When placing an order YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Our contact details are as follows:
Trading Address: 2 - 4 Pelham Street, Ilkeston, Derbyshire. DE7 8AR
This page contains information on the terms and conditions for purchases from MalcsModels.co.uk.
Last Updated 1st February 2014
These terms and conditions apply to all purchases of any products from Malcs Models. By using our website and or placing an order with us you agree to be bound by all of these terms, conditions and policies set out below or within our website. Malcs Models at its discretion reserves the right to change / modify this website and terms and conditions at any time, see the above date on this page for last updated date, therefore please read these terms and conditions each time before placing a purchase order.
CONTENTS OF THE TERMS & CONDITIONS
3. Basis of Sale
4. Price & Payment
5. Description of Product(s)
7. Acceptance of Product(s)
8. Cancellations & Returns
9. Data Protection & Privacy
12. Intellectual Property
13. Law of Contract
1.1 - "Product" means the goods and / or items you have specified.
1.2 - "Seller" means secretgardeninteriors.co.uk.
1.3 - "Us", "We", "Our" means secretgardeninteriors.co.uk.
1.4 - "Buyer" means the person who buys or agrees to buy products from the seller.
1.5 - "You", "Your" means one of our customers, buyers or those viewing our website.
1.6 - "Price" means the final cost for the product excluding the delivery charge.
1.7 - "Order" refers to your offer, as the buyer, to purchase products from us. Whether electronically or via other means.
1.8 - "Working Day" means every day of the year except weekends, and English statutory and public holidays.
1.9 - "Malcs Models" means us as a company called "Malcs Models" and any other connected organisation that supplies the goods ordered by you and any successor to its business.
1.10 - "Contract" refers to any contract between the buyer and the seller for the sale and purchase of products incorporating these conditions, whether completed electronically through this website or via other means.
1.11 - "Malcs Models Address" refers to the sellers address. This address is; Malcs Models, 170a Nottingham Road, Ilkeston, Nottingham, Derbyshire. DE7 5AB.
2.1 - We will not and are not liable to any loss caused to you where performance of any of our obligations to you is prevented, frustrated or impeded by reasons out of our control, including but not limited to acts of God, war, civil commotion, accident, strikes, fire, trade disputes, unavailability of ordered products from our supplier for whatever reason including discontinuation of such products lines, import or export restrictions or embargoes or any other cause not within reasonable control of Malcs Models.
2.2 - To the extent permitted by law, we accept no liability for any loss, damage or injury arising as a consequence of the advice provided.
2.3 - If any part of these terms and conditions are found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.
2.4 - We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves and that all sizes and measurements quoted are approximate.
2.5 - These terms and conditions and any contract between us and you shall be governed by and construed in accordance with English and Welsh law and the English & Welsh Courts shall have jurisdiction over any disputes between us.
2.6 - Provided that if if any event referred to in clause 2.1 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the contract.
2.7 - Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the seller, addressed to the seller at its address or in the case of notices to the buyer, at the buyers' address as provided to the seller.
2.8 - No responsibility will be accepted for goods used within a contract environment i.e. public houses, Clubs, Restaurants, etc.
2.9 - We take no responsibility for printing errors on this website.
3. BASIS OF SALE
3.1 - Subject to the buyer's right to cancel the Contract, included in clause 8, the seller shall sell and the buyer shall buy the products in accordance with the confirmation. No contract exists between the buyer and the seller for the sale of any products until the seller has received, processed and confirmed the order and the seller has received payment in full, (cleared funds). Once the seller does so, there is a legally binding contract between the buyer and the seller.
3.2 - The buyer may not assign the contract or any part of it without prior written consent.
3.3 - The seller may assign the contract or any part of it to any person, firm or company.
3.4 - The description of the goods orders shall be set out in writing in the confirmation sent from the seller to the buyer.
3.5 - Any item that is not the specified product in the product description on the web page, and that appears in any photograph or illustration on the website, will not form part of this contract. An example is other pieces of furniture and furnishings that can be seen in the pictures depicting the item in question in a natural setting. Such information is for illustration purposes only and may not comprise part of the products.
3.6 - When you the buyer click on "Check Out" on the "Shopping Cart Page", you offer to buy the goods at the prices indicated including any additional delivery charges that apply to your purchase.
3.7 - If your order is accepted, you will be notified of this soon after you submit your order by clicking "Complete Order". If any errors are made without us being aware we reserve the right to cancel the order as set out in clause 8.7.
3.8 - Any acceptance of an order placed from outside the United Kingdom (UK) mainland is not valid.
4. PRICE & PAYMENT
4.1 - The price you pay is the displayed price on this website at the time we receive your order apart from if a price typing error has been made by us, in which case you will be given the option for a full refund or price correction.
4.2 - All product prices are in £ sterling and include VAT at the current standard rate but exclude delivery charges unless expressly stated.
4.3 - If we make an error in the confirmation or in any invoice or receipt, we have the right to correct that error within 30 days of being notified of any error.
4.4 - Payment of the price shall be due on the date of the purchase order. The order will not be processed and thus confirmed without full payment of the order price.
4.5 - No payment shall be deemed to have been received until the seller has received cleared funds. There will be no delivery until cleared funds have been received.
4.6 - Payment can be made by any method specified at checkout. We accept Paypal & mostly all credit and debit cards apart from American Express & Diners Club. We also accept cheque, however the order will not be processed until we receive cleared funds from the cheque.
4.7 - We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible and you will be offered a full refund if you have already paid for the goods.
4.8 - Payment shall be made by the buyer without any deduction to the seller unless the buyer has a valid court order requiring an amount equal to such deduction to be paid by the seller to the buyer.
5. DESCRIPTION OF PRODUCT(S)
5.1 - The description and the quantity of the products shall be set out in the seller's order confirmation.
5.2 - We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves (due to natural variations in the wood grain) and that all measurements are approximates.
6.1 - We shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of goods whatsoever. We are not liable for any breakages or damages caused whatsoever upon entering a buyers house, standard delivery is to the front door so if wanting a 2 man or assembly service the buyer allows the delivery men into their property entirely at their own risk.
6.2 - Delivery will be by our own vehicles, specialist courier service or standard couriers. A 1-man team will deliver your order and he will need assistance on the other end for off loading heavier items. We do offer a 2 man delivery service on bespoke orders. We deliver Monday-Friday 8.00am-6.00pm. out of these times and Saturday delivery can be arranged at an extra charge. If deliveries are made by an external carrier these delivery times will be Monday - Friday between the hours of 8am and 5.30pm and no time slot can be allocated. Dates and times quoted for delivery are approximate only and will be specified upon receipt of the order. To help you plan, approximately two days prior to the agreed delivery day our carrier will contact you to confirm the day and an estimated time window if possible.
6.3 - Where an order contains more than one item, all items will be delivered at the same time once all items are available. It is at our discretion to deliver goods in stages if we are waiting for goods to come into stock.
6.4 - There is only one delivery charge per order. You can select your desired delivery service prior to checkout.
6.5 - Delivery is only available to UK mainland addresses. For deliveries to Northern Ireland, Scottish islands, Isle of Man, Isle of Scilly, Jersey & Guernsey we will deliver to a nominated mainland GB address, e.g. a port. Onward shipping from that point is the responsibility of the buyer.
6.6 - The products the buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the buyer and us.
6.7 - Goods will be deemed to have been delivered once delivered to the specified address as detailed in clause 6.4 and the we will not be liable to you for non-delivery of the goods. We do not need to satisfy ourselves that the person accepting delivery at the specified address is the buyer (or authorised by the buyer to accept delivery of the goods).
6.8 - If the buyer or any authorised person is not present to receive the delivery by our carrier on the agreed date, re-delivery may take place the next day and if not in on the re-delivery we reserves the right to re-charge the buyer the delivery cost up to a maximum of £49 to cover the cost of the failed delivery.
6.9 - If the goods ordered by you are not available or discontinued and if we are unable to deliver them to the you within 30 days (or any other time limit agreed by the parties) from the payment date, we shall inform you and you are able to cancel the contract; and we will reimburse you with any sums paid by you.
6.10 - Any liability to you for the non-delivery of goods shall be limited to replacing the goods within a reasonable time or issuing a credit note or refund.
6.11 - The quantity and content of any consignment dispatched is recorded by us and shall be conclusive evidence of what you receive on delivery unless you can provide conclusive evidence proving the contrary.
6.12 - All goods must be signed for, we accept no responsibility once goods have been signed for at the requested address. We are unable to deliver to unattended premises or outside customer addresses (unless otherwise stated by the you and at your own risk).
6.13 - Deliveries will be made by our own delivery service or external national carriers and will all be delivered by a single person only and delivered up to your front door (further delivery inside your premises will only be at the delivery persons discretion). For very heavy items our delivery person will require local assistance or you can select a two man delivery service where your furniture can be carried into the room of your choice.
6.14 - Delivery is normally 5 - 7 working days but for some out of stock items it can take longer. You are always entitled to a full refund at any time prior to delivery of your goods.
7. ACCEPTANCE OF PRODUCT(S)
7.1 - The buyer shall be deemed to have fully accepted the products immediatly after delivery to the specified address.
7.2 - After acceptance the buyer shall not be entitled to reject products which are not in accordance with the contract.
7.3 - Upon delivery and acceptance, if the product appears to be damaged in any way, notification via written form has to be given to us within 2 days of product acceptance. Otherwise the product will be deemed to of been damaged by the buyer and thus we are not liable and take no responsibility whatsoever.
8. CANCELLATIONS & RETURNS
8.1 -The buyer has the right to return the goods within 7 days of delivery, except where a product has been made to order and is without fault.
8.2 - The buyer may cancel the order prior to it being dispatched either by written notice to us or by e-mail giving details of the products ordered and reason for cancellation. A full refund less any charges will be given within 7 days. Notification by phone is not sufficient.
8.3 - Once we have been notified of the return of the goods and have received the goods back, we will refund or re-credit the buyer on the origional card used for the purchase within 30 days for any sum that has been paid by or debited from the buyer for the product upon the products return to us.
8.4 - If we have delivered the products to the buyer and the buyer wants to cancel the contract, as described in clauses 8.1 & 8.2, the buyer must retain possession of the goods until the returns/cancellation notice has been sent to us within the relevant time limit. The products cannot be used and must be in the exact condition as they were delivered, including packaging. The buyer is ultimately responsible for returning the products to us at the buyers own cost before a refund is issued. If we have to collect the goods for return then the buyer will have to pay the original delivery charge. The products must be returned to the Malcs Models address in the definitions section. If the products are returned in a different, used or damaged state to that of when they were delivered then a full refund will not be given. Alternatively, we will organise for the goods to be collected on a mutually convenient date. In this case, the buyer will be re-credited with a full refund minus the exact cost of collecting the goods. Only upon acceptance by us of the returned goods will a refund take place. If the buyer does not cancel the contract in accordance with clauses 3.1 & 3.4, the buyer shall be deemed to have accepted the goods (except for manufacturing faults) and will not be liable to return the goods to us.
8.5 - We recommend that if returning goods to us, you use a recorded-delivery service as we are not responsible for any goods until they have been returned and received.
8.6 - Please note that if a mattress has been taken out of its original packaging we cannot accept the return of it for hygiene reasons.
8.7 - Your rights to return goods are protected under the EU Distance Selling Directive.
8.8 - We reserve the right to cancel any contracts between you and us if we so desire and for whatever reason.
9. DATA PROTECTION & PRIVACY
9.1 - We are fully committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance to the Data Protection Act 1998. We only collect information about you to process your order. We will not e-mail you in the future unless you have given us your consent.
9.2 - We do not disclose your information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
9.3 - We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by the you.
10.1 - Your financial security is paramount to us, that is why we use Sagepay. You are able to buy any of our products using any of the major debit and credit cards presented below. All of our transactions are processed live online using a Highly Secure SSL web server and payment gateway provided by Sagepay.
10.2 - Using Sagepay you can be confident that your card details are processed securely and correctly through the world's most respected online credit card payment gateways.
11.1 - Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the products.
11.2 - Nothing in these terms and conditions limits or excludes the our liability for death or personal injury caused by our negligence or fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
11.3 - Along side clause 2.1, we shall not be liable to the buyer for any indirect or consequential losses or costs whatsoever, however caused which arise out of or in connection with this agreement.
12. INTELLECTUAL PROPERTY
12.1 - Copyright material appears on this website which is our property or the property of our content and technology providers or their respective owners. We do not give permission for you to re-publish, alter, transmit or otherwise copy any material on this website, but you may download information form this website for your personal use. No copying, re-distribution, publication or commercial exploitation will be permitted without our permission and that of the copyright owner.
12.2 - The trade mark "The Secret Garden", "Malcs Models" and "come and discover a world of interesting and unusual furnishings and accessories at affordable prices" and any other designs and logos are the property of their respective owners.
13. LAW OF CONTRACT
13.1 - This contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Court of England and Wales.
If you have any questions regarding any aspect of our terms and conditions please email us
If you do not agree with our terms and conditions, please call us to discuss before any orders are placed, by placing an order with us you are agreeing to our terms and conditions.