Terms & Conditions
1.1 The owner of this web site is All-Green (South West) Ltd. trading as www.auntiemorags.co.uk. These general conditions apply to all contracts for the sale or provision of goods or services by All-Green (South West) Ltd., a company registered in England and Wales (Company Number 5317452) whose address is Units 1 & 2, Common Lane, Halstock, Yeovil, BA22 9FD.
1.2 No addition to, nor any variation or waiver of, these general conditions, nor any terms or conditions proffered by the Customer or printed on the Customer's purchase order shall have any legal effect unless expressly agreed in writing on behalf Auntie Morags by a duly authorised employee of Auntie Morags
1.3 A reference in these general conditions to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.4 The headings in these general conditions are for convenience only and shall not affect their interpretation.
1.5 Any typographical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Auntie Morags shall be subject to correction without any liability on the part of Auntie Morags.
1.6 Reference to days, weeks or months is a reference to calendar days, weeks or months unless the context specifies otherwise.
1.7 "Working Days" means Monday to Friday and excludes bank holidays in England and Wales.
1.8 "Normal Business Hours" means 9am to 5pm on a Working Day.
1.9 Your contract for purchases made through the Site is with Auntie Morags.
1.10 You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
2.1 Auntie Morags will endeavour to fulfil the Customer's requirements promptly but no liability can be accepted for failure to deliver within advertised times.
2.2 Allow up to 21 days for delivery.
2.3 Auntie Morags reserves the right to make any changes whether technical or otherwise in the specification of the products or services which are required to conform with any applicable statutory or E.U. requirements or, where the products or services are to be supplied to the Customer's specification or which Auntie Morags considers in its absolute discretion to be necessary, which do not materially affect their quality or performance.
2.4 All purchases are non-exchangeable, non-refundable and non-transferable.
3.1 Products will be invoiced at the prices ruling at the time of order.
3.2 Auntie Morags may vary the price to reflect any variation in costs prior to delivery including without limitation any foreign exchange fluctuation or alteration of duties.
3.3 For purchases in the UK and Europe, the price includes VAT which will be charged at the rate ruling at the time of supply.
4.1 If you feel you require a refund you may request the refund by contacting Auntie Morags. We review all refund requests on a case-by-case basis and reserve the right to decline any refund if requested after 14 days from delivery.
4.2 Unless the item is faulty, or we have sent the wrong product you will be required to pay the return postage cost for the item(s).
4.3 Under almost any circumstances, we will not provide a refund after 30 days have passed from the order date.
TRANSFER OF PROPERTY AND RISK IN PRODUCTS SOLD
5.1 Products being sold shall remain the property of Auntie Morags until the whole of the price has been paid.
5.2 Until such time as the property in the products passes to the Customer, the Customer shall hold the Products as Auntie Morag’s fiduciary agent and bailee and shall keep the products separate from those of the Customer and third parties and shall keep the products properly stored, protected and insured and identified as the property of Auntie Morags but the Customer may resell or use the products in the ordinary course of its business.
5.3 In the case of products which after delivery cannot be distinguished from or become intermingled with other goods, any such goods in the possession of the Customer or its agent shall be conclusively deemed to be or to include products the property of Auntie Morags by virtue of sub-clause 5.1 above and Auntie Morags shall have the right to nominate at its discretion which part of such goods are its property and to retake possession of the same at any time before the property has passed to the customer pursuant to Condition 5.1.
5.4 Until such time as the property in the products passes to the Customer and provided the products are still in existence (subject to clause 5.3) and have not been sold, Auntie Morags may at any time require the Customer to deliver up the products to Auntie Morags and, if the Customer fails to do so forthwith, Auntie Morags may during Normal Business Hours enter on any premises of the Customer or of any third party (in the case of a third party acting as agent for the Customer) where the products are stored and repossess the products.
5.5 The Customer shall not be entitled to pledge or charge in any way by way of security for any indebtedness any products which remain the property of Auntie Morags but if the Customer does so, all moneys owing by the Customer to Auntie Morags shall (without limiting any other right or remedy of Auntie Morags forth with become due and payable.
5.6 The risk in products shall pass to the Customer upon delivery or if the Customer wrongly fails to take delivery of the products, at the time when Auntie Morags has tendered delivery of the products.
DELIVERY AND STORAGE
6.1 Auntie Morags reserves the right to charge for delivery.
6.2 If full delivery cannot be made to the agreed drop point or delivery address due to the Customer's act or omission, Auntie Morags may additionally charge for abortive journeys or part deliveries.
6.3 If the Customer fails to accept delivery Auntie Morags shall be entitled to:
6.3.1 make arrangements for storage of products and to charge the Customer accordingly and the Customer shall become responsible for the risk of loss of or damage to the products and for paying the contract price as if the products had been delivered; or
6.3.2 sell the products at the best price readily obtainable and (after deducting all storage, insurance and selling expenses) charge the Customer for any shortfall below the agreed price.
6.4 The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
6.5 If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Auntie Morags advises each customer to contact their local customs office for further information. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
6.6 For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as postal services may be delayed in your area.
6.7 Auntie Morags reserves the right to cancel orders to, or make an additional charge, at its sole discretion, orders to the Channel Islands, Northern Ireland and other Highlands and Islands.
SHORTAGE, LOSS OR DAMAGE IN TRANSIT
7.1 The Customer shall report promptly to Auntie Morags (and to the carrier if not Auntie Morags) any shortage or loss of or damage to products in transit. Damaged products and packing must be kept for inspection by Auntie Morags for a minimum period of 90 days.
7.2 Auntie Morags shall not be liable for any shortage, loss, damage or discrepancy unless notification (confirmed in writing) is received by Auntie Morags within 7 Working Days of delivery in the case of shortage, damage or discrepancy or within 21 Working Days from the date of delivery notified to the Customer in the case of total non-delivery.
TECHNICAL SPECIFICATIONS, DESCRIPTIONS, etc.
8.1 All descriptions, technical specifications, drawings, illustrations given in catalogues or other literature issued by Auntie Morags while given in good faith shall not form part of the contract unless specifically incorporated therein and Auntie Morags accepts no liability for minor variations.
8.2 Auntie Morags or where applicable the licensor or supplier to Auntie Morags owns all intellectual property rights including without limitation copyright, designs, trademarks, patents and any other intellectual property rights howsoever existing relating to the products or services supplied by Auntie Morags and whether or not registered and existing in any part of the world which subside in the specifications, data and other documents relating thereto.
9.1 Auntie Morags undertakes to repair or, at its option, replace products which fail (fair wear and tear excepted) within a life time of the passing of risk in the products to the Customer pursuant to these general conditions provided that such failure has occurred normal conditions and subject to proper storage, use and maintenance of the relevant products by the Customer provided that:
(i) the Customer notifies Auntie Morags promptly with details of any alleged defect or malfunction;
(ii) the Customer gives Auntie Morags or its agents the opportunity to inspect on site and, if Auntie Morags so requests, the products are returned promptly carriage to be paid by the Customer (and details of carriage notified in writing to Auntie Morags in advance);
(iii) the products have not been repaired or modified by anyone other than Auntie Morags or its agents; and
(iv) the products have been installed or used in compliance with Auntie Morag’s recommendations.
9.2 Auntie Morags may at its option elect to refund or forgo the contract price and take back the products supplied, or equipment provided in full satisfaction of any liability or obligation under sub-clause 11.1. above.
9.3 Failure to comply with Auntie Morag’s usage recommendations, shall relieve Auntie Morags of any responsibility for any loss or damage to products attributable directly or indirectly to defective installation.
REPRESENTATIONS, ADVICE AND EXCLUSION OF IMPLIED TERMS
10.1 The rights, obligations and liabilities of the parties under these conditions shall be in lieu of any warranty or condition implied by common law or by statute into a contract for the sale of products or supply of services and all such warranties or conditions are excluded to the fullest extent permitted by law.
10.2 No warranty is given that products or services are suitable or sufficient for any specific purpose unless such purpose is defined in the contract and expressly accepted by Auntie Morags in writing.
10.3 Any advice given or representation made by Auntie Morags, its employees or agents is given or made without liability or otherwise except only if Auntie Morags agrees in writing to provide technical advice in return for a specific fee, in which case the liability Auntie Morags, its employees and agents shall be limited to the amount of the fee received for such advice.
LIMITATION ON LIABILITY
11.1 Auntie Morags shall under no circumstances be liable in contract or otherwise for any loss, damage, expense or injury whatsoever (other than personal injury or death arising from the negligence of Auntie Morags of its employees or agents, responsibility for which is not excluded hereby) including loss of data, lost profits, contracts or goodwill, loss of anticipated savings or other special, indirect or consequential loss or otherwise arising out of or in connection with the supply, installation, use or failure of or defect in the products. Save in respect of claims for personal injury or death arising from Auntie Morag’s negligence, Auntie Morag’s liability shall be limited to the value of the products to which the claim relates whether such damages were reasonably foreseeable or actually foreseen.
12.1 The Customer shall forthwith on demand indemnify and hold Auntie Morags and its employees from and against any claim made against, or any loss, cost, damage, injury or expense suffered by Auntie Morags or its employees or agents:-
(i) howsoever arising on the Customer's site or on any site to which delivery is made or at which services are provided at the request of the Customer; or
(ii) caused or contributed to by the negligence of the Customer, its employees or other persons for whom the Customer is responsible; or
(iii) arising out of any breach by the Customer of or any liability of the Customer under the contract or these conditions; save, in any case, to the extent directly caused by the negligence of Auntie Morags, its employees or agents.
12.2 If at the request of (or by contract with) the Customer, Auntie Morags agrees to provide products or services to any person who is not a party to the contract, the Customer shall procure that such person agrees to be bound by these conditions as though a party to the contract, and the Customer shall indemnify Auntie Morags forthwith on demand from and against any consequences of the Customer failing so to do, including any claim made by such person which he could not make if a party to the contract.
STATUTORY OBLIGATIONS AND CONSENTS
13.1 The Customer shall be responsible for obtaining necessary consents and for complying with all obligations imposed by law, statute or local regulation in connection with any products supplied, equipment provided to the Customer or work done on the Customer's site.
13.2 The Customer's attention is drawn to the fact that statutory regulations and recognised codes of safe practice may cover the storage, handling, conveyance and use of products supplied by Auntie Morags.
TERMINATION OF SUPPLY AND REPOSSESSION OF AUNTIE MORAG’S PROPERTY
14.1 Auntie Morags may stop supply of goods or services or, at its option, forthwith terminate this contract on notice to the Customer without prejudice to any then accrued rights of either party if:
14.1.1 the Customer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction not involving insolvency); or
14.1.2 an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the Customer; or
14.1.3 the Customer experiences any procedure or event similar to those specified in clauses 16.1.1 and 16.1.2 under the laws of any jurisdiction; or
14.1.4 the Customer ceases, or threatens to cease, to carry on business; or
14.1.5 Auntie Morags reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly; or
14.1.6 if the Customer commits any material breach of any provision of the contract or these conditions.
15.1 Neither party shall be liable for any failure to fulfil its obligations under the contract if such failure is due to strike, lock-out, industrial dispute, breakdown of plant, transport or equipment or, whether or not of the same nature as the foregoing, to any event or circumstances beyond a party's reasonable control ("Event of Force Majeure"). If an Event of Force Majeure continues for a continuous period of more than [6 months], either party may terminate the agreement by written notice to the other party.
15.2 Any costs arising from such delay shall be borne by the party incurring the same.
15.3 Both parties shall use all reasonable endeavours to mitigate the impact of any Event of Force Majeure and to recommence performance of their obligations under the contract as soon as reasonably possible.
15.4 Auntie Morags will have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
16.1 Auntie Morags shall be entitled to assign its rights and obligations hereunder wholly or partly to any subsidiary company of Auntie Morags or of Auntie Morag’s holding company for the time being.
16.2 No waiver by Auntie Morags of any breach of this contract by the Customer shall be considered as a waiver of any subsequent breach of the same or of any other provision. No forbearance, delay or indulgence by Auntie Morags in enforcing the provisions of the contract shall prejudice or restrict the rights of Auntie Morags nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for Auntie Morags is exclusive of any other right, power, or remedy available to Auntie Morags and each of such rights, powers or remedies shall be cumulative.
16.3 All notices hereunder shall be in writing and in each case addressed to the most recent address or facsimile number notified to the other party. Any such notice may be delivered personally, by first class pre-paid letter or facsimile transmission and shall be deemed to have been duly given:
16.3.1 when delivered, if delivered by hand by courier or other messenger (including registered mail); or
16.3.2 when sent, if transmitted by fax during normal Business Hours on a Working Day (and if despatched outside Normal Business Hours on a Working Day, then at the next commencement of Normal Working Hours on a Working Day) and when a successful transmission report or return receipt is generated; or
16.3.3 48 hours after the date of posting if sent by first class post and proof of posting shall be sufficient evidence of due delivery.
16.4 If any provision of the contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected.
16.5 The parties confirm their intent not to confer any rights on any third party by virtue of the contract and accordingly, the Contracts (Right of Third Parties) Act 1999 will not apply to the contract.
16.6 The contract supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the subject matter of the contract. The parties confirm that they have not entered into the contract on the basis of any representation that is not expressly incorporated into the contract. Nothing in this clause shall exclude or limit liability for fraudulent misrepresentation.
16.7 The contract shall be governed by the laws of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.