1. Introduction1.1 IF YOU ARE A CONSUMER YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHIN 7 WORKING DAYS OF DELIVERY. FOR FURTHER INFORMATION SEE CLAUSE 8.1 BELOW.
1.2 We are Merchandise Mania Limited, an English registered company (company number 3957211). Our registered and trading addresses are at "Merchandise Mania LTD, 6 Elstree Way, Borehamwood, Herts, WD6 1RN. ENGLAND". Our other contact details are specified in the "Contact Us" section on our website. Our VAT number is 752475518.
1.3 Nothing in these terms and conditions ("T&Cs") affects your statutory rights as a consumer.
1.4 We may change these T&Cs at any time. Please check them carefully whenever you make a purchase.
2. Payment and price2.1 Payment is in advance by credit card and as otherwise stated on our website. We will only process credit card payments if we obtain authorisation from our credit card processing partner.
2.2 The price for the goods you order is stated clearly on our site. VAT or sales tax is included unless we say otherwise. We may change the price of goods at any time before you send us your order.
2.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it or the mistake is obvious. Delivery costs are charged extra at the rate specified when you place your order.
3. Your order3.1 Your order is an offer to buy from us. Please check your order carefully to ensure it is correct. Please supply us with all necessary information relating to the goods you order within a sufficient time to enable us to perform this contract.
4. Acceptance4.1 There will be no binding contract of any kind between you and us unless and until we actually despatch the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer.
5. Unavailability5.1 If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full credit card refund if your credit card has been debited.
6. Delivery6.1 We will arrange for delivery to the address which you specify when ordering.
6.2 We will do our best to arrange delivery within the time specified on our website or (if none) 30 days of the date of your order but we cannot guarantee delivery by these times. Our liability of any kind for late delivery or failure to deliver is limited to the price payable for the goods.
6.3 An extra delivery charge may become payable if you are not present to accept delivery.
6.4 Risk of damage or loss to the goods passes to you on delivery or, if you wrongfully refuse delivery, when delivery is attempted.
7. Ownership7.1 Property (ie ownership) of the goods shall not pass to you before we have received cleared payment for the goods.
8. Right to cancel8.1 If you are a consumer, as defined in the Consumer Protection (Distance Selling) Regulations 2000, you have the right within 7 working days of delivery of goods to cancel the contract by letter (by hand or post), fax or email to Linux@merchandisemania.co.uk . If you cancel, you must return the goods together with the invoice to Merchandise Mania, 6 Elstree Way, Borehamwood, Herts, WD6 1RN. ENGLAND at your expense. We will deduct the direct costs of recovery from the credit card refund if you do not comply or if you return them at our expense. However, we will pay the cost of returning any substitute goods. (This paragraph does not apply to goods which are liable to deteriorate or expire rapidly or the supply of audio or video recordings or software if unsealed or to newspapers, periodicals or magazines).
9. General9.1 These T&Cs shall be governed by English law and any disputes will be decided only by the English courts.
9.2 If any part of these T&Cs is deemed ineffective for any reason, the remainder shall continue shall in full force.
9.3 A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
9.4 Neither party is liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
Date 26/06/2008 Version 1.0