You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 8 October 2012.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.mbsworkspaceenvironments.co.uk. We are Maddison Business Systems Ltd, a company registered in England and Wales under company number 03604708 and with our registered office at 4 Quarry Court, Pitstone Green Business Park, Quarry Road, Pitstone, Leighton Buzzard LU7 9GW, United Kingdom. Our main trading address is 4 Quarry Court, Pitstone Green Business Park, Quarry Road, Pitstone, Leighton Buzzard LU7 9GW, United Kingdom. Our VAT number is GB 719 0575 26.
1.2 To contact us, please see our Contact Us page. Alternatively, you can email us at firstname.lastname@example.org or telephone us on 01296 668 044.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a % tolerance.
2.3 The packaging of the Products may vary from that (if any) shown in images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if any Product you have ordered is not available and, if that is the case, we will not process your for that Product.
3. Use of our site
4. How we use your personal information
5. Business customers only
You may only purchase Products from our site if you are a business customer. As part of the ordering process, you will be required to register on our site to create an account and, in doing so, to provide us with details of your business.
6. The agreement between us and you
6.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7. How the contract is formed between us
7.1 We hope you will find it easy to place an order online, but if you experience any difficulty, you can contact us by telephone on 01296 668 044 or by email at email@example.com
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 If we accept your order, we will confirm our acceptance to you by sending you an e-mail that confirms our acceptance of your order (“Acceptance Confirmation”). The Contract between us will only be formed when we send you the Acceptance Confirmation.
7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product in question, we will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) changes in our business.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9.1 We will use all reasonable endeavours to fulfil your order by the estimated delivery date set out in the Acceptance Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Fulfilment of your order and completion of delivery will take place when we deliver the Products to the address you gave us for delivery purposes during the ordering process.
9.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us by telephone or by email to rearrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
10. No international delivery
10.1 Unfortunately, you cannot place an order on our site for delivery to an address outside mainland UK.
10.2 If you wish to enquire about delivery to an address outside the UK, please telephone us on 01296 668 044 or contact us by email at firstname.lastname@example.org
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.4 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Acceptance Confirmation.
11.3 The price of a Product shown on our site excludes VAT (where applicable). VAT will be added at the applicable current rate chargeable in the UK for the time being during the checkout stage of the ordering process. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product shown on our site does not include delivery charges. Our delivery charges are as quoted on our site from time to time. You will see our delivery charges when you check your Shopping Basket on our site. There may be various delivery options for which different charges will apply. Delivery charges will include delivery to your reception/goods in. Delivery charges do not include installation, but where this is available as an option (depending on the Products ordered), this will be shown on our site during the ordering process.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. How to pay
12.1 You can pay for Products using a debit card, credit card, PayPal or Sage Pay. We accept the following cards: Visa, Delta, MasterCard, Solo, Switch, Maestro, Visa Electron.
12.2 Payment for the Products and all applicable delivery (and, if available, installation) charges is required in advance. We will charge your debit card or credit card or other payment system when we accept your order.
13. Manufacturer guarantees
13.1 The Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
13.2 If you wish to return any Products to us under the manufacturer’s guarantee, we will charge you for collection and return of the Products according to our charges in force at the relevant time. Details of such charges will be available on request.
14. Our liability to you
14.1 We only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes.
14.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.4 Subject to clause 14.2 and clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Communications between us
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Maddison Business Systems Ltd at 4 Quarry Court, Pitstone Green Business Park, Quarry Road, Pitstone, Leighton Buzzard LU7 9GW, United Kingdom and/or by email at email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
16.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.4 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.7 We will not file a copy of the Contract between us.