1.1 MowDirect (also referred to as “we” or “us”) deals with both consumers and business purchasers. Some of these terms and conditions apply only to customers who are consumers and some apply only to customers who are business purchasers. Where this distinction is made it will always be made clearly. If you are a consumer then nothing in these terms and conditions adversely affects or limits your statutory rights.
1.2 We only contract with customers on the basis of these terms and conditions and specifically reject any alternative terms and conditions put forward by prospective purchasers (not simply to the extent such alternative terms and conditions conflict).
2. The contract between us
2.1 No contract is formed until we receive irrevocable payment of the whole of the price for the goods that you order as follows.
2.2 A legally binding contract is made between us:
2.2.1 if payment is made by credit or debit card, only when a card payment or payments for the whole of the price of the goods and for the benefit of us has been irrevocably processed.
2.2.1 if payment is made by any other means the whole of the price of the goods has cleared into a bank account of MowDirect.
3.1 The prices payable for goods that you order are as set out on our website or (alternatively on any written quotation we send to you).
3.2 As noted in paragraph 2 above no legally binding contract is made until we receive irrevocable payment of the whole of the price for the goods that you order. Accordingly pricing on the website is subject to change (without prior notice) and/or our suppliers may change their pricing information before we are contractually obliged to supply you at any particular price. If that happens we will contact you to discuss the price revision and give you the chance to reconsider your offer to purchase.
3.3 All goods supplied within the United Kingdom (“UK”) or European Union (“EU”) are subject to VAT at the rate current at the time of supply. Orders outside the UK and EU are VAT free.
4. Right for you to cancel your contract
4.1 If you are a “consumer” (but not otherwise) you may cancel your contract with us for the goods you order at any time up to the end of the thirtieth day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. This does not apply to Special Order products - see clause 4.6.
4.2 To cancel your contract under this clause 4 you must notify us in writing that you wish to do so.
4.3 If the goods have been despatched to you before you cancel your contract you must send the goods back to MowDirect, 2 Stockton End, Sandy, Bedfordshire, SG19 1SB, at your own cost and risk as soon as possible. This will not apply to goods returned because they are defective.
4.5 Once you have notified us that you are cancelling your contract under this clause, any sum debited to us from your credit or debit card will be credited to your account as soon as possible and in any event within 14 days of us agreeing to your refund PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods and any other losses from the amount to be credited to you.
4.6 Special Orders or Made to Order items cannot be cancelled once they have been accepted by us. Once the order has been placed, we contact the manufacturers to arrange delivery and once this is in place, the order cannot be cancelled, returned or refunded for any reason.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us if one or more of the goods ordered was listed (on the website or in any quotation) at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1 Delivery to any UK mainland address is free.
6.2 Any order for delivery to an address outside the UK mainland will not be processed until we have contacted you to agree additional shipping charges that will apply.
6.3 The delivery times quoted on the website are:
6.3.1 in working days
6.3.2 an estimate only and it is not a term or condition of the contract with us that the estimate will be adhered to although we will endeavour to advise you of any anticipated delay.
6.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to your premises they will be at your own risk and we will not be liable for their loss or destruction. If you request delivery to a freight forwarding agent for onward transport then you will become the owner of the goods and they will be at your risk (and we will not be liable for their loss or destruction) when they have been delivered to that freight forwarding agent.
6.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.1 If you are a consumer then clauses 7.4 to 7.6 do not apply to our contract
7.2 Nothing in this clause 7 or these terms and conditions generally is intended to in any way exclude or limit our liability to you for any death or personal injury resulting from our negligence
7.3 We will always use reasonable endeavours to ensure that you enjoy the benefit of whatever manufacturer’s guarantee is provided with the goods that you purchase
7.4 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the goods in question.
7.5 If you notify a problem to us under clause 7.4 above, our only obligation will be, at your option:
7.5.1 to make good any shortage or non-delivery;
7.5.2 to replace or repair any goods that are damaged or defective; or
7.5.3 to refund to you the amount paid by you for the goods in question in whatever way we choose. Under no circumstances will we be liable for any costs you incur in recovery of any such refund. In the event we decide to refund you, the equivalent costs with tangible items that shall be at our discretion. In making any purchase from us, you accept these terms of trade.
7.6 We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.5.3 above.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing (which includes email) and sent to our contact address at MowDirect, 2 Stockton End, Sandy, Bedfordshire, SG19 1SB or [email protected]
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Third party rights
Except for our partners, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement