WEBSITE TERMS AND CONDITIONS – SELLING ONLINE
BACKGROUND: This agreement applies as between you, the User of this Website or Purchaser and Canoports UK Limited, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that The Milwood Group advertises and / or makes available for sale through this Website;
“The Milwood Group” means Canoports UK Limited whose registered office is at First Floor, South Wing
1 James Whatman Court, Turkey Mill Business Park, Ashford Road, Maidstone, Kent, ME144 5PP
“Service” means collectively any online facilities, tools, services or information that The Milwood Group makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser” means any person or business that buys Goods from The Milwood Group from this Website; “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place of business located at Ashford House, 173 Ashford Road, Bearsted, Maidstone, Kent; ME14 4NE
“System” means any online communications infrastructure that The Milwood Group makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by The Milwood Group and acting in the course of their employment; and
“Website” means the website that you are currently using (www.milwoodgroup.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. International Customers
If Goods are being ordered from outside The Milwood Group’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. The Milwood Group is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The Milwood Group gives no guarantee that the packaging of the Goods will be free of signs of tampering.
3.1 In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
3.1.1 all information you submit is accurate and truthful;
3.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
3.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
3.2 It is recommended that you do not share your Account details, particularly your username and password. The Milwood Group accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
3.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Milwood Group immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, The Milwood Group accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
4. Termination and Cancellation
4.1 Either The Milwood Group or a User may terminate an Account. If The Milwood Group terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
4.2 If The Milwood Group terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
4.3 The Milwood Group reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
4.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
4.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
5.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and The Milwood Group.
5.2 Interest will be charged on a daily basis, commercial interest at 4% above the base rate of Barclays bank Plc obtaining at the time.
6. Goods, Pricing and Availability
6.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Milwood Group correspond to the actual Goods, The Milwood Group is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 10.1 for incorrect Goods.
6.2 Where appropriate, you may be required to select the required size, model, colour and number of the Goods that you are purchasing.
6.3 The Milwood Group does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website.
6.4 All pricing information on the Website is correct at the time of going online. The Milwood Group reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
6.5 In the event that prices are changed during the period between an order being placed for Goods and The Milwood Group processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
6.6 All prices on the Website include include VAT. The Milwood Group’s VAT number is 170 6048 24.
7. Property, Risk and Account of Profits
7.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by The Milwood Group. Title remains with The Milwood Group until payment is complete.
7.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from The Milwood Group or forming a component part of a larger Good, and any amount of the purchase price payable to The Milwood Group remains outstanding, the Purchaser must account to The Milwood Group for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for The Milwood Group until payment has been received in full by The Milwood Group.
7.3 The Milwood Group reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, The Milwood Group has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 8.1, remain the property of The Milwood Group.
8.1 The Milwood Group will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
8.2 If The Milwood Group receives no communication from you, within 24 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
9. Returns Policy The Milwood Group aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
9.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 24 hours to arrange collection and return. The Milwood Group is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
9.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact The Milwood Group within 24 hours to arrange collection and return. The Milwood Group is responsible for paying not shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
9.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to The Milwood Group within 10 working days and arrange collection and return. The Milwood Group is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to The Milwood Group within 24 hours of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of The Milwood Group. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
9.6 If the Purchaser wishes to return Goods to The Milwood Group for any of the above reasons, please contact us using the address given above, or via email ([email protected]) or via make the appropriate arrangements.
9.7 The Milwood Group reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
9.7.1 Any use or enjoyment that you may have already had out of the Goods;
9.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
9.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
9.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law. 10. Changes to the Service and these Terms and Conditions
The Milwood Group reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If The Milwood Group is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
11. Availability of the Website
11.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
11.2 The Milwood Group accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, The Milwood Group accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
12.2 Nothing in these Terms and Conditions excludes or restricts The Milwood Group’s liability for death or personal injury resulting from any negligence or fraud on the part of The Milwood Group.
12.3 Nothing in these Terms and Conditions excludes or restricts The Milwood Group’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
12.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Milwood Group.
16.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to The Milwood Group. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16.2 The Milwood Group may from time to time send you information about our products and/or services. If you do not wish to receive such information, please send an email to [email protected] stating that you wish to unsubscribe
17. Law and Jurisdiction
These Terms and Conditions and the relationship between you and The Milwood Group shall be governed by and construed in accordance with the Law of England and Wales and The Milwood Group and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
18. Consents and Load Design Estimation
If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Buyer’s/Purchaser’s responsibility to obtain the same in advance of delivery of the Goods The Seller/Milwood Group will undertake an assessment of design loading requirements based on pertinent factors. This is to be treated a guide only and the Seller/Milwood Group accepts no liability or responsibility in this regard Where regulations require or it is appropriate that structural calculations shall be carried out it is the Buyer’s/Purchaser’s responsibility to ensure that the calculations are undertaken by a fully qualified structural engineer. It shall be the Buyer’s/Purchaser’s responsibility to appoint and contract with the structural engineer. The Seller/Milwood Group shall not be a party to any such contracts.