MCD Home & Garden (UK) Ltd (trading as MCD Pro Tent) Terms and Conditions
1. Our Contract
1.1. These Terms and Conditions govern the supply of goods sold by MCD Home & Garden (UK) Ltd of Unit 12, Albion Road, Carlton Industrial Estate, Barnsley S71 3HW (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto. 1.2. All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1. The price payable for the goods you order is as set out either over the phone or on our web site at the time you place your order, plus any charges for delivery as advised to you. 2.2. We reserve the right to update the price of goods from time to time but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order and may decline it or limit the order quantity of goods sold.
2.3. At no point will we offer retrospective discounts in relation to any sale after your order is placed.
2.4. Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5. All orders are subject to full payment upfront.
2.6. You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counter-claim, which you may have, or allege to have.
2.7. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from you to us.
2.8. The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format.
2.9. Any “Was” price displayed on the website shows the item’s previous selling price for a period of at least 30 days prior to the reduced price coming in to effect, unless otherwise stated.
3.1. Delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We advise that orders are placed in good time to account for any delays that are beyond our control. MCD Pro Tent accepts no liability for any losses , costs, damages or expenses arising directly or indirectly out of any failure to meet any estimated delivery date.
3.2 We can deliver your goods to any address however if you wish to pay by card we can only deliver to the address where the card is registered to. If you need delivery to an address other than the address where your card is registered to please contact us and we can accept payment via bank transfer and dispatch the goods to any address.
3.3 All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, MCD Pro Tent will offer a similar substitute if available, subject to your agreement.
3.4 Delivery will be made to your front door by a national courier service usually TNT or DPD. If you live in a block of flats the courier may only deliver to the entrance door to the flats.
3.5 Orders to the Highlands of Scotland and other Islands will incur additional delivery charges and we reserve the right to hold orders until these delivery costs are covered. If you have any queries or require quotations please contact us directly via email or telephone.
3.6 When signing for your delivery you are signing to say that the goods have arrived in acceptable condition. If there are visible signs of damage to the packaging please sign for the item as damaged. If you sign for the goods without mentioning the possible damage, in the terms and conditions of our couriers the goods are signed for in good condition so it can be more difficult to make a claim. Therefore we are unable to claim for the goods sent out. So it is vital if you suspect damage to the goods then you sign for it as damaged on day of delivery. If the goods are found to be damaged upon receipt we must be informed within 24 hours of the delivery to enable us to follow this up with the courier.
3.7 Some of our products are dispatched in more than one box. When the delivery arrives please make sure you have received the amount of boxes displayed on the dispatch label (i.e. 1/3 2/3 3/3 etc.). If any part of your delivery is missing we must be notified within 24hrs to allow us to report it to the courier so searches can be done in the depots to locate it. In the event the courier cannot locate and deliver the missing item we would dispatch another one to you. Searches can take between 2-3 days to complete.
3.8 Any instructions given to the courier (i.e. leave with neighbour / in back garden) are entirely at your own risk.
3.9 Any customs charges which may be applicable once the goods reach the destination country are entirely the responsibility of the customer. We have no control over these charges and cannot give you any guide as to the cost of these. We recommend you contact your local customs office for further information.
4. Using Your Product
4.1 If your product has a manual included you must follow the directions closely. If the product does not have instructions included and you are struggling with any aspect of your product please contact us.
4.2 Never force the gazebo, our gazebos are designed to be easy to erect. If you are struggling then you could be using incorrect positioning and action to set it up. If this is happening please contact us immediately.
5. Cancellations, Returns & Warranty Claims
5.1 If you bought your item(s) in store and have changed your mind and wish to return your item(s) we offer a 28 days return policy. The goods returned must be in perfect and saleable condition with original product packaging and instructions where appropriate. If the goods do not reach us in a perfect and saleable condition, and in their original packaging, then your right to a full refund may be affected. If the item was bought in-store then we only offer refunds as store credit. Please contact us if you wish to start the returns process.
5.2 When despatching your return, the parcel and its contents are your responsibility until they are received at our warehouse. The cost of returning the goods is at your expense. This does not affect your statutory rights. We recommend using an insured postal service that has a tracking facility as we may require signed proof of delivery. MCD are not responsible for returned goods being lost or damaged in transit. Please contact us on 01226 215090 should you require any further information.
5.3 Mail order, telephone and internet sales to individuals (not businesses) are covered by the Consumer Contracts Regulations 2014, which protect you by providing a 14 working day cooling-off period from the day after the product has been delivered. A customer has the option to cancel any order between the time of placing it and 14 working days after delivery. Cancellations must be in writing by post or by email to firstname.lastname@example.org (not to ANY other email address) and quoting the Order or Invoice Number. Under the Consumer Contracts Regulations 2014, you have the right to receive a refund within 14 working days of cancellation. We normally pay refunds within 7 working days of when goods have been returned safely. If you are considering returning an item you are advised to retain the packaging. You will find it difficult to return the item without appropriate packaging. The goods must not have been fitted, installed or used in any way. The goods must be unmarked and free from blemishes of any kind, and you must return them in a saleable condition. The cost of returning the item to us is your responsibility. All spare parts and non-stock items are non-returnable and non-refundable due to being a special order.
5.4 Our warranty does not cover damage caused to products by adverse weather conditions, wind, rain or other forces of nature, accidents, improper assembly or disassembly or adjustment during set up or take down, unsuitable storage of the frame or fabric, or any abuse, misuse or neglect by the user. Our gazebos are not permanent structures and should not be left unattended for prolonged periods of time. We do not advise you assemble or disassemble your pop up gazebo or marquee during adverse or windy weather conditions. Damage caused by improper use or incorrect anchoring of the structure in severe weather is NOT covered by our warranty. The warranty is not transferable and is extended only to, and solely for, the benefit of the original purchaser of the goods. Please retain your dated sales receipt as a proof of purchase.
During your warranty period, only genuine spare parts must be used in the servicing and maintenance of your gazebo, these spare parts can be ordered via MCD Pro Tent. The warranty does not cover accidental damage at any time. If your gazebo is damaged for any reason – do not continue to use it. You may damage the gazebo further and this will invalidate the warranty.
Should you experience problems with your gazebo within your specific warranty period, any claim must be submitted to MCD Pro Tent. We will require photographs to assess the validity of your claim.
6.1 All sizes and measurements quoted are approximate. We do not take any responsibility for inaccuracies. We do however try to ensure that all sizes, measurements and images on the web site are as accurate as possible. All pictures on the web sites are for illustrative purposes only, and may not exactly match the product itself. Colours may vary to those illustrated and can look different on other computer screens. We never knowingly publish misleading or incorrect product descriptions or images. If the sizing is essential please contact us to confirm the exact dimensions of a product before purchase.
6.2 The Customer is solely responsible for ensuring that the products are suitable for their needs. All of our products are specifically made to fit and complement our MCD Pro Tent range, if you are purchasing replacement items to fit another manufacturers products then we recommend you contact us before committing to buy.
7.1. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
8.1. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
9.1. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.