Terms & Conditions
This agreement applies as between you, the User of this Website and MCL (Kent) Ltd, the owner of this website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 10 and 14 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3, 4, and 11 -13 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your
order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our
sending you an invoice by email indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Carrier” means any third party responsible for transporting purchased
Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that MCL (Kent) Ltd advertises and/or makes available for sale through this Website;
“Service” means collectively any online facilities, tools, services or information that MCL (Kent) Ltd makes right to reject such terms and associated information available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Premises” means Our place(s) of business located at Mid Kent Fencing Yard, Grove Road, Upper Halling, Nr Rochester, Kent ME2 1HZ;
“System” means any online communications infrastructure that MCL (Kent) Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by MCL (Kent) Ltd and acting in the course of their employment;
“Website” means the website that you are currently using and any sub domains of this site unless expressly excluded by their own terms and conditions;
“We/Us/Our” means MCL (Kent) Ltd, (a company registered in England under 01372102) of Mid Kent Fencing Yard, Grove Road, Upper Halling, Nr Rochester, Kent ME2 1HZ.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods online in the course of business.
4. International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MCL (Kent) Ltd, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of MCL (Kent) Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at firstname.lastname@example.org or write to Web Development Manager, MCL (Kent) Ltd, Mid Kent Fencing Yard, Grove Road, Upper Halling, Nr Rochester, Kent ME2 1HZ.
10. Use of Communications Facilities
10.1 When using Our System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable.
This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of MCL (Kent) Ltd or Our affiliates; and
10.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that MCL (Kent) Ltd reserves the right to monitor any and all communications made to Us or using Our System.
10.3 You acknowledge that MCL (Kent) Ltd may retain copies of any and all communications made to Us or using Our System.
10.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
11. Goods, Pricing and Availability
11.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
11.2 Where appropriate, you may be required to select the required size, model, and colour of the Goods that you are purchasing.
11.3 We neither represent nor warrant that Goods will be available. Stock indications are
not provided on the Website.
11.4 Whilst We endeavour to ensure that prices are correct at time of going online, prices are subject to change without notice and goods will be invoiced at the price ruling at date of dispatch.
11.5 We reserve the right to change prices and alter or remove any special offers from
time to time and as necessary.
11.6 If an item’s correct price is higher than the stated price, We will, at Our discretion, either contact you for instructions before dispatching, or cancel the order and notify you of such cancellation.
11.7 Prices quoted online shall not be taken as quotations. Unless otherwise agreed in writing, the prices do not include delivery and you shall pay delivery charges.
11.8 All prices are listed in GBP.
11.9 All prices on the Website are shown including and excluding VAT. MCL (Kent) Ltd’s VAT number is 303 7054 94.
12. Orders and Delivery
12.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. We will acknowledge that we have received this order with an Order Acknowledgement email. However, our acceptance of your order is only indicated by Us sending to you an invoice by email. Only once We have sent you an invoice by email will there be a
binding contract between MCL (Kent) Ltd and you.
12.2 Invoice emails under sub-Clause 12.1 shall contain the following information:
12.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
12.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
12.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
12.4 All Goods purchased by you will be delivered within 30 calendar days of Our Order Acknowledgement unless otherwise agreed.
12.5 The risk in the Goods shall remain with Us until they come into your physical possession.
12.6 In the absence of written instructions to the contrary, Our delivery driver or carrier shall have authority to consign goods and accept the signature by way of receipt from any person having ostensible authority to accept consignment or sign for goods.
12.7 Any date quoted for delivery shall be approximate only and We shall not be liable to you or any other person for any delay in delivery beyond Our reasonable control. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
13. “Delivery Included”/Free Delivery Conditions
13.1 We include standard UK delivery in the price of certain items. ‘Standard’ delivery is to most mainland England and Wales addresses.
13.2 Customers outside the standard delivery regions will receive a discount on their delivery charge
13.3 Delivery included offers may be withdrawn without notification.
14. Returns Policy
MCL (Kent) Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions.
14.1 If you receive Goods which do not match those that you ordered, you should contact Us within 14 calendar days to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. We are fully responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued within 14 calendar days and in any event no later
than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery cannot be refunded.
14.2 If Goods are damaged in transit and the damage is apparent on delivery, you should reject the goods or sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods, please contact Us within 2 working days to arrange collection and return. We are fully responsible for paying
shipment costs. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will
include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
14.3 If any Goods you have purchased have faults when they are delivered to you, you should contact Us within 14 calendar days to arrange collection and return. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. We are fully responsiblefor paying shipment costs. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued within 14 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery cannot be refunded.
14.4 If any Goods you have purchased develop faults within 21 calendar days of delivery, you may be entitled to a replacement but not a refund. In order to arrange for such a replacement you should contact Us within the 21 calendar day period to arrange collection and return. We will assess the Goods and alleged faults upon receipt and if We (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Goods at no additional cost to you. If no fault is found, you will be liable for any return delivery charges and may be liable for our labour
expenses at a rate of £15 per hour.
14.5 If any Goods develop faults beyond 21 calendar days from delivery but within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. When MCL (Kent) Ltd is not a party to such warranties you may be asked to contact the manufacturer of the Goods directly.
14.6 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you. If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive
the final instalment. If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued no later than 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery cannot be refunded.
14.7 MCL (Kent) Ltd may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:
14.7.1 Goods made to your specifications or that have been personalised;
14.7.2 Goods which are liable to deteriorate or expire rapidly;
14.7.3 Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;
14.7.4 Goods which are, after delivery, according to their nature, inseparably mixed with other items;
14.7.5 Goods consisting of audio or video recordings or computer software (including games) in sealed packaging where the seal has been broken after delivery.
14.7.6 Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example,
handle a display item in a shop). Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 14.7.3 or 14.7.5 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.
15.1 We do not disclose your information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of your details to any other third party.
15.2 Cookies are used on shopping sites to keep track of the contents of the shopping cart, to store delivery addresses if the address book is used, and to store information if the ‘Remember Me’ option is selected. They are also used after logging on as part of that process. In Internet Explorer, cookies can be turned off by going to ‘Tools |Internet Options | Privacy’ and selecting block cookies. If cookies are turned off, orders cannot be placed and other features that require cookies cannot be used.
15.3 Data collected by our shopping sites is used to:
15.3.1 Take and fulfil orders
15.3.2 Administer and enhance the site and service
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal information to:
16.2.1 Provide Our Goods and services to you;
16.2.2 Process your payment for the Goods; and
16.2.3 Inform you of new products and services available from Us. You may request
that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
16.4 We will not pass on your personal information to any other third parties.
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the
19. Availability of the Website
19.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and/or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. Warranties and Claims
21.1 Save as expressly provided in these conditions or as necessarily implied by statute or otherwise in relation to the sale of goods, all warranties or other terms are excluded to the fullest extent permitted by law.
21.2 Goods are warranted to accord with the normal limits of industrial quality.
21.3 Provided always that
21.3.1 the Goods are handled, assembled, installed, used, maintained and investigated in accordance with the Manufacturer’s operating and installation guidelines or other notices or written advices issued in respect of
21.3.2 MCL (Kent) Ltd is provided with such facilities for inspection and testing of the Goods as the Seller may reasonably require; and
21.3.3 the defect or suspected defect is reported to MCL (Kent) Ltd promptly and in any event prior to the warranty period, then, in respect of any defective Goods or parts of the Goods manufactured by MCL (Kent) Ltd and supplied to you under this agreement, which are established to Our reasonable satisfaction to have been defective at the time of despatch solely from faulty design, materials or workmanship, and where such defect was neither reasonably ascertainable to you or your agents on or after delivery, We shall be entitled, at the Our sole discretion, either (a) to replace the goods with the same or equivalent model or (b) to refund the price to you and We shall thereupon be under no further liability to you or (c) to repair the goods to an acceptable standard.
21.4 MCL (Kent) Ltd’s warranty does not extend to Goods not of Our manufacture, but at Our discretion, We will endeavour to obtain for and at your expense the benefit of any other warranty in relation thereto. The provisions set out in clause 21.3 are offered as an extra benefit and do not affect your statutory rights;
21.5 In the event that the cause and responsibility for a defect or possible defect as envisaged by clause 21.3 above
21.5.1 cannot reasonably and practicably be ascertained by Us; and/or
21.5.2 is not reported to Us during the warranty period; and/or
21.5.3 is previously deemed by Us not to fall within clause 21.3;
21.5.4 repair or replacement of the Goods or any part thereof or payment in respect
thereof is at the absolute discretion of MCL (Kent) Ltd;
21.6 In the event that the Goods are not handled or assembled or installed or used or maintained or investigated strictly in accordance with Our operating and/or installation instructions or other notices or advice issued in respect of the Goods, We shall have no liability whatsoever for any defect in the Goods or for any consequence arising there from;
21.7 Save as provided for in clauses 21.3.1 to 21.3.3 of these Conditions, all terms, whether made expressly or implied and whether made by the Seller or its servants or agents relating to the quality and or fitness for purpose of the Goods or any part of the Goods are expressly excluded to the fullest extent permitted by law;
21.8 Without prejudice to the generality of clause 21.7 above, in the event of MCL (Kent) Ltd
21.8.1 breaching this agreement; and / or
21.8.2 committing any tort, including the negligence of its servant or agents, We will have no liability to you save that:
220.127.116.11 We will indemnify you in respect of any death or personal injury caused thereby and in respect of which no limitation or exclusion is intended;
18.104.22.168 We will indemnity you in respect of any Fraud on behalf of MCL (Kent) Ltd subject to the exclusions and limitations set out in clauses 21.9 to 21.12 below;
21.9 Without prejudice to the generality of the above, in no event shall We be liable for :
21.9.1 any pollution or contamination of land or waters whether arising directly or indirectly from any breach or tort;
21.9.2 any damage to property whether arising directly or indirectly from any breach or tort;
21.9.3 the cost of assessing or preventing or minimising or mitigating or rectifying or allaying any pollution or contamination of land or waters whether arising directly or indirectly from any breach or tort;
21.9.4 the cost of assessing or preventing or minimising or mitigating or rectifying or allaying any damage to property whether arising directly or indirectly from any breach or tort;
21.9.5 loss of profits, business revenue, goodwill or anticipated savings whether arising directly or indirectly from any breach or tort;
21.9.6 consequential loss or damage;
21.9.7 any indemnity in respect of 21.9.1 to 21.9.6 above.
21.10 It is hereby acknowledged and accepted that it is the parties expectation that the service of any remediation notice or notices under part IIA of the Environmental Protection Act 1990 should generally lie as against the Purchaser or, if different, the owner and/or user of the Goods and/or occupier of the land not as against MCL (Kent) Ltd;
21.11 You will indemnify MCL (Kent) Ltd in respect of :
21.11.1 the cost of any action taken pursuant to a remediation notice served on MCL (Kent) Ltd under part IIA of the Environmental Protection Act 1990;
21.11.2 any liability for the cost of remediation undertaken by any third party.
21.12 Not withstanding the foregoing:
21.12.1 our liability for all the losses caused by the breach or tort giving rise to a claim, shall be limited to damages of 3 times the purchase price of the goods (excluding installation costs) and which you have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.
21.12.2 Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to
you for any death or personal injury resulting from our negligence
22. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any
delay in doing so or for any damage or defect to goods delivered that is caused by any event
or circumstance beyond our reasonable control including, without limitation, strikes, lockouts
and other industrial disputes, breakdown of systems or network access, flood, fire,
explosion or accident.
23. Drawings and Moulds
Where the Price includes part cost of drawing and moulds, the ownership of the drawings
and moulds shall at all times belong to the Seller including copyright.
24. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
25. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
26. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and MCL (Kent) Ltd.
27.1 All notices/communications shall be given to Us either by post to Our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on
a weekend or public holiday.
27.2 We may from time to time send you information about Our products and/or services.
If you do not wish to receive such information, please click on the unsubscribe link in
any email you receive from us.
28. Law and Jurisdiction
These Terms and Conditions and the relationship between you and MCL (Kent) Ltd shall be
governed by and construed in accordance with the Law of England and Wales and MCL (Kent) Ltd
and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.