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Terms & Conditions
1.Definitions
1.1 The “Buyer” means the Account Applicant or person who buys or agrees to buy goods from the Seller.
1.2 The “Seller” means MCSPORTS
1.3 ”Conditions” means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2.Conditions
2.1 These “Terms and Conditions” do not affect your statutory rights as a comsumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which prevail over any other document or communication from the buyer.
2.3 If any amendments to this term and conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of Delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
3.Prices
3.1 The price shall be that on the Sellers current list price, web site or if applicable the price contained in the Sellers Quotation.
3.2 Should a products price change between receipt of order and despatch the buyer will not be notified and given the opportunity to cancel the order and receive a full refund.
3.3 All prices shown on this website are inclusive of VAT.
3.4 The total purchase price including Delivery Charges will be displayed in the Buyers shopping cart prior to confirming the order.
3.5 In the case of comsumer sales, payment must be made in full before despatch of any goods.
3.6 All Goods are offered for sale subject to Availibility.
4 Out of Stock Orders
4.1 All items out of stock will be automatically back ordered.
5.Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract terms 1977,Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute. Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
5.2 While every effort is made to ensure that the product specifications on this web site are accurate, manufacturers do add and remove functionality in their products as the software is developed. Inevitably there will be a delay before the product descriptions are updated reflecting these changes. It is highly recommended that an evaluation of the chosen product(s) is carried out to ensure that it meets your functional requirements prior to purchase.
6.Delivery
6.1 Products supplied within the UK will normally be delivered within 10 working days of receipt of order.
6.2 Where a specific delivery date has been agreed , and if this delivery date cannot be met the Buyer will be given the opportunity to agree a new delivery date or receive a full refund.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take Delivery of the Goods whenever they are tendered for delivery.
7.Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Sellers premises at the buyers request.
7.2 The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which and claim defect or damage is made shall be preserved bu the Buyer intact together with the original packaging at the Buyers risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect of Collect the Goods or
b) at the Sellers option returned by the Buyer to the Seller who will refund the cost of the postage and packaging to the Buyer if the Goods are in fact defective.
7.5 Goods ordered in error are subject to a surcharge if returned all Goods to a 15% minimum restock charge.
7.6 Goods which are returned without prior authorisation by our company subject to a 25% restocking charge.
7.7 All items returned for credit must be in A1 saleable condition and in their original packaging.
8.Claims
8.1 Non Delivery of Goods must be advised in writing to us within 10 days of invoice otherwise you are liable to the cost of Goods as invoiced.
8.2 Shortages must be advised in writing to ourselves and carriers in receipt.
9 Force Majeure
9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes,Lockout, Floods and Failure of third parties to deliver goods the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
10.Waver
10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11.Liability
11.1 Except as may be implied by Law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12. Complaints
12.1 If you have a complaint about our service or any goods or services you purchase from MCSPORTS then please contact us immediately. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within 5 working days.
12.2 All complaints will be dealt in a fair and confidential manner.
13. Misc
13.1 Any contracts shall in all respects be construed and operate as an English Contract and in conformity with English Law.
13.2 If any part of these Terms and Conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these Terms and Conditions.
14 .VAT
14.1 V.A.T. (value added tax) will be added to all invoices, except export at current rate.
14.2 All prices shown in this catalogue is inclusive of V.A.T.
15.Carriage
15.1 Orders above £150 nett carriage will be FREE within the UNITED KINGDOM.
15.2 Orders within the UNITED KINGDOM will be £3.50.
15.3 Orders worldwide will be £6.00.
15.4 Some product ranges are subject to an additional carriage charge of excess weight of the product.