1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in red and those specific to businesses only are in blue.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2.1 Who we are. We are Maxton Design Ltd a company registered in England and Wales. Our company registration number is 09084664 and our registered office is at Maxton House, 7 Gilhusum Road, Leeds, United Kingdom, LS27 7FN. Our registered VAT number is GB 191105336.
2.2 How to contact us. You can contact us by writing to our customer service team at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Registration may be required if you wish to use some of the features available on this website. During registration, you are required to provide information that is true, accurate and current. If an order has been placed and this information is not current, please notify us at the following e-mail address firstname.lastname@example.org.
You will be presented with two account types when registering on our website. Only select ‘dealer’ if you have completed our registration process. You can enquire about becoming an authorised dealer by contacting us at email@example.com.
4.1 How we will accept your order. Once we have received confirmation that your payment has been authorised it will be processed on the next working day. An e-mail will be sent to you to acknowledge your order, it will confirm the goods, price and delivery charge. Please note, our acceptance of your order (regardless of the content of any emails we send you) will only take place on despatch, at which point a contract will come into existence between you and us. Any order placed by a dealer will only be accepted on the basis that any returns are dealt with by that dealer unless an agreement is made with us to the contrary.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we are unable to obtain authorised payment or the payment process is incomplete, because you fail to meet any criteria for eligibility of purchase that we may impose in the future, because we suspect that your order is related to fraudulent activity, because you fail to submit all necessary and relevant details to allow us to fulfil the order, because goods have become unavailable due to failing a quality control inspection, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 We may contact you by phone or email to verify details before we despatch your order if the following applies:
(a) Your order is of particularly high value.
(b) The shipping and billing addresses do not match.
(c) We have not received enough payment to ship the order i.e. The wrong state/ region was selected upon purchase.
(d) Changes to our Couriers shipping policies.
4.5 We are unable to discuss orders placed through our registered dealers. Any queries regarding purchases through dealers must be brought directly to their attention, we can then liaise with them directly regarding any concerns/ queries with your order.
5. Our products
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website. Products cannot be individually packed per order. The calculated shipping cost is to ship the full order as efficiently as possible so you pay the least amount of shipping.
(a) If the products are goods. The date for delivery of the goods is not known at time of sale, any date provided is an estimate and is dependent on the provision of the goods to us by our manufacturer. We will do our best to secure delivery of the goods in time for the estimated delivery date (if any) but do not guarantee the time of delivery. If the products are goods and are shown to be in stock, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If the products are goods and are not in stock on our website we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which the item comes back into stock. You will receive tracking information to the email address which is provided on the order upon dispatch of the product(s), depending on the courier used, you may also receive an SMS notification.
(b) If the products are ongoing services or a subscription to receive goods. We will supply the goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. You must ensure somebody is present or suitable arrangements are made for when the delivery takes place. If this is not possible, using the tracking provided you can re-direct the delivery to a neighbour/ safe location. If there are any issues once the tracking is received, this must be brought to our attention within 1 working day. We are not responsible for items that are lost/stolen from being left at a safe place of your choice.
6.5 If an order is returned to us. If an order is returned to us due to an incomplete address, too many delivery attempts, a refusal of parcel without damage evidence or refusal to pay customs charges, you will be charged for the return delivery to the sender and we may charge you for storage costs and any further delivery costs. These funds will be deducted from the original payment and may take up to a week to process. Other reasons may need to be reviewed given the circumstances of the automatic return. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.6 If a parcel is damaged. You must notify Maxton Design Ltd and the courier responsible for delivering your item within 24 hours of receiving a damaged parcel. Any damaged parcel enquiry brought to our attention after 24 hours from the date of delivery will be refused as to coincide with our contracted courier service policies.
6.7 Customs. It is the customers responsibility to check the duty rates for orders delivered to your country, the amount must be paid to clear the item via customs, so the courier service can continue delivery.
6.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time the product is delivered to the address you gave us.
6.9 When you own goods. You own a product which is goods once we have received payment in full.
6.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
(c) If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
Please note that if your order was placed with one of our dealers, the return will have to be arranged with them.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
Consumer to pay costs of return.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) Items sent back to us that are not in their original condition with the protective film and holographic verification sticker attached. Failing to return a product in its original condition means the return will not be accepted if the product is sent regardless of this information the customer must then arrange collection from our store within 7 days if they would like to receive their item back.
7.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought goods? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
7.7 Ending the contract where we are not at fault, there is no right to change your mind and the contract has been completed. Consumers outside of the 14 day ‘cooling off period’ may return goods to us within 30 days from the date of delivery. Businesses may also return goods to us within 30 days from the date of delivery. All items must be sent back to us in their original condition, as received, failing to do so means the return will not be accepted. Please note that we charge a restocking fee of £15.00 for returns for businesses and for consumers outside of their 14 day ‘cooling off period’. This fee covers the cost of restocking the products and will be deducted from your refund. The fee is charged per return. The majority of our items come with a fitting kit and manual, failing to return these will incur an additional £10 charge. Any return which has exceeded 30 days will not be accepted, if the product is sent regardless of this information the customer must then arrange collection from our store within 7 days if they would like to receive their item back. All clearance items are exempt from returns for businesses and consumers outside of their 14 day ‘cooling off period’. Any business or consumer outside of their 14 day ‘cooling off period’ making a return under this clause is responsible for paying for the return of their goods. The original delivery fee will be deducted from refunds made under this clause.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) By email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By phone. Call us on +44(0)1274046540.
(c) By post. Write to us at Maxton House, 7 Gilhusum Road, Leeds, United Kingdom, LS27 7FN, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Maxton House, 7 Gilhusum Road, Leeds, United Kingdom, LS27 7FN. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(b) if you are ending the contract because we have told you of an upcoming change to these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
8.5 When we will refund delivery costs. Delivery will only be refunded:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) If you are a consumer exercising the right to change your mind under clause 7.3 (subject to clause 8.7(b)).
8.6 How we will refund you. If you are entitled to a refund we will refund you using the method you used for payment. However, we may make deductions from the price, as described below.
8.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. For example, items must be sent back to us in their original condition with the protective film and holographic verification sticker attached. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. The majority of our items come with a fitting kit and manual, failing to return these will incur an additional £10 charge.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com or Maxton House, 7 Gilhusum Road, Leeds, United Kingdom, LS27 7FN.
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 7.3.
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services on firstname.lastname@example.org or Maxton House, 7 Gilhusum Road, Leeds, United Kingdom, LS27 7FN for a return label or to arrange collection.
12.2 Subject to clause 12.3, if:
(c) you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
12.4 Except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
13.1 All products must be properly inspected prior to installation, as a means to locate any possible damage or defects. Installing or changing the received condition of the product and then notifying us of an issue may void any returns.
13.2 Most of our products come with a fitting kit and manual which must be followed for correct installation. If the product you have purchased does not come with a fitting kit/manual and you are unsure about the installation process, please contact us immediately for assistance. Or, use our digital fitting manuals which can be found at the bottom of our website.
13.3 If a customer or professional body-shop decides to install the items we are not responsible for and cannot be held liable for any costs incurred in relation to installation, repair, maintenance or removal of products supplied by Maxton Design UK or any costs associated with the effects of improper fitting or improper use.
13.4 A test fit should be carried out before installation, if you have any fitment issues you must contact us within 7 days of receiving your order. Any information requested by us must be provided to ensure we can properly investigate and determine the issue in question, otherwise we may be inclined to dismiss the requested case/investigation.
13.5 Once installed, goods should only be cleaned and treated with suitable products. Maxton Design Ltd accepts no liability for damaged caused to goods due to the use of unsuitable products.
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. We accept payment via Card, PayPal or Bank Transfer. These payment methods can be selected when placing your order on the website. When buying goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our office is open from Monday to Thursday between 9.00am and 4.30pm and Friday 9.00am to 3.00pm. During these hours we aim to answer all enquiries via both telephone and email. Please see advice below on our response times for different enquiries:
We aim to respond to all general enquiries with in a 24 hour period, during peak times this may vary.
If the item you have received is not as it should be i.e. Manufacturing issue or the incorrect item is sent, we aim to have a response within 2 working days but please allow up to 7 working days for more complex issues.
If you are experiencing issues with delivery i.e. The tracking is not working, the parcel is showing as signed but not received, we aim to have a response the same working day, though this can be delayed if we are awaiting a response from the courier service.
15.4 Shipping Quotes:
If you are experiencing issues with shipping to your location on our website, please contact us with your full shipping address and a list of the product codes you are trying to order. We aim to have a response within 1-2 working days.
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1; and for defective products under the Consumer Protection Act 1987
16.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
17.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3 Subject to clause 17.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to total sums paid by you for products under such contract.
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 19.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
19.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
19.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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