TERMS AND CONDITIONS OF SALE
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website www.millingtonengines.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
"Contract" means a contact for the purchase and sales of Goods, as explained in Clause 5;
"Goods" means the goods sold by Us through Our Site;
"Order" means your order for Goods;
"Order Confirmation" means our acceptance and confirmation of your Order;
"Order Number means the reference number for your Order ; and
"We/Us/Our" means Millington Engineering Limited, a company registered in England under number 09565186,
whose registered address is 16 St. Johns Street, Bridgnorth, Shropshire, England WV15 6AG and
whose main trading address is Lower Cockshutt Farm, Near Chetton, Bridgnorth, Shropshire WV16 6RF.
2. Information About Us
2.1 Our Site, www.millingtonengines.co.uk, is operated by Millington Engineering Limited, a limited company registered in England under number 09565186, whose registered address is 16 St Johns Street, Bridgnorth, England WV15 6AG and whose main trading address is Lower Cockshutt Farm, Nr Chetton, Bridgnorth, Shropshire, WV16 6RF.
2.2 Our VAT number is 704 8880 18.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Goods, Pricing and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
4.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.2 Please note that sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 8 if you receive incorrect Goods (i.e. Goods that are not as described).
4.3 Where appropriate, you may be required to select the required size, model, colour, number of the Goods that you are purchasing.
4.4 We cannot guarantee that Goods will always be available. If we have insufficient stock to supply Goods that have been ordered and paid for by you then we will refund the price paid for the Goods as soon as possible and in any event, within 30 days.
4.5 If you have placed an Order and the Goods are temporarily out of stock, then We will notify you of the anticipated delivery date for your Goods and you will have the right to cancel the Order.
4.6 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
4.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 4.10 regarding VAT, however).
4.8 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 30 days, We will treat your Order as cancelled and notify you of this in writing.
4.9 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
4.10 All Goods on Our Site display the price including and excluding VAT, unless the Goods are zero rated for VAT. If the Goods are zero rated for VAT, then this will be made clear with the price shown. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
4.11 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process at the checkout page. All orders within the UK are charged at £8.50 except where the order is for an engine which will be quoted separately.
4.12 As part of the order process at the checkout page you can chose to collect your Order during Our normal opening hours of 9am to 5pm Monday to Friday. Please ensure that you call us on our number provided in Clause 9 to arrange this.
5. Orders – How Contracts Are Formed
5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
5.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.
5.4 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
5.5 Order Confirmations shall contain the following information:
5.5.1 Your Order Number;
5.5.2 Confirmation of the Goods ordered including details of the main characteristics of those Goods;
5.5.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
5.5.4 Estimated delivery date(s).
5.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 days.
5.7 Any refunds due under this Clause 5 will be made using the same payment method that you used when ordering the Goods.
6.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
6.2 Payment methods that We accept will be displayed on Our Site during the order process.
7. Delivery, Risk and Ownership
7.1 When We provide you with an Order Confirmation, We will provide an estimated delivery date. All Goods purchased through Our Site will normally be delivered within working days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 11).
7.2 In the unlikely event that delivery of Goods has not been made within 5 working days of the date of Order, please notify Us immediately using the contact details in Clause 9.
7.3 If We are unable to deliver the Goods on the delivery date, the following will apply:
7.3.1 If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note explaining how to rearrange delivery or where to collect the Goods;
7.3.2 If you do not collect the Goods or rearrange delivery within a reasonable time, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
7.4 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
7.5 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
7.6 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.
8. Faulty, Damaged or Incorrect Goods
8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us using the contact details in Clause 9 as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement, if applicable.
8.2 If the Goods do need to be repaired or replaced in accordance with these Terms or by law, We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full or partial refund. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price or to reject them in exchange for a refund. If you receive the final right to reject the Goods more than 6 months after you have received the Goods (and ownership of them), We will reduce any refund to reflect the use that you have had out of the Goods.
8.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any fault(s), damage or other problems with the Goods before you purchased them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for more details of what to do if you change your mind.
8.4 You may return Goods to Us in person, by prior agreement, during Our business hours of 9am to 5pm Monday to Friday or you may return them by post or another suitable delivery service of your choice to Our returns address at Lower Cockshutt Farm, Nr Chetton, Bridgnorth, Shropshire WV16 6RF. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
8.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 30 calendar days of the day on which We agree that you are entitled to the refund.
8.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
8.7 Refunds under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
8.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Cancelling and Returning Goods if You Change Your Mind
9.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period of 14 calendar days within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
9.2 If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision within the cooling-off period. You may do so using the following details:
9.2.1 Telephone 01746 789268
9.2.2 Email: firstname.lastname@example.org;
9.2.3 Post: Millington Engineering Ltd, Lower Cockshutt Farm, Bridgnorth, Shropshire WV16 6RF;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
9.3 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 9.
9.4 You may return Goods to Us in person, by prior agreement, during Our business hours of 9am to 5pm Monday to Friday or you may return them by post or another suitable delivery service of your choice to Our returns address as per Clause 9.2. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 9. Refunds under this Clause 9 will be issued to you within 30 calendar days of the following:
9.4.1 The day on which We receive the Goods back; or
9.4.2 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
9.5 Refunds under this Clause 9 may be subject to deductions in the following circumstances:
9.5.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
9.6 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
10. Our Liability to Consumers
10.1 We will only be responsible for foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable or as set out elsewhere in these Terms of Sale.
10.2 Our total liability for any loss or damage caused as a result of its negligence or breach of these Terms of Sale shall be limited to the price paid as per the Contract.
10.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
11.2.4 If the event outside of Our control continues for more than 3 months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
11.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so using the contact details in Clause 9.
12. Communication and Contact Details
12.1 If you wish to contact Us, you may do so by telephone at 01746 789268, by email at email@example.com, or by post at Millington Engineering Ltd, Lower Cockshutt Farm, Bridgnorth, Shropshire WV16 6RF.
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from Millington Engineering Ltd and Millington Engineering Ltd respectively.
13.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
13.3.1 In writing, addressed to Julian Millington, Millington Engineering Ltd, Lower Cockshutt Farm, Bridgnorth, Shropshire
13.3.2 By email, addressed to Julian Millington at firstname.lastname@example.org
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
15.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
15.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 30 days of your cancellation.
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
16.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.