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STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS AND SERVICES BY:
mprc Web Services
1 DEFINITIONS
In this document the following words shall have the meanings:
1.1 "Buyer" means the person who buys Goods and/or Services from the Seller;
1.2 "Contract" means any arrangement made verbally or in writing, to supply goods and services on a formally agreed basis, which can include but is not limited to: the supply of such goods and services at a price that may or may not be fixed, discounted or otherwise, for a pre determined period of time that is either agreed to by the Buyer entering into a contract and may or may not include a continuous service, or is offered on a formal basis by the Seller.
1.3 "Goods or Services" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods and/or Services maintained by the Seller as amended from time to time;
1.5 "Seller" means mprc Web Services and its' authorised agents acting for and on behalf of mprc Web Services;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing between the Buyer and the Seller during the setting up of any Contract;
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods and Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer;
2.2 All orders for Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods and Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason;
2.3 Acceptance of delivery of the Goods and Services shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions;
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller;
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights;
3 PRICE AND PAYMENT
3.1 The price of the Goods and Services shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is exclusive of any delivery charges. Services delivered electronically will not incur any delivery charges;
3.2 Payment of the total purchase price (including any delivery charges) must be made in full before despatch of the Goods. Payment will be accepted by electronic means (PayPal) or by Bank Transfer/Standing Order.
3.3 In the case of ongoing services which run for a period of 3 months or more, payment will be accepted on a subscription basis via the same methods described in 3.2 above;
3.4 In certain circumstances and only after written agreement has been given by the Seller, payment may be accepted by Bank Transfer. In the case of such an arrangement being formally agreed, any payments received by Bank Transfer will be subject to 5 working days clearance prior to any ordered service being implemented.
3.5 In certain circumstances and only after written agreement has been given by the Seller, payment may be accepted on a subscription basis, as identified in 3.3 above, by Bank Standing Order.
3.6 Prices may be amended after notice given on this website, or in an email sent to the Buyers last known email address. The notice period will be not less than 7 working days prior to the advised implementation date;
3.7 Unless a price has been agreed in writing for a specified period, then prices will be amended immediately following the expiry of the 7 working days notice.
4 DELIVERY
4.1 Delivery of the Goods and Services shall be made by the Seller notifying the Buyer that the Goods and Services have been despatched or in the case of non physical items, implemented, on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods and Services, wherever possible, will be delivered within 7 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods, or such necessary arrangements for implementation the agreed Services whenever they are tendered for delivery or implementation.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery of Goods, or implementation of Services. In any event 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 third party arising directly or indirectly out of any failure to meet any estimated delivery or implementation date;
4.4 Physical Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date. Services will generally be implemented on the agreed date. In the event of the Buyer not having made the necessary arrangements to allow implementation of any Service requiring such arrangementsto be made, then charges will continue to apply until such time as the necessary arrangements have been completed and the completion of such arrangements notified to the Seller;
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. In the case of non physical or intangible items, there is no transfer of Title or ownership at any time;
5 WARRANTY
5.1 The Seller warrants that the Goods or Services will at the time of delivery or implementation, correspond to the description given by the Seller and are fit for the purpose for which the items have been manufactured or the Services have been designed. No liability will be accepted by the Seller, for any goods fit for the intended purpose but used by the Buyer in a manner not intended by the manufacturer. The Seller can also accept no liability for the non-implementation of any recommendations contained in any report, unless those recommendations have been carried out by the Seller or its authorised agents;
5.2 Where such liabilty occurs, this is limited to the restoration of any web page or Website to the condition prevailing prior to any direct implementation of any recommended changes or amendments;
5.3 In respect of any recommended changes or amendments carried out directly by the Seller, the Seller will endeavour to ensure that existing Website or web page content has been fully backed up prior to the implmentation of any changes;
5.2 Goods that are faulty of manufacture will be replaced or fully refunded if notified in writing to the Seller within 48 hours or receipt by the Buyer. Services and intangible (non-physical Goods) will only be refunded in the event of the Seller being unable to complete the implementation of any agreed Service for any reason other than the Buyer's failure to make the necessary arrangements required that allow the Seller to execute the agreed Service.
5.3 Domain Name registration fees are non-refundable under any circumstances.
6 CANCELLATION AND RETURNS
6.1 Where physical Goods have been supplied by the Seller, the Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract terms. The Buyer is strongly advised to mark any obvious damage on the carrier's despatch note when signing for goods received.
6.2 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective. In the event of a Buyer needing to return a large item, of bulk, or in excess of 5kg, the the Seller will make arrangements for the return of such goods. In all cases, a Returns Authority Number must be obtained, by the Buyer e-mailing the Seller within the specified time limits.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package and the RMA number issued by the Seller.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault, the Buyer will be liable for the cost of remedying such damage.
6.5 In the event of any dispute relevant to the cause of any damage due to mishandling in any way, the Seller will at his discretion, use the services of an independent inspector to identify and confirm the cause of any damage or loss of function. If the findings are such that the damage malfunction was caused outside of the control of the Seller, then the Buyer may become liable for the costs of inspection.
6.6 Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
6.7 The Seller reserves the right to reject otherwise non-faulty Goods received back in unsaleable condition, which includes but is not limited to: damage caused to the fabric or packaging of the item by tobacco smoke or the effects of cigar, cigarette or pipe ash, food particles, animal droppings, fur or feather and detritus of any description that could not reasonably be expected to be within or on the packaging or the item under the normal process of manufacture, packing or storage following manufacture.
6.9 In the event of returned Goods being rejected by the Seller, any such items will be held in safe storage by the Seller, on behalf of the Buyer for a period of 30 days from receipt back from the Buyer
6.10 Certain groups of products may not be returned for hygiene reasons once opened. These groups include, but are not limited to, shavers/razors, epilators, headphones/earphones, baby products.
6.11 In the event that a Service supplied by the Seller is no longer required by the Buyer, then the Seller will at its sole discretion, terminate any Contract that has been agreed between the Buyer and the Seller and refund any advance payment made, less a cancellation charge of up to 10% of the total Contract value;
7 GUARANTEES
7.1 In addition to the Buyer's statutory rights, the Seller guarantees via the manufacturer, all Goods against faulty workmanship and materials for a period of 12 months (unless the warranty period is described differently in any product details or literature) from the date of delivery.
7.2 In the case of non-physical goods and services the guarantee is limited to the reasonable execution of the ordered service and excludes failures caused by factors outside the control of the Seller.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price paid for the Goods or Services, excluding any delivery costs.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
9.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10 SEVERANCE
10.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by and construed in accordance with the law of United Kingdom and the parties hereby submit to the exclusive jurisdiction of the British courts.
12 DISTANCE SELLING REGULATIONS
12.1 The Distance Selling regulations do not apply to any agreement to Buy or Sell Goods and Services to any business entity or organisation. The regulations, which allow a 7 day 'cooling off' period, apply only in the case of sales to private individuals and are part of Consumer Law. All sales and Contracts entered into by mprc Web Services will be deemed to be on a business to business basis only.
13. ACCEPTANCE
13.1 By confirming the purchase of any item offered directly for sale within this site, the Buyer is deemed to have accepted the Terms and Conditions of Sale as laid out in the foregoing paragraphs 1-12 inclusive. If the Terms and Conditions of Sale are not acceptable to the Buyer, then the Buyer should not proceed with any order.
14. LEGAL
14.1 Nothing contained in these conditions of sale can be construed as conferring any legal rights over and above the due process of law as applied to any transaction or Contract of Sale between the Seller and the Buyer.
E & O.E. © 2008 mprc Web Services. All rights reserved
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