to sign a disclaimer form on site voiding any warranty. Please be aware that fitting on an unlevel base may also mean that there are visible chocks and your building may be raised from the ground at certain points using slips of timber - our fitters do not carry enough spare timber to create skirting and the responsibility to do this is that of the customer.
4.3 We do not inspect the suitability of your base to support the building without ground movement. We do not check the integrity of the base. Our Installers are not engineers. Any problems with the products that arise from inadequate support from the base are the responsibility of the customer.
4.4 The site should be clear of overhanging branches or obstructions, and have sufficient unobstructed access around the site for the safe erecting and maintenance of the building. If access or the base is unsuitable, you will be liable for the aborted labour costs (100% of the initial installation fee), and the product will be left for self-assembly.
4.5 Should you require a return installation service, a return charge (125% of the initial installation fee) must be paid prior to the subsequent visit being made.
4.6 You must ensure that the installer’s vehicle can be parked as close as possible to the installation site. If a parking area cannot be located nearby the site, the installation may be abandoned and a return charge (as defined in 4.3 and 4.4) may be made.
4.7 The responsibility to check whether planning consent is required is solely that of the customer. If you are unsure as to whether planning permission is required then we advise that you contact your local council’s planning department before purchasing. MCD Home & Garden UK Ltd accept no liability for any planning issues that arise after your purchase.
5.1. While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 14 days.
6.Cancellation & Returns
6.1. Our 28-day returns policy means that if for any reason you are unhappy with your purchase, you can return goods in original condition within 28 days of the date you received goods, unused and in original packaging with contents in the condition they were delivered, along with a receipt of proof of purchase. We will issue a refund for the price you paid for the goods only excluding delivery costs incurred by the company.
6.2. Customers are responsible for returning goods and the costs associated in doing so back to MCD Home Garden (UK) Ltd. Returned goods must be unmarked and free from blemishes of any kind, the total refundable amount is dependant on goods being returned to us in the same ‘good condition’ that they were received in (we would advise keeping all packaging if you are considering returning an item). Please speak to a member of our customer services team for more information on cancelling an order. Providing we have received the goods back in ‘good condition’ with a valid returns note, refunds will be issued within 30 days of the goods arriving with us.
6.3. If a customer contacts our company after the specified 28 days, MCD Home & Garden (UK) Ltd has the right assume that the order has progressed to completion. The customer will not have an automatic right to a refund.
6.4 If at any point the Customer wishes to cancel a Bespoke Order (i.e. Garden Shed(s) or any other Timber Garden Product(s) or any other specialist manufactured goods), then the 50% deposit will be non refundable. If payment has been made in full then you will only be entitled to a 50% refund, as work will have already been carried out on your behalf. However we reserve the right to refuse your request for refund when full payments have been made when manufacturing bespoke work upon your instructions. If other payment terms have been agreed then you would still be liable to pay for the goods you have ordered in full if you decide to cancel and any stage of production, or a minimum of 50% of the cost of the total order would be mandatory.
6.5 In the event of a manufacturing fault claim you may be required to email or post photographic evidence to Customer Services. This will provide us with the details to make a commercial decision to either repair or replace the goods.
6.6 Wood is a naturally variable raw material; its variances are not within our control and are therefore not considered defects. Grain characteristics like knots, open grain and medullary rays are all naturally occurring features and will not be considered grounds for rejection by a customer. All timber is subject to environmental changes such as shrinkage in warm / hot weather and expansion in damp / wet weather, this again is not a defect but a natural characteristic of wood and is not grounds for rejection and is not covered by the timber guarantee.
6.7 All quoted dimensions are approximate and for guidance only.
6.8 Timber is a natural product and the building will ‘settle’. As a result splits, cracks and movement of timbers will always occur after installation, and adjustments may become necessary (including adjustments to; the doors and windows etc). Such adjustments and/or repairs are not part of the installation service and should be carried out by the customer.
6.9 Our warranty does not cover damage caused to products by adverse weather conditions, wind, rain or other forces of nature, accidents improper assembly or disassembly or adjustment during set up or take down, or any abuse, misuse or neglect by the user. Our gazebos are not permanent structures and should not be left unattended for prolonged periods of time. We do not advise you assemble or disassemble your pop up gazebo or marquee during adverse or windy weather conditions. Damage caused by improper use or incorrect anchoring of the structure in severe weather is NOT covered by our warranty.
7.1. If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 7. 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
7.2. We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
7.3. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7.4. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
7.5. If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
8. Age Requirements for Specific Goods
8.1. Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
9.1. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
10.1. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
11.1. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.