1.1. In these Conditions, the following definitions shall apply:
Business Days: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 14. Contract: the contract between Morgan-Genus Ltd and the Customer for the sale and purchase of the Goods in accordance with these Conditions. Customer: the person or firm who purchases the Goods from Morgan-GenusLtd. Delivery Location: has the meaning given in clause 6.5. Force Majeure Event: has the meaning given in clause 13. Goods: the goods (or any part of them) set out in the Order. Morgan-Genus Ltd : (registered in England and Wales with company number 09168493 with registered office address at 84 Apsley road Oldbury B68 0QZ. Order: the Customer’s order for the Goods submitted by the Customer online via the Website. Specification: any specification for the Goods, including any related plans and drawings, that are agreed by the Customer and Morgan-Genus Ltd Website: means the website accessible at morgangenus.com.
1.2. In these Conditions, the following rules apply:
1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns. 1.2.3. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 1.2.4. A reference to writing or written includes e-mails.
- The Contract
2.1. The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order and any Specification submitted by you are complete and accurate. 2.2. The Order shall only be deemed accepted by Morgan-Genus Ltd when you have paid for the goods, monies received by Morgan-Genus Ltd and the goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Morgan-Genus Ltd of your order. 2.3. All Orders placed via the Website are subject to stock availability and to the validation checks described in section 10 below. In the unlikely event that you are able to place an Order for an item that is not available from stock, Morgan-Genus Ltd will contact you as soon as possible. Depending on the time period for stock to arrive you may be given the option to wait for your items or your order will be cancelled. In these circumstances, upon cancellation, you will be refunded in full. 2.4. Morgan-Genus Ltd only accepts Orders originating from and for delivery to UK addresses. 2.5. The only language in which the Contract can be concluded is English. 2.6. Morgan-Genus Ltd will retain details of your Order in our database and these details can be made available to you on request.
- Product Information
3.1. Products are described on the Website or in the Specification. 3.2. Morgan-Genus Ltd reserves the right to amend the product description if required. 3.3. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices. 3.4. All weights and sizes are supplied as a guide only and are approximate. 3.5. Guided Sales, Buyers Guides and all other advice articles have been produced by Morgan-Genus Ltd to help you in your purchasing decisions and to give guidance. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional. Morgan-Genus Ltd accepts no liability for any loss, damage or injury arising as a result of the advice contained on our website. 3.6. In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your order and your credit/debit card or your Paypal account will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
- Price Information
4.1. The price of the Goods is the price set out on the Website. All prices are shown in Pounds Sterling. 4.2. The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to you separately. 4.3. The price of the Goods is inclusive of VAT.. 4.4. Where the ‘In-store Price’ is listed, this refers to the current price in stores. 4.5. The prices shown are only applicable to purchases made via the Website. On occasions, the prices payable and promotions offered online may differ from those prices and promotions offered at the same time in stores. We are under no obligation to honour any in-store price or promotion that differs from those online. Similarly, stores are under no obligation to honour any online price or promotion that differs from the in-store price. 4.6. Special Offers and promotions advertised in the press or other media may be excluded from the site unless specifically advertised as available online. All offers are subject to availability and while stocks last. This includes all offers advertised via official Morgan-Genus Ltd social media channels. 4.7. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied in the basket. Equally, voucher code offers cannot be used in conjunction with any other promotional offer.
- Payment Information
5.1. Morgan-Genus Ltd accepts payment by most major credit or debit cards registered at UK addresses, or by Paypal registered to UK addresses. We regret that we are unable to accept payment online by cheque, cash, Gift Vouchers, Gift Cards, High Street Vouchers, Purchase Orders or any other form of payment.. 5.2. Please ensure that the expiry date of your credit or debit card is after the anticipated despatch date of your Order. Payment will be debited from your account just before the despatch of your goods, and if your payment card has expired, we will be unable to take payment and fulfil your Order. 5.3. When an Order is placed a pre-authorisation will be made against your account. Payment is not taken at this time. Morgan-Genus Ltd will endeavour to process any payments at the time of dispatch. On the rare occasion that this process is not successful, we will re-process accordingly. We will not inform you if this delay occurs. Morgan-Genus Ltd are not liable for any bank charges that may be incurred by the Customer if sufficient funds are not available at the time when payment is taken. 5.4. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. 5.5. In addition, to prevent fraudulent use of credit and debit cards, Morgan-Genus Ltd will validate the names, addresses and other information supplied during the Order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your Order or we may be unable to accept your Order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
- Delivery of Goods
6.1. Morgan-Genus Ltd can only deliver to addresses within the United Kingdom. Unfortunately, we are unable to deliver to non-UK destinations, including the Republic of Ireland, the Channel Islands and BFPO addresses at this time. 6.2. For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time. 6.3. The delivery charge for each item is listed on the product detail page. When you add products to your shopping basket and have chosen the delivery option the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process. 6.4. Any dates quoted for delivery are approximate only and Morgan-Genus Ltd cannot be held liable for any costs incurred if delivery is delayed. 6.4.1. However, in the event that delivery is delayed for next day/ named day deliveries, Morgan-Genus Ltd liability will be limited to a refund of the additional delivery surcharge paid. 6.4.2. Please be aware that Royal Mail First Class postal service can take up to 7 days. This is under the terms of Royal Mail and is out of Morgan-Genus Ltd control. 6.4.3. 3rd Party couriers can deliver direct delivery orders between the hours of 7am and 9pm 6.5. Morgan-Genus Ltd shall deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time after Morgan-Genus Ltd notifies the Customer that the Goods are ready. 6.6. Delivery of the Goods shall be completed on the Good’s arrival at the Delivery Location. 6.7. Morgan-Genus Ltd may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 6.8. Risk in the Goods (including risk of loss and damage to goods) will pass to you on completion of delivery. 6.8.1. If the courier fails to deliver the Goods, they will either attempt to deliver to an immediate neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect. 6.9. Morgan-Genus Ltd shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by a Force Majeure Event or the Customer’s failure to provide Morgan-Genus Ltd with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- Refunds and Returns
7.1. If you do not want any item that we have delivered, we are happy to offer you an exchange or refund within 28 days of delivery, provided that it is returned to us in its original and unused condition (including in its original packaging), along with the wrapping and delivery note (as proof of purchase). If you choose to return an item by post you will need to cover the cost of postage however if you are returning a faulty item your postage cost will be refunded once we have received back, checked and confirmed the fault. 7.2. You may send returns back to us via which ever method you choose, however we do recommend using a trackable service and obtaining proof of postage. When sending returns back to us you must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. Please make sure goods are securely packaged, as Morgan-Genus Ltd cannot be responsible for lost or damaged returns. 7.3. We will endeavour to process refunds as soon as possible, but will refund the account within 14 days of receipt of your item.
Statutory Cancellation Rights:
7.3.1 Under the Consumer Contracts Regulations, you have the right to cancel your order within 14 days. The cancellation period will expire 14 days from the day after the day on which you acquire, or a 3rd party other than the carrier and indicated by you, acquires physical possession of the goods.
- Complaints and Queries
8.1.If you are not happy with any aspect of our online service, discover a fault with our website, or if you have any queries or comments relating to an order placed online, please contact us and we will do everything we can to help you. 9.2. Your access to Morgan-Genus Ltd may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.
- Safe Shopping Guarantee
9.1. We have used every effort to ensure that shopping on the Internet with Morgan-Genus Ltd is as safe as purchasing by card in a regular store. Our secure server software encrypts all of your personal information sent over the Internet. In processing your Order, your information may have to be sent over the Internet more than once. At no point is your Order information sent in this way without encryption. 9.2. Although Morgan-Genus Ltd endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and dealing online over the Internet and Morgan-Genus Ltd cannot be held responsible for any breach of security unless it is due to our negligence.
10.1. Nothing in these Conditions shall limit or exclude Morgan-Genus Ltd liability for: 10.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 10.1.2. fraud or fraudulent misrepresentation; 10.1.3. breach of the terms implied by Section 12 of the Sale of Goods Act 1979; 10.1.4. defective products under the Consumer Protection Act 1987; 10.1.5. any matter in respect of which it would be unlawful for Morgan-Genus Ltd to exclude or restrict liability. 10.2. Subject to clause 10.1: 10.2.1. Morgan-Genus Ltd shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and 10.2.2. Morgan-Genus Ltd total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the monies paid by the Customer to . Morgan-Genus Ltd 10.3 The majority of card issuers cover all the charges that may result from unauthorised use of your credit card or debit card, but some may limit your liability to £50. If you believe your credit or debit card has been subject to unauthorised use you should contact your card issuer without delay.
- Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract where such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, riot, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Morgan-Genus Ltd reserve the right to change these Terms and Conditions at any time, without notice. Any changes will take effect when posted on this Website. By using this Website you agree to be bound by these Terms and Conditions.
- 13. Governing law and jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.