Terms and Conditions of Sale to Consumers
1.1 Unique Electronic Gifts is a subsidiary company of M.A.W. Electrical. For the purpose of these Terms and Conditions: Unique Electronic Gifts shall mean M.A.W. Electrical whose registered office is at 10D Thursby Road, Croft Business Park, Bromborough, Wirral CH62 3PW Company No. 04575516
1.2 ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
1.3 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from MAW including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.4 ‘Contract’ shall mean the Contract between MAW and the Customer for the sale of Goods by MAW to the Customer.
1.5 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
1.6 ‘Website’ or ‘The Website’ (bold type) shall mean the website of Unique Electronic Gifts, at www.uniqueelectronicgifts.co.uk.
2.1 All orders for Goods are accepted by MAW subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between MAW and the Customer for the sale of goods.
2.2 Goods will be supplied based on any information provided by the customer.
2.3 Any information published by MAW on its website is an invitation to treat and not an offer to supply.
2.4 All descriptions and illustrations contained in the website or any price list or otherwise communicated to the Customer are correct at the time of publication.
2.5 If the description of any Goods not directly manufactured by MAW, contained in any correspondence, invoice or the website varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by MAW. The updated and complete manufacturer’s description is available from MAW on request before any order is placed.
2.6 In the event of any material change to any description of goods since the last update of the website by MAW, MAW will advise the Customer of the revised description at the time of delivery of the goods or before where possible.
2.7 MAW reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.
2.8 Goods listed the website may originate from a Non-EU source. Any published information by MAW as to the country of origin of Goods is an indicator only of the source of supply to MAW and does not constitute a warranty or representation.
2.9 All contracts between MAW and the Customer shall be governed by and interpreted in accordance with English Law and both MAW and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom. 2.10 Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.
2.11 All prices for the Goods are in pounds Sterling and include Value Added Tax (“VAT”) at the relevant and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with MAW. Prior to the conclusion of the contract MAW will inform the customer the total amount to be debited.
2.12 Whilst every endeavor will be made to maintain the prices on the website MAW reserves the right to alter prices at any time. Prior to the conclusion of the contract MAW will inform the customer the total amount to be debited.
3.1 MAW reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are only charged when Goods are dispatched. The exceptions to this being when MAW has been requested to custom build Goods to special order. If any goods are not available within 30 days of the order being placed the customer will be informed and will be offered the option to continue to await delivery, accept an alternative product or cancel the order and receive a refund where funds have been taken.
3.2 MAW reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, MAW may decline to accept any order. In the event that MAW declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
4.1 Payment shall be made by the Customer for all monies owed to MAW in respect of orders placed for Goods.
5.1 Delivery costs for most mainland UK addresses will be calculated and shown by the website at the time of placing the order. In some cases where goods are heavy or bulky, or for addresses not normally covered by our couriers, it may not be possible to calculate the delivery cost automatically. We will contact you to advise of any such charges before your payment card is debited.
5.2 We will only send goods to the address shown on the payment card statement. We do not deliver outside the United Kingdom.
5.3 The risk of damage to or loss of Goods ordered from MAW will pass to the Customer when the goods are delivered.
5.4 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 7 days of such delivery give notice to the Customer Care Department of MAW of any apparent physical damage, delivery damage or shortages in the Goods.
5.5 Nothing in these terms and conditions affects the statutory rights of a consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
6.1 Unwanted goods – Distance Selling Regulations – You may cancel your order up to seven days after delivery of the goods by giving notice either by emailing firstname.lastname@example.org or in writing to MAW Electrical Ltd, 167 Old Chester Road, Bebington, Wirral. CH63 8NE. Notice of cancellation may not be made by telephone. If you give notice in writing, it is advisable to use recorded delivery. Unwanted goods must be returned at the customers expense. Returned goods should include all original packaging. Audio or video recordings or computer software may only be returned if it is still sealed. The customer is responsible for the care of the goods until received by MAW. It is advisable to insure them during transit.
6.2 Faulty goods under Warranty – Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by MAW either by repair or, at the sole discretion of MAW, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing to the address in para 6.1 specifying the date of purchase and invoice number within a reasonable period of time after delivery.
6.3 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of MAW.
6.4 Warranty seals applied to any Goods supplied by MAW must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.
6.5 The warranty period as stated in 6.2 is from the date of purchase if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by MAW in writing.
6.6 The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as MAW have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes.
6.7 Conditions 6.1 to 6.6 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
7.1 By placing an order with MAW the Customer agrees to data relating to the transaction being retained and processed by MAW in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by MAW for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
7.2 MAW may send to the Customer details of other Goods and services offered by MAW that MAW may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact MAW either in writing to the address in para 6.1 or by e-mail at email@example.com requesting that data is removed from the marketing database. MAW subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to the Customer Care Department of MAW, request that all data relating to them be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by MAW.
8.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application.
8.2 To the extent permitted by law, MAW accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to MAW’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
8.3 To the extent permitted by law, MAW shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or unforeseen loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of MAW, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
8.4 The entire liability of MAW under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.
9.1 MAW shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of MAW in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of MAW. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of MAW: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of MAW or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
10.1 All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between MAW and a Customer. Any provision of any contract with MAW which is or may be void or unenforceable…