Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference. By placing an order with Mitchell Group you agree to these terms.
Format of the contract
These terms of sale apply to all goods supplied by Mitchell Group, whose registered office is at Stanney Mill Lane, Cheshire Oaks, Chester CH2 4RG (the “Supplier”).
No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
The contract is subject to your right of cancellation (see below).
The Supplier may change these terms of sale without notice to you in relation to future sales.
To order goods through the Mitchell Group company website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
Mitchell Group gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system and the ability to carry out a full inspection of any software or operating system.
Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Company the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.
These terms and conditions are subject only to UK law.
Description and price of the goods
The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
In addition to the price, you may be required to pay a delivery charge for the goods.
Super specials are limited to one per order – except for those described as 'multibuy'. As many different multibuy products, and quantities of multibuy products can be added to the order. However, for those super special items not labelled as multibuy, the limit of one per order remains.
Changes to the quantities and stock availabilty of multibuy products are at the managements discretion.
Payment
Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
There will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
The Company reserves the right to levy charges for any of the following services: Inspection of any piece of computer equipment and installation / replacement of either software or hardware - Use of credit / debit cards or rapid cheque clearance facilities, Diagnosis and testing of any problems encountered with any piece of hardware or software, Recovery of any hardware or software problems and backup of any data when requested by the customer.
Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
Delivery
The goods you order will be delivered to the address you give when you place your order, We only deliver to UK addresses with a UK postcode.
Orders placed before 12.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and subject to all stock items being available. (A working day is any day other than weekends and bank or other public holidays.)
If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
The Company will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customers automated despatch note which is emailed to the Customer once the items have left our warehouse.
Should you require the goods to be redirected to another address after the goods have been dispatched you may be required to pay an additional postage charge.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
Unless otherwise agreed the Company may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Company shall not entitle the buyer to cancel the remainder of the Contract.
Delivery charges are calculated by weight and number of packages being sent.
Any refused deliveries will be returned to the supplier. Upon receipt of the goods with the supplier a refund will be issued minus 10% of the value of the order to cover administration costs.
Risk/Title
The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
Title for Business Customers
If you are a business customer until ownership of the goods has passed to you, you must:
If you are a business customer your right to possession of the goods shall terminate immediately if:
Business customers are exempt from returning items within 7 days under the distance selling act.
Trade customers are liable for all carriage costs.
Your right of cancellation
You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
To exercise your right of cancellation, you must give written notice to the Supplier by hand or post giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with our clause, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
Once you confirm your order as correct a standard cancellation fee will be at the expense of the customer.
An order cancelled in transit will incur the standard cancellation fee plus additional transit costs at the expense of the customer.
In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer
Warranty
All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval.
If the goods supplied to you are damaged or any item missing/incomplete on delivery, you must notify the Supplier within a reasonable time
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:
A full Refund, If this is within a reasonable time of the sale. After this time a replacement product or credit note (to the value of the replacement) will be offered.
It is the responsibility of the buyer to return and collect goods to / from the Company’s premises. (See definition for The Company).
Items purchased from the Bargain Basement or sold at a special price as end of line or for other reasons that prevent them from being sold as new are sold with a 30 day warranty only. These items may be second user, refurbished or discontinued stock. They may be missing drivers, manuals, cables nuts and bolts, clips, glues and accessories. Packaging, if supplied, may not be in new condition. All items are tested working.
Any items which are returned under the warranty and are found to be in a working condition will be charged a testing fee of £10 or 10% of the value of the goods, whichever is the greater.
Limitation of Liability
Subject to below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Returns Policy
It is the responsibility of the buyer to return and collect goods to / from the Company’s premises. (See definition for The Company).
The goods cannot be returned unless you have advised us in writing, and we have agreed, in writing that you can return the item to the Company, the package must be clearly marked on the outside with the identification mark “RETURNED GOODS” clearly marked on the outside of the packing.
It is the customer's responsibility to take reasonable care of the goods whilst in their possession. If this condition is not met the Company reserves the right to make a reasonable charge for restocking and resale at a price that is less than that charged for the goods if sold as new. This charge will vary according to the condition of the returned goods. This provision is designed to ensure that returned goods can be sold again as new, this is particularly important with regards to packaging used.
For products purchased over the counter, we accept cash, cheque, debit and credit cards. Goods must be paid for in full at time of collection. For goods supplied correctly but that you no longer require, we will offer a full refund, provided the goods are returned in a re-saleable condition. Packaging must be complete with no tears or labels missing. Bar codes MUST be intact otherwise we cannot accept the goods back. ALL returns MUST be made within 14 days. For goods that are faulty, please return them within 14 days for a full refund or replacement.
Computer Systems built to the customer’s individual specifications are exempt from the right to cancel under the Distance Selling Regulations.
If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods.
Non-faulty items returned to our premises complete in the original packaging together with manuals and software disks within 7 working days of purchase may obtain a credit note. Goods must be sellable as new in order to qualify for a credit note. All software must be unused and sealed within the original packaging. Outside of 7 working days, non faulty items will not be exchanged or a credit note offered under any circumstances. Full refunds will not be considered if the goods are damaged in any way and seals broken invalidating any warranty.
Mitchell Group gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system and the ability to carry out a full inspection of any software or operating system.
Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
We will not accept returned software and/or licences under any circumstances.
Alternative Dispute Resolution
Mitchell Northwest Ltd has subscribed to Motor Codes of Practice.
The Motor Codes Advisory and Conciliation Service will offer free impartial advice and when appropriate an Alternative Dispute Resolution (ADR) service that we are fully committed to in the event that your are not satisfied with the outcome of a dispute.
For further information you can visit their website at http://adr.motorcodes.co.uk or call their Consumer Advice Line: 020 7344 1651.
Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Images
Product images are for illustrative purposes only and may differ from the actual product. Where we describe the colour of an item, the colour will be as close as possible to that colour, ie: red, blue, green. There may very well be varying shades of these colours.