Website Terms and Conditions of Sale
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18/11/14.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
- 1.1. We operate the website www.mainlinemouldings.com. We are Mainline Mouldings Limited, a company registered in England and Wales under company number 03245612 and with our registered office at Unit 1, Building 83, Langar (South) Industrial Estate, Harby Road, Langar, Nottinghamshire NG13 9HY which is our main trading address. Our VAT number is 679070309.
- 1.2. To contact us, please see our Contact Us page.
2. OUR PRODUCTS
- 2.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
- 2.2. Wood Mouldings are supplied in full lengths and lengths vary between products therefore we may be unable to supply the exact metreage ordered. We will only charge for the exact quantity supplied.
- 2.3. The packaging of the Products may vary from that shown on images on our site.
- 2.4. All Products shown on our site are subject to availability. We will inform you by telephone or email as soon as possible if the Product you have ordered is not available.
3. USE OF OUR SITE
- Your use of our site is governed by these Website Terms and Conditions of Sale. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
- 5.1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- 5.2. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
- 6.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 7.1. For the steps you need to take to place on order on our site, please see our Site Tools page.
- 7.2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
- 7.3. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
- 7.4. The Contract between us will only be formed when we send you the Invoice. If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by telephone or email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- 7.5. The minimum order value for mouldings is £50 excluding VAT and the minimum despatch quantity of mountboard is 20 sheets for orders being sent by carrier. Smaller orders can be collected from our trade counter.
8. OUR RIGHT TO VARY THESE TERMS
- 8.1. We may revise these Terms from time to time under the following circumstances:
- 8.1.1. changes in how we accept payment from you;
- 8.1.2. changes in relevant laws and regulatory requirements; and OR
- 8.1.3. other circumstances.
- 8.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- 8.3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- 8.1. We may revise these Terms from time to time under the following circumstances:
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
- 9.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens Advice Bureau or Trading Standards office.
- 9.2. However, this cancellation right does not apply in the case of:
- 9.2.1. any made-to-measure or custom-made products OR products made to your specification or clearly personalised.
- 9.3. Your legal right to cancel a Contract starts from the date of despatch (date the invoice is generated), which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
- 9.4. If you would like to cancel an order before the Contract is formed, please contact us by email to email@example.com or by calling our Customer Services telephone line +44 (0)1949 861000. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
- 9.5. To cancel a Contract, please contact us in writing to tell us by sending an email to firstname.lastname@example.org or by sending a letter to Mainline Mouldings Ltd, 83 Langar Ind Est, Harby Rd, Langar Notts, NG13 9HY Or please contact our Customer Services telephone line +44 (0)1949 861000 to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
- 9.6. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If you returned the Products to us because they were faulty or misdescribed, please see clause 9.7.
- 9.7. If you have returned the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of a defective Product in full together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
- 9.8. We refund you on the credit card or debit card used by you
- 9.9. If the Products were delivered to you:
- 9.9.1. you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- 9.9.2. unless the Products are faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We charge £29.40 + £4.80 per additional parcel. Goods must be returned in suitable protective packaging if original packaging is not available. We reserve the right to charge upto 15% restocking fee.
- 9.9.3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- 9.10. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
10. DELIVERY AND HANDLING
- Mainline Mouldings will endeavour to advise all clients of delivery charges and duties when necessary. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- 10.1. Delivery will be completed when we deliver the Products to the address you gave us.
- 10.2. If no one is available at your address to take delivery, our delivery agents may try to redeliver at another time and we reserve the right to charge a redelivery fee as charged by our delivery agents.
- 10.3. The Products will be your responsibility from the completion of delivery. If you do not receive the Products within 7 days of ordering, please contact us. If Products are delivered damaged or with part of the contents missing, please note this when signing the delivery note or delivery agent's electronic device with word ‘damaged’ and please contact us within 5 days to let us know about the damaged or missing Products.
- 10.4. You own the Products once we have received payment in full, including all applicable delivery charges.
11. INTERNATIONAL DELIVERY
- 11.1. We do deliver to certain overseas countries (International Delivery Destinations). However, there are restrictions on some Products for certain International Delivery Destinations, so please contact us for further details and a quotation for export orders.
- 11.2. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- 11.3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- 11.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
- 12.1. The prices of the Products will be as quoted on our site. We take all reasonable care to ensure that the prices of Products are correct when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
- 12.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
- 12.3. The prices of all Products are shown excluding VAT. The total value of an order includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- 12.4. The minimum order value for mouldings is £50 for orders being sent by carrier. Smaller orders can be collected from our trade counter.
- 12.5. The price of a Product does not include delivery charges. Our delivery charges are as follows:
Mainland UK (excluding Highlands)
- Deliveries to Mainland UK (excluding Highlands) are free on online orders over £95 exc. VAT.
- Orders below £95 are charged at £9.95.
- Next working day delivery applies to web orders placed before 11.30am.
Non Web Order Three day delivery:
- Orders over £150.00 net, carriage paid.
- Orders under £150.00 carriage charged at £9.95.
- Next day delivery: £14.95.
- Deliveries to Scottish Highlands are free on online orders over £160.00 exc. VAT. Orders below £160.00 are charged at £24.00.
- Telephone, fax and email orders are free delivery over £180.00.
Isle of Man & Scottish Islands
- Deliveries to Isle of Man & Scottish Islands are free on online orders over £250.00 exc. VAT. Orders below £250 are charged at £39.00.
- Telephone, fax and email orders are free delivery over £300.00.
- Deliveries to Northern Ireland are free on online orders over £140 exc. VAT. Orders below £140 are charged at £18.00.
- Telephone, fax and email orders are free delivery over £170.00.
- Deliveries to Eire are free on online orders over £160 exc. VAT. Orders below £160 are charged at £26.00.
- Telephone, fax and email orders are free delivery over £180.00.
- Export orders are charged at cost. Please ask for a quotation.
- 12.6. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
- 13.1. You can only pay for Products using a debit card or credit card or bank transfer. We accept the following cards Visa, Mastercard and all UK debit cards.
- 13.2. Payment for the Products and all applicable delivery charges is in advance in relation to consumer sales and on 30 days after order in relation to business sales. We will not charge your debit card or credit card until we dispatch your order.
- 13.3. We reserve the right to charge interest on overdue accounts at 4% above the rate of 0.5% Bank plc from time to time both before and after judgement together with administration charges if we have to pass outstanding invoices to debt collection agencies. We reserve the right to charge a £20 fee in relation to the administration of dishonoured cheques.
- 13.4. No credit card details are stored on this site.
14. MANUFACTURER GUARANTEES
- 14.1. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- 14.2. If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
15. OUR WARRANTY FOR THE PRODUCTS
- 15.1. For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
- 15.2. The warranty in clause 15.1 does not apply to any defect in the Products arising from:
- 15.2.1. fair wear and tear;
- 15.2.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- 15.2.3. if you fail to operate or use the Products in accordance with the user instructions;
- 15.2.4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- 15.2.5. any specification provided by you.
- 15.3. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
- 16.1. Nothing in these Terms limit or exclude our liability for:
- 16.1.1. death or personal injury caused by our negligence;
- 16.1.2. fraud or fraudulent misrepresentation;
- 16.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 16.1.4. defective products under the Consumer Protection Act 1987.
- 16.2. Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- 16.2.1. any loss of profits, sales, business, or revenue;
- 16.2.2. loss or corruption of data, information or software;
- 16.2.3. loss of business opportunity;
- 16.2.4. loss of anticipated savings;
- 16.2.5. loss of goodwill; or
- 16.2.6. any indirect or consequential loss.
- 16.3. Subject to clause 16.1. and clause 16.2. our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
- 16.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
- 17.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- 17.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 17.3. We do not in any way exclude or limit our liability for:
- 17.3.1. death or personal injury caused by our negligence;
- 17.3.2. fraud or fraudulent misrepresentation;
- 17.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 17.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 17.3.5. defective products under the Consumer Protection
18. EVENTS OUTSIDE OUR CONTROL
- 18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
- 18.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 18.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 18.3.1. we will contact you as soon as reasonably possible to notify you; and
- 18.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. COMMUNICATIONS BETWEEN US
- 19.1. When we refer, in these Terms, to ‘in writing’, this will include email.
- 19.2. If you are a consumer:
- 19.2.1. To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an email to email@example.com or by sending a letter to Mainline Mouldings Ltd, 83 Langar Ind Est, Harby Rd, Langar, Notts, NG13 9HY or please contact our Customer Services telephone line 01949 861000. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
- 19.2.2. If you wish to contact us in writing for any other reason, you can send this to us by email to firstname.lastname@example.org or by pre-paid post to Mainline Mouldings Limited or by sending a letter to Mainline Mouldings Ltd, 83 Langar Ind Est, Harby Rd, Langar, Notts, NG13 9HY. You can always contact us using our Customer Services telephone line 01949 861000.
- 19.3. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
- 19.4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. OTHER IMPORTANT TERMS
- 20.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- 20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
- 20.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
- 20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 20.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 20.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- 20.7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- 21.1. Mainline Mouldings Ltd grants you a non-transferable right to access and use their photography.
- 21.2. This allows you to view and download our photography free of charge for commercial use.
- 21.3. You may freely copy, display and/or publish images for editorial, marketing and advertising purposes.
- 21.4. All artwork must be correctly credited with the artist’s name, publisher’s name and artwork title. We do not own the copyright for any artwork displayed in our photographs. We have gained permission to use the artwork on condition that it is credited and it will be your responsibility to correctly reference artwork.If you require artwork information, please contact email@example.com.
- 21.5. Photography without artwork does not require crediting, although we are happy for you to use range names if you wish to do so.
- 21.6. The author of Mainline Mouldings Ltd’s photography is Eleri Tunstall at ICKOOTU Photography.
- 21.7. Neither Mainline Mouldings Ltd nor Eleri Tunstall needs to be referenced.
- 21.8. We cannot guarantee that the colours represented in our photography exactly match those of the actual products.
- 21.9. If used on a website, anyone wishing to download the photographs for further use must be subject to the same terms and conditions as stated above
22. GDPR (GENERAL DATA PROTECTION REGULATION)
- 22.1. Data Controller:
Mainline Mouldings Ltd processes personal data as a controller as defined in the directive of 1998 and in the new GDPR (General Data Protection Regulation) which is effective from 25th May 2018.
- 22.2. Contact info for data controller
You can contact us at any time to:
- 22.2.1 Request access to information that Mainline has about you.
- 22.2.2 Correct any information that Mainline has about you.
- 22.2.3 Delete information that Mainline has about you.
- 22.3. If you have any additional questions about Mainline’s collection and storage of data, please contact us at: Mainline Mouldings Ltd, 83 Langar Ind Est, Harby Rd, Langar, Notts NG13 9HY. email:firstname.lastname@example.org
We will fulfil your request electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge and administration fee.
- 22.4. Visiting our site: You can view our website without giving any personal information. Mainline uses Google Analytics and Cookies to improve our service and user experience, and to analyse how the website is used. Apart from the approximate location (IP address), the information collected by Google Analytics is mostly anonymous traffic data including device information, language and browser information.
- 22.5. The collected information is used to provide an overview of how users are accessing and using the Mainline website. It is not used for additional purposes such as profiling those who access our website.
- 22.5.1 Collection of user data:
In order to register on our site and to place orders, we require you to provide your email address, company name, address, contact name, phone number and other relevant data.
- 22.5.2 Intended use of personal data:
The information is used by Mainline to identify you and provide you with support, mailings, sales and marketing, billing and to meet contractual obligations. If you choose to withhold any personal data requested by us, it may not be possible for you to gain access to our site and for us to respond to your queries.
- 22.5.3 In order to process your personal data obtained on the website and to complete financial transactions, we use trusted and authorised secure third-party websites. We will also share address and contact information with our delivery partners in order to fulfil our delivery obligations. We will not share this information with any other third parties unless we have your permission or are required by law to do so.
- 22.5.1 Collection of user data:
- 22.1. Data Controller: