Terms and Conditions (General)

M.A.G. Shoe Services Ltd – General Terms and Conditions

Below are listed our terms and conditions of sale and it is important that you read and understand them. If you have any queries we would be happy to answer them on 0114 2758873

1. ACCEPTANCE OF ORDERS

1.1 These Terms and Conditions shall apply to all orders for products / services received by M.A.G. Shoe Services Ltd 'the Company' for supply in the United Kingdom. No other conditions whether or not inconsistent with these Terms and Conditions shall apply.

1.2 Each order for products / services will be deemed to be an offer by the customer to purchase the products / services upon these Terms and Conditions (the 'Order'). A contract shall not be formed until the customer's order is accepted in writing by the Company (the 'Contract').

1.3 All Contracts are subject to these Terms and Conditions. The Company will accept no variation of these Terms and Conditions unless previously agreed in writing. The Company reserves the right to refuse any Order without providing a reason.

1.4 Products / services are subject to availability, in the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where the Company has already received payment for those orthotic devices / services.

2. CUSTOMER'S AUTHORITY

Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these Terms and Conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in the Company's products / services, whether in whole or part.

3. DETAILS AND SPECIFICATIONS

Details and specifications of products / services are available on request. The Company reserves the right to alter specifications of any given product and to withdraw any item without explanation or notification. Current specifications can be confirmed with the Company by telephone or email.

4. PRICES

The price for the products / services will be the price set out in the Company's price list or websites, the Company reserves the right to change any price without notice. Costs of packaging and carriage and any applicable sales tax or duty will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT must provide a validated certificate at the time of ordering.

5. PAYMENT

5.1In the absence of any concession to the contrary by the Company from time to time accounts are due and payable in full within 30 days.

5.2 If the customer fails to pay any amount due on the due date:-

(i) The company has the right to cancel any contract made with the customer and/or suspend or continue delivery of products / servicesand materials at the company's option without prejudice to the company's right to recover damages for any loss sustained by it.

(ii) The outstanding sum shall carry interest from the due date at a rate of 4% above Lloyds Bank plc base rate from time to time and for the time being in force per month until settlement. A part of a month being treated as a whole month for the purposes of calculating interest.

(iii) The whole balance of the price of this contract and all other contracts invoiced shall immediately become due and payable together with interest.

6. CANCELLATION OF ORDERS

The Company will use all reasonable endeavours to meet Customers' individual requirements but the Company shall be under no obligation to accept cancellation or other amendment to any order or any part of an Order once accepted by the Company. Where the Company agrees such cancellation or amendment to an Order, it is on the understanding that a reasonable cancellation or amendment charge may be levied at the Company's sole discretion.

7. DELIVERIES AND CARRIAGE

7.1 All Orders will be despatched by the most appropriate route. Where a customer suggests an alternative route or places an Order outside the normal schedule, the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the Order.

7.2 Deliveries will be made to the reception desk and/or ground floor at the Customer's stated delivery address. Any special delivery requirements or difficulties in delivering (e.g. narrow doorways, stairs, and restricted access) should be made known to the Company at the time of placing the Order and may be subject to additional costs. The Company cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.

7.3 The Company will use reasonable endeavours to deliver each of the Customer's Orders for the products / services within the time agreed when the Company accepts an Order and, if no time is agreed, then within a reasonable time, but the time of delivery is not of the essence. If, despite those endeavours, the Company is unable for any reason to fulfil any delivery on the specified date, the Company will not be deemed in breach of the Contract, nor (for the avoidance of doubt) will the Company have any liability to the customer for direct, indirect or consequential loss howsoever caused (including as a result of negligence) by any delay or failure in delivery. Any delay in delivery will not entitle the customer to cancel the Order or to receive a refund of any monies paid unless and until the customer has given 14 days' notice to the Company requiring the delivery to be made and the Company has not fulfilled delivery within that period. The customer shall have no other remedy in respect of late delivery.

8. RETENTION OF TITLE

8.1 All products / services supplied by the Company to the customer shall remain the property of the Company until such time as the Company has received payment in full for the products / services and of all other moneys due to the Company from the Customer. After delivery of the products / services to the Customer or his nominated sub purchaser, the products / services shall be at the customer's risk and the customer shall insure those goods against loss or damage. Until such full payment is received the separate identity of those products / services shall be maintained by the Customer.

8.2 Until such time as title of the products / services shall pass to the customer in accordance with the foregoing provision, the Company shall be entitled at any time to repossess the goods whether with or without notice and the Company and its employees or agents shall have the right at any time to enter upon the premises of the Customer for the purpose of effecting such repossession.

9. FORCE MAJEURE

The Company will not be liable to the Customer for any failure or delay in delivery of the products / services if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby.

10. WARRANTY AND WARRANTY PERIOD

10.1 products / services are supplied according to the descriptions and specifications given in the relevant information supplied by the Company. The Company gives no warranty and makes no representation as to the suitability of fitness of any products / services for any particular purpose unless expressly given or made in such information or websites.

10.2 In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time) the Company reserves the right to replace or repair the goods as an alternative to refunding the purchase price, at its absolute discretion.

10.3 Claims will not be considered where:

10.3.1 the products / services have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair;

10.3.2 the products / services have been improperly installed or connected;

10.3.3 the products / services have been damaged by fire, water, smoke or chemicals;

10.3.4 any maintenance requirements relating to the products / services have not been complied with;

10.3.5 the products / services have been specifically ordered by the Customer and are not stocked by the Company;

10.3.6 any instructions as to the storage of the products / services have not been complied with in all respects;

10.3.7 the Customer has failed to notify the Company of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 5 days of the same coming to the knowledge of the Customer where the defect or damage is not one which should be apparent on reasonable inspection.

10.4 Any returned products / services must be accompanied by a returns note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre.

10.5 The complete packaging should be retained if theft is suspected or if a breakage has occurred. If theft is suspected the Company and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed.

10.6 Except as set out in this condition 10, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist favour of the Customer.

11. CARRIAGE CHARGES

11.1 The Company reserves the right to make a small charge with respect to carriage.

11.2 Any orders that are not to main land UK may incur additional costs. These will be advised to the Customer prior to the Order being despatched.

11.3 Products / services shipped direct from suppliers may be subject to additional carriage charges. Any additional charges will be advised prior to the Order being despatched to the Customer.

12. NON-DELIVERY

In the event of non-arrival of products / services, Customers must inform the Company within 7 days of the date of the invoice or advice of despatch, otherwise no claim can be considered.

13. NON-FAULTY RETURNED PRODUCTS

13.1 Products are not supplied on a sale or return basis. If any products are returned, the products must be unused and in original packaging and fit for resale. Returns will only be accepted with prior written permission of the Company. This must be obtained within 3 working days of date of despatch.

13.1.1 In the event of Customer not being entirely satisfied with any products, notification must be made in accordance with condition 10. Failure to do so will result in credit/refunds not being issued.

13.1.2 Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 10. Unless agreed with supplier such returns are subject to any charges and transit costs imposed by suppliers.

13.1.3 the Company accepts no responsibility for products lost during transit.

13.1.4 no replacements are available whilst products are exchanged, replaced or repaired.

13.1.5 Products will not be acceptable for return if they have been relabelled or used in any way. A returns note in accordance with condition 10.4 needs to be provided by the customer in connection with all returns of non-faulty goods.

13.2 Credits will normally be allowed on authorised returns as follows:

13.2.1 goods authorised for return within 3 working days of despatch - 100% allowance.

13.2.2 any other products - no allowance.

13.2.3 customers outside of the UK, 3-day rule applies from date of receipt not despatch.

13.3 Non-faulty products accepted at the Company's discretion for credit will be subject to a handling charge at a rate of 25% on net invoice value or a minimum of handling charge of £15.00.

14. LIABILITY OF THE COMPANY

14.1 The Company's entire liability under these Terms and Conditions and any Contract is as set out in conditions 7 and 10. The Company will be under no liability to the Customer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:

14.1.1 any of the products / services, or the manufacture or sale or supply, or failure or delay in supply, of the products / services by the Company or on the part of the Company's employees, agents or sub-contractors;

14.1.2 any breach by the Company of any of the express or implied terms of the contract with the Customer;

14.1.3 any use made or resale by the Customer of any of the products / services, or of any item incorporating any of the products / services; or

14.1.4 any statement made or not made, or advice given or not given, by or on behalf of the Company or otherwise under a Contract and these Terms and Conditions.

14.2 The Company does not exclude its liability (if any) to the Customer for:

14.2.1 for breach of the Company's obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;

14.2.2 for personal injury or death resulting from the Company's negligence;

14.2.3 under section 2(3) Consumer Protection Act 1987;

14.2.4 for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or:

14.2.5 for fraud.

15. PROPER LAW

These Terms and Condition and any Contract shall be governed by & construed according to the law of England and the Customer submits to the jurisdiction of the English courts. These Terms and Conditions will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff of the Company, as they do not form part of the Contract or collateral contract.

16. CUSTOMERS DEALING AS CONSUMERS

Where a Customer 'deals as a consumer' as defined in Section 12(1) of the Unfair Contract Terms Act 1977 (as amended) these Terms and Conditions are subject to the Consumer's statutory rights, including but not limited to the Consumer Protection (Distance Selling) Regulations 2000. The Company shall in no way be entitled to exclude or limit such statutory rights.

17. MODERN SLAVERY ACT

The Company is committed to ensuring there is no slavery or human trafficking in our own business.

The prevention, detection and reporting of modern slavery in any part of our business is the responsibility of all those working for us or under our control.

The Company’s Whistleblowing policy encourages all workers, customers and other business partners to report any concerns related to its direct activities or its supply chains to the Directors or Managers of the organisation. The actions and behaviours expected of our employees when representing the Company are set down in the Company Code of Conduct.

We all have a duty to be alert to risks and employees are encouraged to raise concerns about any issue or suspicion of modern slavery in any parts of our business at the earliest possible stage.

18. COMPANY DETAILS

Trading as: M.A.G. Shoe Services Ltd, Unit 31, Jessops Riverside, 800 Brightside Lane, SHEFFIELD, S9 2RX

VAT Number: 600 0384 05

Company Registration Number: 5032201

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