Terms and conditions
Welcome to MASCo Architectural Salvage terms and conditions for the use of this site.
These terms and conditions apply to the use of this website at www.mascosalvage.com.
By accessing this website and/or placing an order and/or participating in any promotion undertaken on this site, you agree to be bound by these terms and conditions.
Use of this website indicates that you accept these terms and conditions regardless of whether or not you choose to order from us or participate in one of our transactions. If you do not accept these terms, please do not use this website. Prices quoted exclude VAT at the prevailing rate, unless otherwise stated. All dimensions are approximate and errors and omissions are expected.
1. USE OF THE ONLINE SERVICE
1.1 You may only use this Online Service (and are only authorised to do so) if:
1.1.1 you agree to, and accept, all of our terms and conditions ("Conditions") set out below;
1.1.2 you are located in or using this Online Service in a jurisdiction, such as the United Kingdom of Great Britain and Northern Ireland, which does not:
- render these Conditions void or ineffective in whole or in any material part; or
- make accessing this Online Service illegal.
2. DEFINITIONS AND INTERPRETATION
In these Conditions:
"Conditions" means these standard terms and conditions for the use of this site or for the online purchase of our merchandise;
"Goods" means our online merchandise described in the Order;
"Order" means any order form submitted by you using our Online Service for the purchase of merchandise;
"Substitute Goods" means Goods of equivalent price and quality that we may in our absolute discretion supply to fulfil your Order in the event that any Goods are unavailable. Such supply shall be subject to your right to cancel the Order and return the Substitute Goods to us at our expense, as set out in clause 4.3.
3. ACCEPTANCE OF ORDERS
3.1 Each Order shall be deemed to be an offer by you to purchase Goods set out in the Order in accordance with these Conditions. We shall endeavour to determine whether we can accept your Order within 1 working day of your submission of the Order to us, unless you are buying direct using the e-commerce facility. We reserve the right to reject any Order for any reason whatsoever.
3.2 Each Order that we accept shall be followed by an acknowledgement of the Order, which shall be evidence of our acceptance of the offer contained in the Order. We shall send you an acknowledgement online, together with an option for you to print out a hardcopy of the acknowledgement, and a copy of the acknowledgement by email. Our acknowledgement shall contain the following information:
3.2.1 confirmation of our identity (The Old Radiator Company MASCo Architectural Salvage with whom you have a contract) and contact details for any complaints;
3.2.2 description of the Goods ordered;
3.2.3 the price of the Goods ordered, including all VAT and other taxes;
3.2.4 the delivery costs, where appropriate;
3.2.5 confirmation of the arrangement for payment, delivery and performance of the Order;
3.2.6 details of your right to cancel the Order (reproduced in clause 4.3 below);
3.2.7 the period for which the offer or price remains valid; and
3.2.8 (where applicable) details of Goods of equivalent price and quality that we shall supply to fulfil your Order ("Substitute Goods") in the event that the Goods you order are unavailable.
4. GOODS - RETURNS & CANCELLATION
4.1 We shall use our best endeavours to ensure that all Goods supplied shall be of the very best quality and will adhere to any representations as to quantity, quality, standards or description made via this Online Service.
4.2 You may reject any Goods which are faulty or which do not conform to the quantity, quality, standards or description expected by you, at any time up to 14 working days from receipt of the Goods by you or the person to whom you have directed us to deliver the Goods, provided that:
4.2.1 you take reasonable care of them;
4.2.2 except for faulty goods:
- any Goods supplied in any sealed or secure packaging must be returned in the same packaging, whose seal or security must not have been broken or disturbed; and
- the Goods must be returned at your expense; and
- our sole liability shall be the issue to you of a credit note for the price of the Goods, or at our sole and absolute discretion, a refund of the price of the Goods. Refunds will exclude charges incurred in the processing and refunding of the Order.
4.3 You may cancel the Order for the Goods at any time up to seven working days from the receipt of the Goods by you or the person to whom you have directed us to deliver the Goods, provided that:
4.3.1 you give us a notice of cancellation by any of the following methods:
- by post: - MASCo Architectural Salvage, Cirencester Road, Aston Down, Stroud, Glos GL6 8PE
- by phone: 01285 760886
- by email: firstname.lastname@example.org
4.3.2 if any Goods included in the Order have been delivered to you or the person to whom you directed us to deliver them you must take reasonable care of them and:
- any Goods supplied in any sealed or secure packaging must be returned in the same packaging, whose seal or security must not have been broken or disturbed;
- you must return them to us at your expense, except where the Goods are Substitute Goods, in which case we shall reimburse the reasonable costs of returning the Substitute Goods.
You will be requested to submit your credit or debit card details with all Orders. We shall only accept Orders for which valid credit or debit card details are provided, subject to the terms and conditions of the payment service provider and the credit or debit card issuer for the authorisation of online sales.
6.1 Goods for delivery addresses in the UK shall be delivered by Royal Mail or by courier at the rates set out in the Order to the delivery address given by you in the Order. Goods shall remain at our risk until delivered to the delivery address.
6.2 Goods for delivery addresses outside of the UK shall be delivered by courier at the rates set out in the Order to the delivery address given by you in the Order. Goods for delivery to addresses within the European Union shall remain at our risk until delivered to the delivery address. Goods for delivery to addresses outside of the European Union shall be at your risk.
6.3 We shall use our best endeavours to despatch all Orders to you within 14 working days of our acceptance of the Order.
7.1 We warrant that the Goods shall be free from defects in materials and workmanship for a period of 28 days from the date of delivery, provided that:
7.1.1 we shall not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow any Goods' instructions, misuse, alteration or unapproved repair;
7.1.2 this warranty shall not cover Goods not manufactured or produced by us. For Goods not manufactured by us you shall be entitled to the benefit of any warranty or guarantee that we obtain from the manufacturer;
7.1.3 you return the defective Goods to us in accordance with the terms for returns at clause 4.2.
sole remedy for a breach of this warranty by us shall be the free replacement of the Goods by us or the issue of a credit note to you for the price of the Goods, or at our sole and absolute discretion, a refund of the price of the Goods, together with the reimbursement of your reasonable expenses in returning the Goods to us.
8. FORCE MAJEURE
8.1 Whilst we shall endeavour to fulfil your Orders swiftly and efficiently, we shall not be liable for any delay in performing or any failure to perform any of our obligations under these Conditions if the delay of failure was due to a cause beyond our reasonable control ("Force Majeure"). For the avoidance of doubt, Force Majeure shall include, without limitation, the following:
8.1.1 Act of God, explosion, flood, tempest, fire or accident;
8.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind in the part of any governmental, parliamentary or local authority;
8.1.4 import or export regulations or embargoes;
8.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or employees of a third party);
8.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
8.1.7 power failure or breakdown in machinery.
9. EXCLUSION OF LIABILITY
9.1 We shall not be liable to you for any indirect damages or any consequential damages (including, without limitation, loss of profits, loss of contracts) or any other special, exemplary, punitive or any other monetary or other damages or liabilities arising out of or relating to any representation, implied warranty, condition or other term, any duty at common law or obligation placed on us by these Conditions.
9.2 Our entire liability under or in connection with any agreement created by our acceptance of your Order shall not exceed the total price of the Goods itemised in your Order, except where expressly stated otherwise in these Conditions.
9.3 We accept that nothing contained in these Conditions excludes or limits any liability which we are not entitled to exclude by law, including liability for death or personal injury caused by our negligence.
10. PERSONAL DATA
10.1 To enable us to offer the Online Service to you we need to collect and use personal data about you (your "Customer Information"). The Customer Information is all the information requested on each of your Orders, and is required to process your Order.
10.2 You hereby warrant that your Customer Information shall not:
10.2.1 be false, inaccurate or misleading;
10.2.2 violate any law, statute, regulation or order (including, without limitation, those concerning consumer protection, unfair competition, anti-discrimination or the advertising prohibited goods or services); or
10.2.3 contain any virus, worm, Trojan horse, time bomb, cancelbot or other code that contains contaminating or destructive properties.
10.3 We shall keep your Customer Information secure and confidential. We warrant that each of our companies processing personal data holds and will maintain a notification with the Information Commissioner under the Data Protection Act 1998, as amended or re-enacted from time to time, for all processing of your Customer Information. We shall not disclose, sell, rent or share your Customer Information to or with any person outside of our group of companies without your consent.
10.4 Our website administrators use servers based in Gloucestershire, England where your Customer Information will be stored. Our website administrators will keep your Customer Information secure and confidential in accordance with the terms and conditions of our agreement with them. You hereby consent to the processing of your Customer Information in the United Kingdom and we will deem your submission of personal data in an Order to be confirmation of your consent.
11.1 Visitors to this site are permitted to print and download PDFs as directed within the various sections of the site.
11.2 Visitors to this site are not permitted to print and download any other extracts from the website without authorisation in writing from MASCo Architectural Salvage.
11.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by MASCo Architectural Salvage or our licensors. For the purposes of these terms and conditions, any use of extracts from this site other than in accordance with clause 12.1 and 12.2 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website is automatically terminated and you must immediately destroy any downloaded or printed extracts from this website.
11.4 Subject to clause 12.2 above, no part of this site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without prior written authorisation.
12.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this site. We may make changes to the material on this website, or to the merchandise and prices described in it, at any time without notice.
12.2 The material on this website may, on occasion, be subject to change or become out of date and while we shall make every endeavour to ensure its accuracy, we accept no responsibility or liability in such an event.
13.1 We (The Old Radiator Company MASCo Architectural Salvage) may perform any of our obligations or exercise any of our rights set out in these Conditions ourselves or through any other member of our group, provided that any act or omission of any such member shall be deemed to be our act or omission.
13.2 No forbearance, delay or indulgence by either party enforcing the provisions of these Conditions shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy conferred upon or reserved for either party by these Conditions is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
13.3 If the whole or any part of the terms of these Conditions prove to be illegal or unenforceable the remainder of the Conditions shall remain in full force and effect.
13.4 Recommendations: When asked MASCo may be able to refer clients to suitable tradesmen but MASCo cannot be held responsible for any arrangements that the client subsequently makes or for the quality of work of the referred tradesman.
14.1 We employ security measures to prevent unauthorized access to information that we collect online.
14.2 We use a secure online order form for all purchases made via the Website. All data transmitted via this form (including credit card details) is 128bit encrypted to ensure secure transmission.
14.3 Please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly please do not send any sensitive information such as credit card details or passwords via email.
15. GOVERNING LAW
These Conditions shall be governed by and consrued in accordance with English law, and, subject to any applicable law governing consumer contracts, shall be subject to the exclusive jurisdiction of the High Court of England.
15. CONDITIONS OF SALE
15.1 All purchases must be paid prior to their removal from the vendors premises or the appointed shipping agents premises.
15.2 All goods are sold subject to the understanding that title does not pass to the purchaser until the goods have been paid in full.
15.3 Responsibility for the safety and security of the goods pass to the purchaser as soon as the goods are removed from the vendors premises, and the purchaser will indemnify the vendor against all liability howsoever arising after such removal.
15.4 While delivery can be arranged on behalf of purchaser to transport goods ordered from the vendors premises, the carrier does so as a contractor of the purchaser, not the vendor, or by the carrier. Any disputes concerning carriage are therefore to be conducted by the purchaser with the carrier, and the vendor accepts no liability arising out of the appointment of such contractor.
15.5 ALL GOODS ARE SOLD AS SEEN AT OUR PREMISES. While we may supply photographs, measurements, catalogues and drawings of goods, these items are for their identification and reference only, purchasers are advised to examine the goods as to their condition, dimensions and quality, before purchase, and the vendor gives no warranty or guarantee in respect thereof.
15.6 Any modifications to the above conditions must be noted and signed by the vendor on the invoice.
The Old Radiator Company. Registered in England No. 4719870
VAT Registration: 813556630