Delivery:
Most items are held ex-stock for prompt delivery and we only despatch the goods using carriers who can provide full traceability and insurance cover
Prices:
Prices are subject to review at any time and are non-negotiable; bulk discounts are available to genuine traders.
-------------------------------------------------------------------------------------------
Terms & conditions of use for this Web site
Definitions
“ME” means the business known as Mango Electronics, of Mango House, 1 Buckhurst Road, Bexhill-on-Sea, East Sussex TN40 1QF
“Conditions” means these Terms and Conditions
“Customer” means the Sole Trader, Business, Company or person(s) whose order for supplies is accepted by ME
“Contract” means any contract between ME and the customer for the sale and purchase of supplies
“Supplies” means any products, goods or services
“In writing” means and durable means, be it in paper or by electronic fax or e-mail
Copyright
All of the content of this web-site is the copyright of Mango Electronics. All rights reserved.
Reproduction of part or all, or any of the contents of this web-site in any form is prohibited other than for personal use only and may not be recopied and shared with, or forwarded to, a third party. The permission to recopy for personal use does not allow for incorporation of material or any part of it in any other web-site, electronic retrieval system, publication or any other work (whether hard copy, electronic or otherwise)
Please note that this includes any images!
Disclaimers
ME makes no warranties, representations or undertakings about any of the content of this web-site (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content), nor as to any content of any other “third party” web-site referred to or accessed by hypertext links or otherwise through this web-site.
ME does not endorse or approve the content of any Third Party Site, nor will ME have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law of any territory, or the rights of any person or is obscene, defamatory or scandalous).
ME shall not be under any liability for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from advice or information given by its employees, agents or subcontractors in relation to use and access to its web site.
-------------------------------------------------------------------------------------------
Terms & Conditions of Sale - September 2008
All orders are accepted by Mango Electronics (ME) subject to the Terms and Conditions of Sale set out below:
General
All orders for supplies are accepted by ME subject to these Terms and Conditions of Sale. No other terms will apply to supplies by ME unless agreed in writing or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the supplies shown are approximate only and shall not form any part of the contract between ME and the Customer. ME shall not be liable to the Customer for any errors or omissions in this web site or in communications between the parties. The advertising of goods, products and services shown on this web site, or otherwise, is not an offer capable of acceptance, it merely constitutes an invitation by ME for the Customer to make an offer to purchase such goods, products and services.
These Terms & Conditions will apply to standard supplies only, i.e. manufactured or supplied by others and brought in for resale by ME. Any clauses in these Terms and Conditions of Sale expressly stated to be in relation to custom, customised, or Special Order goods, products or services will prevail over any inconsistent provisions elsewhere in these terms and conditions of sale.
These terms and conditions do not apply to export transactions, to which separate Terms and Conditions of Sale apply.
ME is a business-to-business supplier, mainly of specialist electrical goods and products requiring installation, and so this web site is intended mainly for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale however, shall affect the statutory rights of a Customer who purchases as a consumer, but it must be clearly understood by such consumer purchasers that they are fully responsible for the correct installation and operation of any or all of the goods and products purchased; in general, this will mean that they must employ the services of a person or business that is fully qualified to undertake the work and therefore be “experienced in the art” and also conversant with any and all rTerms & Conditions of Sale - September 2008
All orders are accepted by Mango Electronics (ME) subject to the Terms and Conditions of Sale set out below:
General
PLEASE NOTE: This site is intended for processing mainland UK Customers' online orders and delivery addresses; orders from customers outside of the mainland UK are also welcome of course, but please e-mail ME on colin@mango-electronics.co.uk before proceeding to obtain a quote for the correct shipping charge and VAT rate, etc.
All orders for supplies are accepted by ME subject to these Terms and Conditions of Sale. No other terms will apply to supplies by ME unless agreed in writing or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the supplies shown are approximate only and shall not form any part of the contract between ME and the Customer. ME shall not be liable to the Customer for any errors or omissions in this web site or in communications between the parties. The advertising of goods, products and services shown on this web site, or otherwise, is not an offer capable of acceptance, it merely constitutes an invitation by ME for the Customer to make an offer to purchase such goods, products and services.
These Terms & Conditions will apply to standard supplies only, i.e. manufactured or supplied by others and brought in for resale by ME. Any clauses in these Terms and Conditions of Sale expressly stated to be in relation to custom, customised, or Special Order goods, products or services will prevail over any inconsistent provisions elsewhere in these terms and conditions of sale.
These terms and conditions do not apply to export transactions, to which separate Terms and Conditions of Sale apply.
ME is a business-to-business supplier, mainly of specialist electrical goods and products requiring installation, and so this web site is intended mainly for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale however, shall affect the statutory rights of a Customer who purchases as a consumer, but it must be clearly understood by such consumer purchasers that they are fully responsible for the correct installation and operation of any or all of the goods and products purchased; in general, this will mean that they must employ the services of a person or business that is fully qualified to undertake the work and therefore be “experienced in the art” and also conversant with any and all regulations and Codes of Practice, current or future, direct or indirect, having any influence upon the installation, which will govern the work undertaken and any additional materials used .
ME makes these supplies solely on the understanding that the Customer is fully aware of their correct, intended use and of all aspects of their implementation and installation and that the Customer, by the nature of their profession and experience and training and qualifications, approves and understands how they are to be correctly installed and used.
A sole trader or partnership may not purchase as a consumer.
ME welcomes purchases from non trade consumers, subject to their understanding and acceptance of the above proviso’s, (if in any doubt, please ask, advice is free, mistakes and errors can be costly!)
Prices
The prices of the products and services are as shown and apply to goods and products currently in stock and are exclusive of shipping charges and VAT, which are added when checking out to make the payment. Restocked goods and products may reflect a price increase from the suppliers which will be passed on, but in this instance we will advise you that we are currently out of stock and confirm the price which will be current at the date of despatch of the ordered products or the date of provision of the ordered services. Products which are not stocked by ME will be sold at the prices set out in the relevant quotation supplied by ME, provide that the order is placed within the time the quotation is valid for, (generally 14 days).
As stated above, all prices and shipping charges exclude VAT, which ME will add at the rate applicable at the date of order despatch.
ME reserves the right to change prices without prior notice at any time.
The prices of customised or otherwise specially modified standard products, or of fully custom goods or products will be subject to individual quotation and any quantity discounts offered will be clearly shown on that quotation and shall be for a one-off quantity purchase, unless agreed in writing. Discounts given by ME in relation to ME's standard stocked products or any other ME offer will not apply to such products.
Ordering
The web site is intended to make it easier for our trade customers to place orders for products outside of their normal range of supply and purchases may be made direct in that manner using the shopping cart that is incorporated using either a credit card or Pay Pal; however, if paying directly via a Pay Pal account, it must be clear that the Customer name and the delivery address must agree fully with the details registered with Pay Pal on that account, to avoid delays in clarification and confirmation of the order. ME reserves the right to reverse any direct Pay Pal account order where the registered Pay Pal address and the Delivery address details are not exactly similar. When paying via a Pay Pal account, please include a land line telephone number and a mobile contact number in the Pay Pal “note to supplier” box before completing the payment; ME does not retain this information but it does help the courier to deliver the order in the event that no response is encountered at the door on delivery.
Orders are also accepted by letter, e-mail and fax and will cause a pro-forma invoice/demand for payment to be raised and forwarded to the customer. In the case of payment by cheque or postal order, ME reserves the right to withhold shipment of supplies until reasonable expectation of cleared funds is achieved, (currently 10 working days on the advice of our bank). Payment by BACS bank transfer is also accepted, which reduces the waiting period to three clear working days before despatch, (again on the advice of our bank). Collection for cash is also acceptable , provided ME has agreed to this in advance and the pickup is on a working day between 11.00 and 14.00 hours only, but please note that only used notes are accepted and all will be checked and paid into our nearby Bank before release of the goods.
ME reserves the right to decline to trade with any sole trader, business, company or person for any reason and, in addition, ME may decline to accept any order, whether or not payment has been received, by giving notice of nonacceptance to the Customer by e-mail, letter or facsimile within a reasonable period of receipt by ME of the order, (generally this will be the same day, but may in special circumstances be longer).
ME executes orders to the Customer's requirements, and never substitutes one product for another unless so requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the order will (at the Customer's option) either be put on back order to be fulfilled when ME next has sufficient available stock, held back then supplied as one consignment when sufficient stock is in place, or be cancelled; ME does however reserve the right to charge separately for the shipping cost of each and every part shipment of supplies.
The Customer must submit orders using the ME stock numbers and the priced units used in the web site and must specify which delivery option is required. If the Customer confirms an order by fax or e-mail, the confirmation must be marked 'CONFIRMATION ONLY' to avoid order duplication and must include the customer’s full name, business name and address details and an order number. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions shown in the following will apply.
Delivery
ME will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, will be clearly displayed on the web site at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered, provided the individual carton weight does not exceed 30Kg gross, (see Delivery below). The delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the web site are approximate only and ME shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the catalogue as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order.
If any delivery is late, the Customer must notify ME, and ME will then endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. If a revised delivery time is not acceptable, ME may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
Deliveries to the UK Highlands and Islands and Northern Ireland may be a day or more longer than shown due to the special circumstances faced by the carriers.
Inspection, Delivery Delays, Nondelivery and Missing or Damaged Contents
The Customer must inspect the packaging upon delivery and the supplies therein on the same day as delivery and shall, within 1 day of the date of delivery give notice to ME in detail of:
Any defect in the product that is apparent on reasonable examination - in this case ME shall, at ME's discretion, replace the product(s) or refund the purchase price. In any event the Customer must refuse parcels delivered in an obviously damaged condition.
Any shortfall in products delivered - In this case ME shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
Any delivery of products not in accordance with the order - in this case ME shall, at ME's discretion, replace the products or refund the purchase price, once they have been accepted back by ME in perfect, undamaged condition complete with all original packing and information sheets and supplied accessories, etc.
Any nondelivery of the products (in which case the time limit is normally within 10 days of the estimated despatch date for normally stocked products) - in this case ME shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. ME's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for nondelivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. ME shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgements or otherwise arising from these circumstances.
ME strongly suggests that any obviously damaged cartons or boxes be signed for on delivery as “UNINSPECTED” and images taken prior to and during opening and unpacking and checking of the contents and especially of any damaged items; this must be done immediately. All of the packaging and any damaged contents must be retained for our carriers to inspect at some future date or else returned to us, safely packed within a new outer carton, and the images e-mailed to us. These are conditions imposed by the carriers, not ME and our aim is to make our packaging carrier proof and reduce costs and supply delay due to damage caused in transit.
Payment
If ME has not granted credit to the Customer, payment terms are payment in full with order.
Credit terms (subject to satisfactory references and at ME's absolute discretion) may be available.
If “payment by return” credit has been granted, the Customer shall pay the total price of the products, supplies or service in good time, for receipt by ME at the very latest by the 14th day after despatch. Such terms will normally only be available to our established trade customers for an order by fax with a director’s signature, (with clearly printed name, position and so signed), authorising and accepting these terms and conditions for “payment by return” by either cheque or bank to bank BACS transfer.
All payments must be made without any setoff, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
ME may apply a compensation charge as an estimate of administrative and other wasted costs incurred by ME to the Customer of £40.00 for outstanding sums up to £999.99: £70.00 for outstanding sums between £1,000.00 and £9,999.99 and £100..00 for outstanding sums of £10,000.00 or more; and
ME may also charge the Customer interest from the payment due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 2.5% per calendar month, compounded monthly.
Risk and Ownership
Risk of loss of or damage to the goods or products shall pass to the Customer on delivery. Ownership of the products however shall not pass to the Customer until all sums due to ME from the Customer for those goods or products have been received by ME (in cash or cleared funds). If the Customer is late in paying any sum to ME, then ME shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises ME and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by ME shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or ME's right to sue for the whole of the price and any costs incurred.
Product and Availability Information
ME reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement and range development, or to assist product availability, and such changes may take place at any time. Mostly these will simply be reflections of changes initiated by our suppliers.
Unless otherwise confirmed, nothing in any ME web site may be taken as a representation of the source of origin, manufacture, or production of the products or any part of them. Generally, ME supports goods and products made in whole or part in the UK or EU or the USA by preference.
ME generally undertakes only to show products for online purchase on the web sites that are actual stock items; it is not ME policy to show items not normally stocked, but the right is reserved to direct ship in the case of large items.
Warranty
If any product purchased from ME is defective, ME will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to ME within 12 months of the original date of despatch, or such other longer period as may be indicated by ME for specific products from time to time in writing.
The warranty shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of ME. The Customer must return the products, or make them available for collection by ME, in accordance with ME's instructions and suitably packaged.
The Customer must contact ME to notify ME of the return of any products prior to returning them and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the detailed nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, ME may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by ME shall become the property of ME. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be ME's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). ME will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on ME by operation of law. The Customer is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
Liability
ME shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgements or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information, whether or not due to its negligence or that of its employees, agents or subcontractors.
ME shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (a) any express or implied terms of the contract between ME and the Customer, or of any order accepted by ME, (b); any duty of any kind imposed on ME by law arising out of or in relation to the contract between ME and the Customer or order, (c); any defect in the products or services, (d); intellectual property rights infringement or (e); any other loss whatsoever arising out of these terms and conditions of sale.
If, notwithstanding any other provisions in these terms and conditions of sale, any liability attaches to ME, ME's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order, whether in contract, tort or otherwise in respect of one or more of (a); any express or implied terms of the contract between ME and the Customer, or of any order accepted by ME, (b); any duty of any kind imposed on ME by law arising out of or in relation to the contract between ME and the Customer or the order, (c), any defect in the products or services, (d); intellectual property rights infringement or (e); any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £10,000.00 or the total value of the order, whichever is greater.
Nothing in these terms and conditions of sale shall exclude or limit the liability of ME for death or personal injury caused by the negligence of ME or its employees, agents or subcontractors, or for fraud.
Cancellations and Returns
The Customer may not cancel orders once accepted by ME. However, ME may, at its discretion and in writing, allow an order to be cancelled, subject to ME recovering from the Customer any costs incurred by ME. In the event of cancellation of part of any order only, ME may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The customer may only return products to ME, and receive a credit or refund, on the following conditions:
The Customer must contact ME in writing or by electronic means, before returning any products and obtain the prior consent of ME and obtain a returns number (to be quoted on all returned paperwork)
Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to ME in their original condition and packaging and in a condition which will enable them to be immediately fit for resale. Products must be returned to ME adequately packed and protected from in-transit damage by the use of energy absorbent packaging materials and within an outer carton and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, Mango Electronics, Mango House, 1 Buckhurst Road, Bexhill-on-Sea, East Sussex TN40 1QF.
The Customer must follow any specific instructions which appear in the web site or with any product regarding its return to ME;
The Customer must quote the invoice details or the ME reference number on an ME Customer Returns Form, otherwise any credit given for the returned products will be based upon the lowest sales price.
For products returned due to Customer over-ordering error a handling charge of 30% will be applied; special order, customised or special order products are not eligible for such returns.
Where the Customer returns products to ME not in accordance with the conditions above (for example, after 30-days from the date of despatch or in an unfit state or badly packaged) ME will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.
Force Majeure
A force majeure event is any event beyond the reasonable control of ME (including strikes, traffic congestion, the downtime of any external line, or ME's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices, for whatever reason). If ME is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then ME shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, ME may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
Customer Rights
The Customer acknowledges that ME owns all the intellectual property rights in the ME web sites or any distributed ME data sheets or ME price lists, etc. including the stock numbers, and that their whole or partial reproduction of any of the content of any of these without ME's prior written consent is prohibited.
Data Protection and Customer Information
ME will not, under any circumstances, pass on, or sell, or otherwise divulge any Customer details, preferences or privileged information, e-mail addresses, contact lists or details of supplies purchased etc. This is ME policy!
ME may occasionally send to the Customer and its employees details of other products and services offered that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should simply e-mail us advising that preference.
The Customer consents that ME may use the business name of the Customer by disclosing it to certain ME suppliers for market research and commission purposes, or include the business name in a customer list. The Customer should advise ME in writing or by electronic means if this consent is withheld.
Law and Jurisdiction
The contract between ME and the Customer based on these Terms and Conditions of Sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but ME may enforce the contract in any court of competent jurisdiction.
Special Offers
Special offers are only available while stocks last.
Minimum Order Quantity or Value
ME policy is to have no minimum order quantity and no minimum order value!
Delivery
ME aims to despatch items the same day, for orders received by 12 noon; all supplies will be made via “Signed For” services unless of value under £10.00 and no charge is made for packaging materials, unless the order is very heavy and requires special packaging such as custom boxes or palettes.
For faxed or e-mailed orders, the shipping cost will be advised via a pro-forma invoice.
For direct orders, ME will ship supplies via normal 48 hour delivery at a flat rate charge of £15.00 + VAT up to a 30Kg maximum per package to UK zone 1 postal codes; we will advise you if your order requires a surcharge due to your delivery address being outside of zone 1 and/or to a packed supplies weight over 30Kg gross per carton and will require the surcharge to be paid by agreed means.
Customers shall pay the additional rate of £9.95 + VAT for Next Day Delivery, (total of £24.95 + VAT to 30 Kg maximum per package).
For online orders ME will charge a flat rate percentage of net total value of the goods ordered to cover shipping cost which will normally be at the rates of 40% from £0.01 to £9.99, 25% from £10.00 to £24.99, 10% from £25.00 to £74.99, 7.5% from £75.00 to ££149.99 and 5% above £15.00.
ME reserves the right to alter the charges shown above at any time and without prior notice, to reflect any changing circumstances of the time and charges imposed by the couriers used.
For Same Day requirements, a direct Door-to-Door Courier Service is available and collection in person is also possible, or by Courier collection from the ME address, but these are all by special prior arrangement only. For such in-person or Customer’s representative collection of supplies ordered, liability for damage or loss in part or whole passes to the Customer immediately of course.
Packing Materials and Methods
ME strives to minimise the impact of packaging materials on the environment and as much as possible, uses recycled materials and cartons.
Supplies are generally despatched using a Box within Box technique, using energy absorbent materials around the inner box, to ensure your products arrive in perfect condition. This technique has been proven to work well over many years and ME has often been complemented on it’s innovative and careful packaging!
Methods of Payment
Payment may be made online by credit or debit card or Pay Pal, (for supplies requiring immediate despatch), or if a delay for funds clearance can be accepted, may be by BACS transfer, or via a cheque or postal order (made out to “MANGO ELECTRONICS” and crossed). Cash can also be accepted for supplies collected in person or otherwise, by prior arrangement.
Returns
The handling charge for returns which are made in accordance with the returns policy set out in ME's current Terms and Conditions of Sale is 30% of the invoice value. The handling charge for returns which are not made in accordance with RS's returns policy will be the actual cost of reprocessing (subject to a minimum 30% of the invoice value).
Registered Office
Mango Electronics, Mango House, 1 Buckhurst Road, Bexhill-on-Sea, East Sussex TN40 1QF, United Kingdom. Tel: 01424 731500, Fax: 01424 731502. VAT Registration No. GB 414 1590 79. © Mango Electronics 2008.
egulations and Codes of Practice, current or future, direct or indirect, having any influence upon the installation, which will govern the work undertaken and any additional materials used.
ME makes these supplies solely on the understanding that the Customer is fully aware of their correct, intended use and of all aspects of their implementation and installation and that the Customer, by the nature of their profession and experience and training and qualifications, approves and understands how they are to be correctly installed and used.
A sole trader or partnership may not purchase as a consumer.
ME welcomes purchases from non trade consumers, subject to their understanding and acceptance of the above proviso’s, (if in any doubt, please ask, advice is free, mistakes and errors can be costly!)
Prices
The prices of the products and services are as shown and apply to goods and products currently in stock and are exclusive of shipping charges and VAT, which are added when checking out to make the payment. Restocked goods and products may reflect a price increase from the suppliers which will be passed on, but in this instance we will advise you that we are currently out of stock and confirm the price which will be current at the date of despatch of the ordered products or the date of provision of the ordered services. Products which are not stocked by ME will be sold at the prices set out in the relevant quotation supplied by ME, provide that the order is placed within the time the quotation is valid for, (generally 14 days).
As stated above, all prices and shipping charges exclude VAT, which ME will add at the rate applicable at the date of order despatch.
ME reserves the right to change prices without prior notice at any time.
The prices of customised or otherwise specially modified standard products, or of fully custom goods or products will be subject to individual quotation and any quantity discounts offered will be clearly shown on that quotation and shall be for a one-off quantity purchase, unless agreed in writing. Discounts given by ME in relation to ME's standard stocked products or any other ME offer will not apply to such products.
Ordering
The web site is intended to make it easier for our trade customers to place orders for products outside of their normal range of supply and purchases may be made direct in that manner using the shopping cart that is incorporated using either a credit card or Pay Pal; however, if paying directly via a Pay Pal account, it must be clear that the Customer name and the delivery address must agree fully with the details registered with Pay Pal on that account, to avoid delays in clarification and confirmation of the order. ME reserves the right to reverse any direct Pay Pal account order where the registered Pay Pal address and the Delivery address details are not exactly similar. When paying via a Pay Pal account, please include a land line telephone number and a mobile contact number in the Pay Pal “note to supplier” box before completing the payment; ME does not retain this information but it does help the courier to deliver the order in the event that no response is encountered at the door on delivery.
Orders are also accepted by letter, e-mail and fax and will cause a pro-forma invoice/demand for payment to be raised and forwarded to the customer. In the case of payment by cheque or postal order, ME reserves the right to withhold shipment of supplies until reasonable expectation of cleared funds is achieved, (currently 10 working days on the advice of our bank). Payment by BACS bank transfer is also accepted, which reduces the waiting period to three clear working days before despatch, (again on the advice of our bank). Collection for cash is also acceptable provided ME has agreed to this in advance, but please note that only used notes are accepted and all will be checked before release of the goods.
ME reserves the right to decline to trade with any sole trader, business, company or person for any reason and, in addition, ME may decline to accept any order, whether or not payment has been received, by giving notice of nonacceptance to the Customer by e-mail, letter or facsimile within a reasonable period of receipt by ME of the order, (generally this will be the same day, but may in special circumstances be longer).
ME executes orders to the Customer's requirements, and never substitutes one product for another unless so requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the order will (at the Customer's option) either be put on back order to be fulfilled when ME next has sufficient available stock, held back then supplied as one consignment when sufficient stock is in place, or be cancelled; ME does however reserve the right to charge separately for the shipping cost of each and every part shipment of supplies.
The Customer must submit orders using the ME stock numbers and the priced units used in the web site and must specify which delivery option is required. If the Customer confirms an order by fax or e-mail, the confirmation must be marked 'CONFIRMATION ONLY' to avoid order duplication and must include the customer’s full name, business name and address details and an order number. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions shown in the following will apply.
Delivery
ME will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, will be clearly displayed on the web site at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered, provided the individual carton weight does not exceed 30Kg gross, (see Delivery below). The delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the web site are approximate only and ME shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the catalogue as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order.
If any delivery is late, the Customer must notify ME, and ME will then endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. If a revised delivery time is not acceptable, ME may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
Deliveries to the UK Highlands and Islands and Northern Ireland may be a day or more longer than shown due to the special circumstances faced by the carriers.
Inspection, Delivery Delays, Nondelivery and Missing or Damaged Contents
The Customer must inspect the packaging upon delivery and the supplies therein on the same day as delivery and shall, within 1 day of the date of delivery give notice to ME in detail of:
Any defect in the product that is apparent on reasonable examination - in this case ME shall, at ME's discretion, replace the product(s) or refund the purchase price. In any event the Customer must refuse parcels delivered in an obviously damaged condition.
Any shortfall in products delivered - In this case ME shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
Any delivery of products not in accordance with the order - in this case ME shall, at ME's discretion, replace the products or refund the purchase price, once they have been accepted back by ME in perfect, undamaged condition complete with all original packing and information sheets and supplied accessories, etc.
Any nondelivery of the products (in which case the time limit is normally within 10 days of the estimated despatch date for normally stocked products) - in this case ME shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. ME's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for nondelivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. ME shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgements or otherwise arising from these circumstances.
ME strongly suggests that any obviously damaged cartons or boxes be signed for on delivery as “UNINSPECTED” and images taken prior to and during opening and unpacking and checking of the contents and especially of any damaged items; this must be done immediately. All of the packaging and any damaged contents must be retained for our carriers to inspect at some future date or else returned to us, safely packed within a new outer carton, and the images e-mailed to us. These are conditions imposed by the carriers, not ME and our aim is to make our packaging carrier proof and reduce costs and supply delay due to damage caused in transit.
Payment
If ME has not granted credit to the Customer, payment terms are payment in full with order.
Credit terms (subject to satisfactory references and at ME's absolute discretion) may be available.
If “payment by return” credit has been granted, the Customer shall pay the total price of the products, supplies or service in good time, for receipt by ME at the very latest by the 14th day after despatch. Such terms will normally only be available to our established trade customers for an order by fax with a director’s signature, (with clearly printed name, position and so signed), authorising and accepting these terms and conditions for “payment by return” by either cheque or bank to bank BACS transfer.
All payments must be made without any setoff, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
ME may apply a compensation charge as an estimate of administrative and other wasted costs incurred by ME to the Customer of £40.00 for outstanding sums up to £999.99: £70.00 for outstanding sums between £1,000.00 and £9,999.99 and £100..00 for outstanding sums of £10,000.00 or more; and
ME may also charge the Customer interest from the payment due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 2.5% per calendar month, compounded monthly.
Risk and Ownership
Risk of loss of or damage to the goods or products shall pass to the Customer on delivery. Ownership of the products however shall not pass to the Customer until all sums due to ME from the Customer for those goods or products have been received by ME (in cash or cleared funds). If the Customer is late in paying any sum to ME, then ME shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises ME and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by ME shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or ME's right to sue for the whole of the price and any costs incurred.
Product and Availability Information
ME reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement and range development, or to assist product availability, and such changes may take place at any time. Mostly these will simply be reflections of changes initiated by our suppliers.
Unless otherwise confirmed, nothing in any ME web site may be taken as a representation of the source of origin, manufacture, or production of the products or any part of them. Generally, ME supports goods and products made in whole or part in the UK or EU or the USA by preference.
ME generally undertakes only to show products for online purchase on the web sites that are actual stock items; it is not ME policy to show items not normally stocked, but the right is reserved to direct ship in the case of large items.
Warranty
If any product purchased from ME is defective, ME will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to ME within 12 months of the original date of despatch, or such other longer period as may be indicated by ME for specific products from time to time in writing.
The warranty shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of ME. The Customer must return the products, or make them available for collection by ME, in accordance with ME's instructions and suitably packaged.
The Customer must contact ME to notify ME of the return of any products prior to returning them and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the detailed nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, ME may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by ME shall become the property of ME. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be ME's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). ME will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on ME by operation of law. The Customer is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
Liability
ME shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgements or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information, whether or not due to its negligence or that of its employees, agents or subcontractors.
ME shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (a) any express or implied terms of the contract between ME and the Customer, or of any order accepted by ME, (b); any duty of any kind imposed on ME by law arising out of or in relation to the contract between ME and the Customer or order, (c); any defect in the products or services, (d); intellectual property rights infringement or (e); any other loss whatsoever arising out of these terms and conditions of sale.
If, notwithstanding any other provisions in these terms and conditions of sale, any liability attaches to ME, ME's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order, whether in contract, tort or otherwise in respect of one or more of (a); any express or implied terms of the contract between ME and the Customer, or of any order accepted by ME, (b); any duty of any kind imposed on ME by law arising out of or in relation to the contract between ME and the Customer or the order, (c), any defect in the products or services, (d); intellectual property rights infringement or (e); any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £10,000.00 or the total value of the order, whichever is greater.
Nothing in these terms and conditions of sale shall exclude or limit the liability of ME for death or personal injury caused by the negligence of ME or its employees, agents or subcontractors, or for fraud.
Cancellations and Returns
The Customer may not cancel orders once accepted by ME. However, ME may, at its discretion and in writing, allow an order to be cancelled, subject to ME recovering from the Customer any costs incurred by ME. In the event of cancellation of part of any order only, ME may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The customer may only return products to ME, and receive a credit or refund, on the following conditions:
The Customer must contact ME in writing or by electronic means, before returning any products and obtain the prior consent of ME and obtain a returns number (to be quoted on all returned paperwork)
Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to ME in their original condition and packaging and in a condition which will enable them to be immediately fit for resale. Products must be returned to ME adequately packed and protected from in-transit damage by the use of energy absorbent packaging materials and within an outer carton and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, Mango Electronics, Mango House, 1 Buckhurst Road, Bexhill-on-Sea, East Sussex TN40 1QF.
The Customer must follow any specific instructions which appear in the web site or with any product regarding its return to ME;
The Customer must quote the invoice details or the ME reference number on an ME Customer Returns Form, otherwise any credit given for the returned products will be based upon the lowest sales price.
For products returned due to Customer over-ordering error a handling charge of 30% will be applied; special order, customised or special order products are not eligible for such returns.
Where the Customer returns products to ME not in accordance with the conditions above (for example, after 30-days from the date of despatch or in an unfit state or badly packaged) ME will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.
Force Majeure
A force majeure event is any event beyond the reasonable control of ME (including strikes, traffic congestion, the downtime of any external line, or ME's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices, for whatever reason). If ME is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then ME shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, ME may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
Customer Rights
The Customer acknowledges that ME owns all the intellectual property rights in the ME web sites or any distributed ME data sheets or ME price lists, etc. including the stock numbers, and that their whole or partial reproduction of any of the content of any of these without ME's prior written consent is prohibited.
Data Protection and Customer Information
ME will not, under any circumstances, pass on, or sell, or otherwise divulge any Customer details, preferences or privileged information, e-mail addresses, contact lists or details of supplies purchased etc. This is ME policy!
ME may occasionally send to the Customer and its employees details of other products and services offered that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should simply e-mail us advising that preference.
The Customer consents that ME may use the business name of the Customer by disclosing it to certain ME suppliers for market research and commission purposes, or include the business name in a customer list. The Customer should advise ME in writing or by electronic means if this consent is withheld.
Law and Jurisdiction
The contract between ME and the Customer based on these Terms and Conditions of Sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but ME may enforce the contract in any court of competent jurisdiction.
Special Offers
Special offers are only available while stocks last.
Minimum Order Quantity or Value
ME policy is to have no minimum order quantity and no minimum order value!
Delivery
ME aims to despatch items the same day, for orders received by 12 noon; all supplies will be made via “Signed For” services unless of value under £10.00 and no charge is made for packaging materials, unless the order is very heavy and requires special packaging such as custom boxes or palettes.
For faxed or e-mailed orders, the shipping cost will be advised via a pro-forma invoice.
For direct orders, ME will ship supplies via normal 48 hour delivery at a flat rate charge of £15.00 + VAT up to a 30Kg maximum per package to UK zone 1 postal codes; we will advise you if your order requires a surcharge due to your delivery address being outside of zone 1 and/or to a packed supplies weight over 30Kg gross per carton and will require the surcharge to be paid by agreed means.
Customers shall pay the additional rate of £9.95 + VAT for Next Day Delivery, (total of £24.95 + VAT to 30 Kg maximum per package).
For online orders ME will charge a flat rate percentage of total value of the goods ordered to cover shipping cost which will normally be 5% gross.
ME reserves the right to alter the charges shown above at any time and without prior notice, to reflect any changing circumstances of the time and charges imposed by the couriers used.
For Same Day requirements, a direct Door-to-Door Courier Service is available and collection in person is also possible, or by Courier collection from the ME address, but these are all by special prior arrangement only. For such in-person or Customer’s representative collection of supplies ordered, liability for damage or loss in part or whole passes to the Customer immediately of course.
Packing Materials and Methods
ME strives to minimise the impact of packaging materials on the environment and as much as possible, uses recycled materials and cartons.
Supplies are generally despatched using a Box within Box technique, using energy absorbent materials around the inner box, to ensure your products arrive in perfect condition. This technique has been proven to work well over many years and ME has often been complemented on it’s innovative and careful packaging!
Methods of Payment
Payment may be made online by credit or debit card or Pay Pal, (for supplies requiring immediate despatch), or if a delay for funds clearance can be accepted, may be by BACS transfer, or via a cheque or postal order (made out to “MANGO ELECTRONICS” and crossed). Cash can also be accepted for supplies collected in person or otherwise, by prior arrangement.
Returns
The handling charge for returns which are made in accordance with the returns policy set out in ME's current Terms and Conditions of Sale is 30% of the invoice value. The handling charge for returns which are not made in accordance with RS's returns policy will be the actual cost of reprocessing (subject to a minimum 30% of the invoice value).
Registered Office
Mango Electronics, Mango House, 1 Buckhurst Road, Bexhill-on-Sea, East Sussex TN40 1QF, United Kingdom. Tel: 01424 731500, Fax: 01424 731502. VAT Registration No. GB 414 1590 79. © Mango Electronics 2008. |
