PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER FOR ANY GOODS. YOU ARE ADVISED TO PRINT AND RETAIN THEM FOR YOUR RECORDS. WE RESERVE THE RIGHT TO AMEND THIS DOCUMENT AT ANY TIME AND APPLY AMENDMENTS TO FUTURE ORDERS.
You should read and understand these Conditions because they affect your rights and liabilities.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern the supply of goods sold by Milksafes, a trading name of I. Luckman (the “Supplier”, “we” and “us”) of 14 Ladywood, Ironbridge, Telford TF8 7JU, Shropshire, England to the customer (“you”) being any company or person who buys, or agrees to buy from the supplier. Together, where appropriate, with any order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. By placing an order and purchasing goods from us you enter into a legally binding contract with the supplier on these terms and conditions. Our acceptance of your order will be confirmed by delivery of the goods. The supplier reserves the right to refuse orders for any reason at their discretion. Your statutory rights are not affected by these Terms & Conditions.
Prices
The price payable for the goods you order is as set out on our web site at the time you place your order plus any charges for carriage and insurance as set out in the completed order form. In all cases, we reserve the right to cancel any order where a pricing or description error has been made, and to make corrections. Sometimes a price increase must be applied between the date of order and the date of despatch in which case we reserve the right to apply the newer price. When we apply newer prices and consequently request additional payment from you we will not fulfil that order without your approval, and we will offer you the option to cancel the order without charge to you.
VAT and other Sales Taxes
Milksafes is not required to charge VAT. Prices displayed on this web site do not include VAT, and no VAT will be added. No further duties or taxes are payable upon receipt of your order.
However, for all deliveries made outside the European Community, you may be asked to pay Sales Tax at the correct rate for your delivery country. This may be charged on top of the price paid to us, and is most likely collected by your Post Office when your goods are delivered.
Despatch & Delivery
EXTREME LOCATIONS - if you know that your delivery address is in a location that commonly incurs an additional charge (i.e. the extremes of Mainland UK, including the Highlands, Devon & Cornwall for example), then please declare this, as an additional delivery charge will almost certainly be necessary. We reserve the right to require that you pay such additional charges.
MADE TO ORDER items take anything up to 28 days to manufacture, and are then despatched according to your selected delivery method. During the main holiday periods please anticipate up to two weeks extra. If you wish to know when to expect your order to arrive please contact us.
When we reach your order in the queue, your goods are despatched – usually within 48 hours, or at least once a week if local (see Local Drop Off).
Within the UK our despatch service is most commonly My Hermes, Royal Mail or APC Network (couriers). For practical reasons we reserve the right to deliver your goods by any courier, even though you may have specified another: you will not be liable for any consequential extra cost.
Should any additional delivery charge arise to complete delivery through no fault of our own (e.g. redelivery being required because a delivery address you gave was always found vacant) then we will not be liable for that charge.
ON ARRIVAL YOUR GOODS MUST BE ACCEPTED WITH A SIGNATURE, so you should not order goods unless you are confident someone you approve of will be available to sign for them. However, if the delivery company cannot obtain a signature, they will leave a card for you and usually automatically arrange a redelivery the next working day. IT IS VERY IMPORTANT THAT YOU RESPOND TO THIS CARD WITHOUT DELAY. PLEASE DO NOT WAIT UNTIL THE NEXT MORNING or you might find the second attempt is underway or has already failed like the first. Either the phone number or web site you are directed to on the card is available 24 hours a day. Typically if a second attempt should fail, or the time specified by the delivery company for collection expires, the goods will be returned to the delivery company’s depot and an additional charge for delivery will be payable by the customer for the order to be despatched a third time. When in due course undelivered goods are returned to us, then another full cost of delivery will be payable by you.
If you enter instructions in your order designating a “safe place”, alternative recipient or delivery address then you agree to take full responsibility for any goods that go missing. You also permit the delivery driver to decline your instructions as he or she sees fit. All we can do is confirm with the delivery company whether or where the goods were delivered. You agree to hold us harmless against any consequential loss.
Delivery usually takes place 1-5 working days after despatch.
Time for delivery shall not be of the essence of the Contract. The supplier will not be held responsible for any customer’s costs, damages or expenses incurred as a result of any estimated delivery time not being met, despite our best efforts.
All despatch and delivery times given are estimates. We can give no guarantees on exact delivery times. Though exceptional, at peak times this can be up to 10 working days (2 weeks) after despatch. You should contact us about delays and we may give you details to contact the delivery company directly: when in practice, we would be a “middle man “ and do it less efficiently than you. Most likely they tried to deliver your goods, but were unable to. Should you have not received your full order after 5 working days from despatch then please contact us to report it. Written, signed confirmation (from you) of non-delivery may be required.
The Goods may at our discretion be delivered in instalments. Each instalment shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the order and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.
Delivery & title
“Receipt of goods” shall be when the goods are signed for on delivery. Risk in the goods shall then pass to you. Nevertheless, title in the goods shall not pass to you unless you have paid for the goods and any other due payments, possibly including interest. Until title in the goods passes from us, you shall preserve and suitably store the goods at your own cost separately from all other goods in your possession, clearly identified as our property, and in the same condition as they arrived. You must not mark the products in any way that cannot readily be removed leaving neither residue nor damage to the product. You must cooperate with anyone assigned to collect these if and when that is arranged because payment in full is not forthcoming.
Payment
Unless you are an account customer, or we have agreed otherwise in advance in writing, your order will not be processed until payment has been made in full including any applicable charges for carriage and insurance. Payments that fail for any reason, and which are not promptly made good, will almost certainly render your order Pending Payment and be regarded as not paid for.
Until goods are despatched then the receipt by us of your payment does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject your order we will credit you with the amount deducted, and always credit your method of payment (e.g. to your payment card) in the first instance where applicable.
Cards
- We believe we accept all major debit & credit cards. Should you enter a card type which we do not accept, you will be advised at the time of ordering. You must ensure that all details given for payment are correct and that you are an authorised user of that payment card.
Cheque
- You can compile your order online then submit it for payment by cheque. Please print the submitted order and post the printed copy with your cheque. Your cheque must reach us within 28 calendar days of submitting the order. Cheques should be made payable to Milksafes, and posted to the address on our Contact Us web page. Cheque orders will only be accepted after cheques are cashed.
Should a situation arise whereby we need to contact you because of a payment problem, then an email will be sent to you advising of this once the order has been reviewed in our offices. We may optionally call you.
Cancellation of Order
Where a payment is already made via an online payment then the order will be fulfilled as described above. Where a cheque has been posted you may be able to contact us soon enough to prevent the cheque being presented for payment at the bank and we will discuss cancellation with you, however please note that in some cases it may not be reasonable to comply. Otherwise the order will be fulfilled (see also Delivery & Title above).
Because Milksafes are Made to Order products, you do not have the same right to cancel as with other goods. Please contact us without delay if you wish to cancel. It might be that we have not started to make your order, so a refund may be possible.
If fulfilment of an order is obstructed for any temporary reason then we shall be given reasonable further opportunity by you to fulfil the order. If the order cannot be fulfilled for good reason, for example because of obsolete raw materials, health scares or force majeure (see later), then you will be entitled to a refund, assuming the same good reasons do not obstruct a refund.
Where a payment is already made via an online payment then the order will be fulfilled as described above. Where a cheque has been posted you may be able to contact us soon enough to prevent the cheque being presented for payment at the bank and we will discuss cancellation with you, however please note that in some cases it may not be reasonable to comply. Otherwise the order will be fulfilled (see also Delivery & Title above).
Damaged in Transit
When goods are damaged in transit then you shall contact us with details of the problem and we shall endeavour to agree the process of supplying replacements. Please do not return goods that have been damaged in transit without our agreement – if you do then the cost of doing so must be met by you without recompense to you. Typically our insurer will demand photographic evidence of the damage. In the first instance we will ask you to provide this, which commonly saves you the inconvenience of sending items back to us when this may not be warranted, and the risk of additional damage on the return journey. Replacements (for the damaged items only) shall be issued without further charge. You must preserve the undamaged items that do not need to be replaced. The replacements shall be made in due course, as any other new order, but we will endeavour to prioritise these replacements where practical.
Goods that have been damaged in transit may not be classed as faulty.
Returns
Always with the exception of Made to Order products, to return an unwanted item you can do so within 7 days of receipt of goods. This period may (or may not) be extended at our discretion. Delivery charges are not refundable.
The goods to be returned must be unused, unopened (as reasonably applicable) and in suitable protective packaging. Goods which have been opened will only be accepted back at the supplier's discretion and a restocking fee of 15% applied in most accepted cases, but may vary depending on circumstances of the return.
On cancellation for whatever reason, you must return the goods to us at your expense. We suggest that you use a recorded delivery method as we can not be held responsible for any losses incurred in transit back to us.
Delivery charges are not refundable.
You must return the goods to us at your expense. We suggest that you use a recorded delivery method as we cannot be held responsible for any losses incurred in transit back to us. You are advised to insure the return delivery to the correct value.
Made to Order goods and any customized/modified by the supplier at your request and are correctly supplied and which are not faulty may not be returned. No refund will be made. Such goods are not covered by the “Distance Selling Regulations”.
You shall be refunded the value of the accepted goods less any charges that apply, as described above.
Faulty items
To return a faulty item, you must contact us first within 7 days of receipt of goods. It may be that a return is deemed unnecessary. Where the goods are being returned because they are genuinely faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return providing that cost is first agreed with us. You shall not be entitled to reject faulty goods after the stated period unless in accordance with the manufacturer’s warranties, in which case you will be required to pay the cost of returning the goods to us.
Goods that have been damaged in transit may not be classed as faulty. See Damaged in Transit.
When Made to Order goods are found to be faulty then they will be replaced (a refund will not automatically apply).
Shortages and Errors
You must check all items are exactly as ordered upon receipt of the goods. It is your responsibility to contact us regarding any shortages or packing errors within 7 days of receipt of goods. We will correct such reported orders at our expense. You must comply with the conditions under Delivery and Title for goods that were delivered incorrectly or readily make clear to us with valid reason why that is not reasonable so that we can protect those goods without delay or obstacle.
Liability
As described earlier, if you have notified us of a problem with the goods, we will at our discretion either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect, incidental or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.
If we fail to deliver the Goods (or any instalment) for any reason within our reasonable control or not your fault, and we are accordingly liable to you, our liability shall be limited to the price of the goods.
We assume no responsibility for the contents of any other web sites to which this website has links.
Product Images, Descriptions and Packaging
Photographs of items offered for sale are for illustrative purposes only. milksafes.co.uk further reserves the right to change product descriptions and/or images as and when updated information is received from suppliers.
To achieve the very best selling prices, some products are split from manufacturers’ multi-packs, and therefore may not arrive boxed/in the original packaging. Unless a product is fitted by a milksafes.co.uk approved installer the suitability of any particular product for any particular purpose is the responsibility of the customer.
Where an image describes a product in situ, being applied in use, or adjacent or alongside other items then the other items you see may not be considered included in the price, unless expressly listed in the written description as included items.
Communication
By using milksafes.co.uk, you accept that internet based communication is an adequate form of long distance communication between us. Please contact us for customer support. We do ask for a contact phone number in case we need to discuss payment issues with you. We will not call you for any reason other than to discuss your order.
Children
milksafes.co.uk does not sell products intended for purchase by children. If you are under 18, you may use milksafes.co.uk only with the involvement of your parent or guardian. PLEASE NOTE that some items can be unsafe in the hands of children. It is your responsibility to heed any warnings on such products. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation herein.
Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. The contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.
No waiver or concession by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Copyright
The copyright of this web site and all it's content, images and product descriptions remains with milksafes.co.uk. We do not condone the use of our images or descriptions on other 3rd party web sites.
