PH: 01920 444351

Terms

1. Format of the Contract

1.1 These terms and conditions of sale apply to all goods and services supplied by MDI Worldwide UK ltd. whose registered office is at 108 High Street, Stevenage,Herts. SG1 3DW, United Kingdom, registered in England and Wales No. 4438277 (the "Supplier"). In these terms and conditions “you” and “your” as appropriate refer to the buyer and “us”, “our” and we refer to the Supplier and any other associated company. “Days” refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated.1.2 We are pleased to accept orders subject to the terms and conditions of sale as stated below. Your use of our website (“mdiworldwide.co.uk”) and purchase of the goods or services on it (“Products”) means that you agree to these terms and conditions (“Terms”). We expressly reject any different of additional terms and conditions in any documentation submitted by you and no variation of these Terms shall be binding unless agreed by letter signed by our Authorised Representative. Please read the Terms carefully before placing your order. We advise you to retain a copy of the Terms for your future reference. 1.3 No contract exists between you and us for the sale of any Products until we have received and accepted your order and we have received payment in full (in cleared funds). 0nce we do so, there is a binding legal contract between us. 1.4 An acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the Products will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms. 1.5 The contract is subject to your right of cancellation (see below). 1.6 We may change these Terms without notice to you in relation to future sales.

 

2. Description and price of the Products

2.1 The description and price of the Products you order will be as shown on our website at the time you place your order. The price for each product is shown on mdiworldwide.co.uk in UK Sterling [and excludes or includes VAT at 20% where appropriate] 2.2 Prices do not include charges for delivery. This will be additional depending on the value of the order or weight of the products. 2.3 The Products are subject to availability. 2.3.1 If on receipt of your order the Products you have ordered were shown in stock and are then not available in stock, we will inform you as soon as possible and advise you of the earliest possible delivery date. If you wish to cancel your order at this point, you must immediately send an email to sales@ mdiworldwide.co.uk stating your order acknowledgement number and that you wish to cancel your order. On receipt of your email, we will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the Products. 2.3.2 If on receipt of your order the Products you have ordered were shown not in stock we will inform you as soon as possible and advise you of the earliest possible delivery date. If you wish to cancel your order at this point, you must immediately send an email to sales@mdiworldwide.co.uk stating your order acknowledgement number and that you wish to cancel your order. On receipt of your email, we will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the Products, but we will retain a cancellation fee of £1.00.2.4 Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If we do not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Products. 2.5 We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.

 

3. Payment & Security

3.1 Payment for the Products and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence. 3.2 There will be no delivery until cleared funds are received. 3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you. 3.4 We accept all major credit and debit cards in partnership with Sagepay. For security purposes, we will only deliver to the cardholder’s address.3.5 To ensure that your online shopping experience is secure, your credit / debit card details will be encrypted on a secure server to minimise the possibility of someone being able to read them as they are sent over the Internet. 3.6 How do we Protect Customer Information? 3.6.1 When you place orders or access your account information, we offer the use of a secure server. 3.6.2 For credit card transactions, we add security by using Secure Sockets Layer (SSL) technology, with 128 bit encryption. This means that the credit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between 3.6.3 Furthermore, as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.

 

4. Delivery

4.1 The Products you order will be delivered to the address you give when you place your order. Deliveries are normally made between the hours of 9am to 5pm Monday to Friday. 4.2 0rders placed before 12:00 pm (noon) on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) 4.2.1 Where on the website we have indicated items in stock, we shall endeavor but not guarantee to deliver the Products, once ordered within 3 working days. 4.2.2 If some items are not in stock, or the balance is not in stock, we shall inform you by your email address of the same, and advise you of the anticipated delivery date.4.3 If delivery cannot be made to your address for reasons under our control we will inform you as soon as possible.4.4 You will need to sign for your delivery unless you specify special delivery instructions in advance. If you deliberately fail to take delivery of the Products (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to us, we may: 4.4.1 store the Products until actual delivery and charge you for reasonable costs (including insurance) of storage; or 4.4.2 sell the Products at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products. 4.5 If you fail to take delivery because you have cancelled your contract according to Distance Selling Regulations shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the Products, less any expenses incurred for failed delivery. 4.6 Every effort will be made to deliver the Products as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible. 4.7 Time for delivery shall not be of the essence. The Products may be delivered by us in advance of the quoted delivery date. 4.8 Upon receipt of your order you will be asked to sign for the Products received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter. 4.9 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery. Claims for damages and or shortages made after 48 hours of your delivery arriving will be refused. Time and date of delivery is recorded with our carriers.4.9.1 To make a claim for any damages and or shortages you must immediately send an email to sales@mdiworldwide.co.uk stating your invoice number and the details of the damages or shortages.4.9.2 You must then arrange for any damaged Products to be returned to MDI Worldwide UK Ltd. c/o Davies Turner Ltd, 9/10 Brickfields, Huyton Business Park, Huyton, Merseyside, L36 6HY, United Kingdom within 7 working days of your claim at your cost, for us to be able process your claim further.4.10 Keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.

 

5. Risk/Title

5.1 Risk of loss passes to you on our delivery of the products to the common carrier, and any claims for loss or damage must be made by you directly with the common carrier.  We will not be responsible for insuring shipments unless specifically requested by you, and any insurance requested by you will be at your expense.] 5.2 0wnership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of: 5.2.1 the Products and 5.2.2 all other sums which are or which become due to us from you on any account. 5.3 We shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from us.

 

6. Title for Business Customers

6.1 If you are a business customer until ownership of the Products has passed to you , you must: 6.1.1 store the Products (at no cost to us) separately from all your other Products and goods of any third party in such a way that they remain readily identifiable as our property; 6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. 0n request you shall produce the policy of insurance to us; and 6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 in trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 6.2 If you are a business customer your right to possession of the Products shall terminate immediately if: 6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or 6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or 6.2.3 you encumber or in any way charge any of the Products.

 

7. Your right of cancellation and Returns Policy

7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the Products (see below), providing the Products have not been fitted or modified in any way and providing they are returned with the original packaging and providing the Products are in a resalable condition. 7.2 To exercise your right of cancellation, you must immediately send an email to sales@mdiworldwide.co.uk stating your order acknowledgement number and that you wish to cancel your order. You must then arrange for the Products to be returned to MDI Worldwide UK Ltd. c/o Davies Turner Ltd, 9/10 Brickfields, Huyton Business Park, Huyton, Merseyside, L36 6HY, United Kingdom within 7 working days of informing us of your cancellation and returning them at your cost.7.3 If you exercise your right of cancellation after the Products have been dispatched, you will be responsible for returning the Products to us at your own cost. You must take reasonable care to ensure the Products are not damaged in the meantime or in transit. 7.4 0nce you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the Products only, and not for the packing and shipping costs, only after the cancelled items have been received in good condition by us.7.5 If you do not return the Products as required, we may charge you a sum not exceeding the direct costs of recovering the Products.

 

8. Warranty

8.1 All Products supplied by us are warranted free from defects for 12 months from the date of delivery to you (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. 8.2 This warranty does not apply to any defect in the Products arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval. 8.3 If the Products supplied to you are damaged on delivery, you should notify us in writing via the e-mail address sales@mdiworldwide.co.uk or fax to 01920 444352 within 7 days. Initially you will be responsible for returning the Products to us at your own cost, your return will be inspected upon delivery to us and providing the Products have been returned as required you may be issued with a refund for the carriage costs incurred. The Products must be returned to the address shown below. You must take reasonable care to ensure the Products are not damaged further in the meantime or in transit. 8.4 If the Products supplied to you develop a defect while under warranty or you have any other complaint about the Products, you should notify us in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. Initially you will be responsible for returning the Products to us at your own cost, your return will be inspected upon delivery to us and providing the Products have been returned as required you may be issued with a refund for the carriage costs incurred. The Products must be returned to the address shown below. You must take reasonable care to ensure the Products are not damaged further in the meantime or in transit.

9. Limitation of Liability

9.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products. 9.2 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation. 9.3 If you are a business customer, we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement. 9.4 Our liability for direct loss or damage arising from damage to tangible property for which we are liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made. 9.5 The limitation on any exclusion from liability contained in these Terms shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977. 9.6 We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

 

10. Applicable Law; Interpretation and Jurisdiction

10.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.10.2 These Terms only cover the mdiworldwide.co.uk web site. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for web sites that are not under our control. 10.3 We are required by law to inform you that sales can only be concluded in English.

 

11. Copyright Notice and Other Intellectual Property Rights

11.1 All content in what ever format found on mdiworldwide.co.uk web site is copyright of its respective owner and legal action may be taken if any person(s) or business is found using the content found on mdiworldwide.co.uk web site without permission in advance. 11.2 We do not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them. The copyright in mdiworldwide.co.uk web site and the content of all the software, web site and pages relating to the mdiworldwide.co.uk web site is owned by, or licensed to us, unless otherwise specified and may not be used, copied or altered without our express consent. 11.3 Copyright extends to the design, look and feel of mdiworldwide.co.uk, all photographs on it and its marketing materials. 11.4 MDI Worldwide UK Ltd, mdiworldwide.co.uk and our logos are our trade names or trade marks and may not be used by anyone else without our express permission. 11.5 Some product images and product descriptions within the mdiworldwide.co.uk website are copyrights of their respective owners. All brand names, logos and trademarks are property of their respective owners.11.6 In addition to the above copyright notice any person/persons or businesses wishing to use hyperlinks or links in any other format to link mdiworldwide.co.uk must first obtain permission in writing and legal action may be taken if deemed necessary by us if permission was not obtained in advance or if permission was denied. 11.7 You do not acquire any property rights in designs, sketches, drawings, production methods, composition of products, software, or other intellectual or proprietary property that have been or may be made available to you in connection with the purchase of Products from us, and we will remain the exclusive owner of any intellectual or proprietary property rights relating to the Products.

 

12. Errors & Omissions

12.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services. 12.2 All descriptions and illustrations of Products in any catalogue, brochure, information on the mdiworldwide.co.uk website, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us. 12.3 We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations. 12.4 We will promptly correct any errors brought to our attention.

 

13. Statutory Rights

All statements, guarantees or warranties in these Terms are additional to and do not affect your statutory rights. These Terms are subject to change at any time without prior notice to you.


Revised 05/11/07