Terms & Conditions
1. In this contract:
b. "Business Customer" means any person, persons or body corporate with whom we contract under this contract who, when making a contract with us, does not intend to use the goods for personal and family use only or any legal non-natural person irrespective of their intended use of the goods.
c. "Consumer Customer" means any person with whom we contract under this contract who does not fall into the category of Business Customer as defined herein.
d. "We" and "Us" means M.E.Willis (Sales&Hire) Ltd, of 38 Long Street, Easingwold, York, YO61 3HT references to "Our" shall be construed accordingly.
e. "You" means any person with whom we contract under this contract; references to "Your" shall be construed accordingly.
f. "Specification" means the type of material use in construction of the product and the particular features of completed product.
g. "Goods of an equivalent specification" means goods that, in relation to other goods, have the capability to perform with reasonable equivalence with reference to the definition of specification above.
h. "VAT" means the prevailing rate of Value Added Tax at the time that you become liable to make payment to us.
i. "Cooling off period" means a period of seven clear working days, as defined by Regulation 3(1) of the Distance Selling Regulations starting the day after the goods are received by you.
j. "Distance Selling Regulations" means the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) as amended, superseded or updated at the date of this contract.
k. "Theft Acts" means the Theft Act 1968, the Theft Act 1978 and The Criminal Attempts Act 1981, and references thereto are deemed also to refer to the common law offence of "Conspiracy to Defraud", all as amended, superseded or updated at the date of this contract.
2. Sale and Delivery.
1. We agree to sell and you agree to buy the goods that you have ordered at the price we agreed to sell the goods to you when you ordered. You also agree to pay us the VAT in respect of those goods. If you are a Consumer Customer, the price we agreed to sell the goods to you will include VAT.
2. The sale of the goods is subject to the terms of this contract, in particular the rights conferred by this contract of each party to cancel the contract and the sale.
3. We may make an additional charge, paid as a percentage of the price of the order if you pay by an electronic method of payment, and we have advertised, prior to your order that we will make such additional charge. In particular, we may apply a surcharge to credit card transactions or cheque transactions.
4. We agree to, if you require us to, arrange for the goods to be delivered to a location of your choice save that, if we have only received a conditional payment from you for the goods, an intention to pay in the future, or have not for whatever reason had cleared funds before delivery, we may restrict delivery to locations that will enable us to receive unconditional cleared payment. (Buying goods from this site along with the delivery charges indicates that you require us to arrange delivery of the goods.)
5. If you require us to arrange delivery of the goods, you take any risk arising from such delivery save that we take any risks occurring through delivery that may be caused by the deliberate act or negligence of ourselves or any of our employees.
6. If you require us to arrange delivery of the goods, we will provide you with details of the cost of such delivery. You agree to pay us the costs of any delivery.
7. All time-scales refered to in relation to delivery are in working days.
8. Business customers that are VAT registered and require a VAT invoice agree to accept a 'Modified VAT Invoice' as described in paragraph 16.6.2 of Notice 700 issued by HM Revenue & Customs. This invoice will show prices inclusive of VAT and a summary of the VAT paid at the foot of the invoice.
3. The Rights of the Parties.
1. If you are a Consumer Customer, then this contract is in addition to your statutory rights.
2. If you are a Business Customer, then this contract represents the totality of our respective contractual obligations to each other.
3. If it appears to us that,
a. You are or will become insolvent, or,
then we have the right to withhold delivery, or, of stoppage in transit, or, of supplier's lien, dependant upon the circumstances, on the goods, if you are not in possession of them.
4. If we do not receive payment from you, and you do not have a credit facility with us, or your credit facility is not available (e.g. it has been exhausted), we have the right to withhold delivery, or, of stoppage in transit, or, of supplier's lien, dependant upon the circumstances, on the goods.
5. You do not have the right of set off against any other sums we may owe you under any circumstances; in particular if you are in dispute with us regarding one matter you may not withhold payment for goods provided that are unconnected with that matter.
6. English Law applies to this contract.
7. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, not withstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all the goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
4. Our Rights to Substitute or Cancel.
1. We will use all reasonable endeavours to deliver to you the goods ordered under this contract.
2. We will aim to deliver the goods you have ordered as soon as is reasonably possible, however, we do not guarantee that we will deliver the goods within any specific time, or at all.
3. We will notify you within 30 days of payment whether or not we will be able to deliver the goods you have ordered to you.
4. If you are a Consumer Customer, we may, if it is not reasonably practicable to deliver the goods you have ordered to you, substitute other goods than those you have ordered, but only if the substituted goods are goods of an equivalent specification.
5. If we substitute goods for the goods you have ordered, there will be no difference in price.
6. If we notify you that we will not deliver any goods under this contract, we will also re-imburse you any and all monies paid pursuant to this contract in respect of the goods that we will not deliver.
7. If we notify you that we will not deliver some goods under this contract, but will deliver other goods, we will also re-imburse you monies paid under this contract for the goods that we will not deliver, but we may set-off any other amounts you owe us against any monies we may repay you.
8. Pictures are for illustartion purposes only.
5. Cancellation within the cooling off period.
1. If you are a Consumer Customer, you have a right to cancel this contract as long as you do so within the cooling off period.
2. If you are a Business Customer, you have no right to cancel this contract.
3. If this contract, or part of this contract concerns goods consisting of,
a. Goods that have
been personalised for you, and / or,
then you have no right to cancel this contract in as much as it applies to those goods. However, you may cancel this contract in as much as it applies to any other goods.
4. If you wish to exercise any right to cancel this contract, you must notify us of the same within the cooling off period, either by writing to us at our address, or by emailing us to our main email address.
5. Upon receipt of a valid notice cancelling this contract, we will send to you within 21 days a notice confirming cancellation of the contract.
6. If the goods delivered are the goods you ordered and you exercise any right to cancel, upon receipt of our notice confirming cancellation, you must organise delivery of the goods back to us, as soon as is reasonably possible, and in any event within 30 days. You are advised to insure yourself against the risks of goods being damaged in transit.
7. If the goods delivered are the goods you ordered and you exercise any right to cancel this contract, then you will be liable to us for any costs incurred by us in delivering the goods back to us, including but not limited to the costs of any insurance.
8. If the goods delivered are goods we have substituted for the goods you ordered, and you exercise any right to cancel, we will organise delivery of the goods back to us, at our cost.
9. If you exercise any right to cancel this contract, and
a. The goods are in any way damaged otherwise than by us or our agents,
including but not limited to damage incurred during transit of the goods
back to us or,
then you will be liable to us for an amount to cover the losses flowing from the above; and further, or in the alternative, the breach of your statutory duty under regulation 17 of the Distance Selling regulations (duty to retain possession of goods, take reasonable care of them and restore them to the supplier).
10. If you exercise any right to cancel, upon receipt of the goods, we will reimburse you all monies paid to us by you in respect of those goods, less an amount to cover any liabilities you have to us under paragraphs 4(7) and 4(9) of this contract.
11. If you are not totally satisfied with your purchase or you have simply changed your mind about your purchase then in line with the Distance Selling Regulations, you can return your item provided you inform us of this decision via letter or e-mail to customer services within 7 working days of receipt. Once you have informed us of your decision to return goods under the Distance Selling Regulations, you have 7 working days to return the item(s) at your own expense. you will be responsible for the safe return of the goods. The goods must not be opened nor used and must be 'as new' when returned to us. All items must be complete with original packaging, manuals, peripherals etc as originally supplied. Manufacturer packaging must not be defaced in any manner. Once goods are received at M.E.Willis Ltd, we will issue a full refund for the cost of the goods to your original payment method. Please note Business Customers are exempt from returning items within 7 working days under the distance selling regulations.
12. Please note that item(s) sent back to us without a valid RMA number will be rejected. You will be liable for all postage costs for unauthorised items. Authorised RMA numbers will be valid for 7 days only.
6. After Sales Service.
1. All of the goods are sold with a one-year manufacturers warranty, except goods that we clearly describe as "sale" or "clearance" items, which will have a reduced price and a reduced warranty period of 30 days.
2. Goods that we sell may have other warranties or insurance provided by a third party, which often last for longer periods than, and can be of greater benefit than, our own warranty. In this case these warranties will be clearly stated in the product description.
3. Under the terms of our warranty, if any of the goods are defective within the warranty period, we will, subject to the other terms of this contract,
a. Repair the defective goods, or,
4. If you wish to make use of your rights under this warranty, you must return the defective item to our premises, at your own cost. You must include a valid RMA number obtained from us, a valid invoice number, and a description of the fault. We will then, within 30 working days, repair, replace or issue a refund in respect of the defective item, solely at our discretion. When you receive this warranty replacement item, the remaining warranty period on the item is valid only from the original date of purchase, warranties are not refreshed nor renewed on items that are issued to you as replacements. We may issue warranty replacement item(s) that are equivalent to, or better than the original item(s). Please note replacements may be repaired or refurbished unit(s).
5. If you do not return the goods in complete condition, including all packaging and manuals, we will not issue a refund in respect of the goods.
6. If you return non-defective goods to us, under this warranty, we may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the goods to you.
7. If you return goods to us, under this warranty, and those goods are defective as a result of,
a. Your negligence, or,
We will not be liable under this contract and we may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the goods to you.
8. In paragraphs 6(7)(c) and (d) above, references to insurance are deemed not to refer to insurance in the nature of a breakdown or failure warranty for the goods.
9. This warranty is in addition to and does not affect, your statutory rights.
10. If your product develops a fault, provided the product is within the warranty period. You are entitled to a warranty repair or replacement. If your goods are returned as faulty after 28 days of shipping we reserve the right to return the product to the manufacturer for repair or replacement. If this should happen please note normal turnaround time is 21 working days but it could take upto 30 working days for repair or replacement.