|Terms and Conditions|
ROUSE MARKETING LTD TERMS AND CONDITIONS OF SALE
Orders placed on www.mundoproducts.co.uk will be accepted on the understanding that the Buyer accepts these e-commerce terms and conditions.
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" means someone who buys Goods from the Seller and who does so otherwise than in the course of a business;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these terms and conditions;
1.4 "Goods" means the Goods and/or services that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Rouse Marketing Limited, a company incorporated under the Companies Act and having its registered address at Whetstone Barn, Bayton Lane, Horsforth, Leeds LS18 5EZ;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document;
1.7 "Website" means this website (or any replacement website substituted therefor by the Seller).
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts from the sale of Goods by the Seller to the Buyer through the website and shall prevail over any other documentation or communication from the Buyer. For the avoidance of doubt, the Seller reserves the right to amend the Terms and Conditions at any time without notice, and the Terms and Conditions applicable to each such contract between the Buyer and Seller shall be those prevailing at the time of an order being placed by the Buyer.
2.3 Submission by the Buyer of an order for Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 No variation of these Terms and Conditions (including any special terms and conditions agreed between parties) shall be permitted.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance in all cases by the Seller. The Seller may choose not to accept any order for any reason. It should be noted that a simple acknowledgement of order might also be issued which shall not be deemed to be acceptance of any order. It is only upon acceptance of an order by the Seller that a legally binding Contract for the sale of the Goods will exist.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and wait to receive a full refund.
3.3 It may not be possible for the Seller to deliver the Goods to certain locations.
3.4 Certain security checks may also need to be carried out by the Seller, in which event any sale to a Buyer is subject to the Seller receiving satisfactory results (at its sole discretion) from such checks.
4. Price and Payment
4.1 The price of Goods shall be that stipulated on the Seller's website.
4.2 The total cost of the order will include cost of Goods ordered, VAT and postage and packaging.
4.3 Payment of the price, plus VAT, packaging and delivery charges must be made in full before dispatch of Goods. Payment is to be made by credit or debit card as stated on the website. All orders are subject to authorisation of payment and funds being available, prior to the dispatch of Goods.
5. Rights of the Seller
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion and at any time.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time, and whether or not a Buyer has placed an order for such Goods.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to accept an order.
6.1 The Seller cannot disclose every detail of the Goods in the Website and each description is therefore abbreviated and is correct at the time of its input. The Seller reserves the right to alter the specification/description of Goods on the Website without notice.
6.2 Except where the Buyer is dealing as a consumer, all other warranties, conditions, or terms relating to fitness for purpose, satisfactory quality or condition of the Goods, whether implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the Goods and made by the Seller is given in good faith, but it is for the Buyer to satisfy himself/herself as to the suitability of the Goods for the Buyer's purpose.
7.1 Goods supplied within the UK will normally be delivered within 7 days of receipt of order and clearance of payment.
7.2 Delivery of goods supplied outside the UK will vary subject to location.
7.3 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 date.
7.4 Delivery of Goods will be to the address as given on the order form by the Buyer. The Buyer will make all arrangements necessary to take delivery of the Goods including collecting from a Royal Mail location if required.
7.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8. Cancellation and returns
8.1 The Buyer may cancel the Contract with the Seller for the Goods at any time up to the end of the fifth working day from the date the Buyer receives the ordered Goods. The Buyer does not need to give any reason for cancelling the Contract, nor will the Buyer have to pay any penalty other than carriage costs and costs of returning the goods if they have been dispatched. If the Goods have been opened or used, they may not be returned unless faulty.
8.2 The Buyer must notify the Seller in writing or by email to firstname.lastname@example.org of any cancellation of the Contract.
8.3 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postage charges if the Goods are in fact defective.
8.4 Goods to be returned must clearly quote the order number obtained from the Seller on invoice.
8.5 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.
8.6 The Seller may cancel the Contract for the sale of Goods if it has insufficient stock to deliver Goods or the Buyer's delivery address is a location to which the Seller does not deliver or if one or more of the Goods the Buyer orders was listed at an incorrect price due to an error. If the Seller does cancel any Contract it will credit any payment made. The Seller will not be obliged to offer any additional compensation for disappointment suffered.
9. Limitation of liability
9.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Terms and 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 loss of damage whatever suffered by the Buyer or any third party.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller of that of the Seller's agents or employees.
10.1 No wavier or delay by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. Force Majeure
11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, terrorism, breakdown of plant machinery or shortage or unavailability of goods from a source of supply, and in such circumstances the Seller shall be entitled to a reasonable extension of time to perform its obligations. The Seller shall endeavour to notify the Buyer as soon as possible should any such events or circumstances occur.
12.1 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.
13. Changes to Terms and Conditions
13.1 The Seller shall be entitled to change these Terms and Conditions at any time.
14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.