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Terms and Conditions

1. About Us

R. Massey & Son Ltd is committed to bringing you the highest quality of DIY and gardening equipment at our best possible price.

The directors of the company have over 70 year’s history in retail DIY between them. As a result they have been able to select the products that they have found to be of the highest standards at their relevant price points.

 

Name & Registered Office:

R. Massey & Son Ltd

129 Swadlincote Road, Woodville, Swadlincote, Derbyshire, DE11 8DA

Company No. 00436340

Tel: 01283 217133

Monday to Friday 8:00am to 6:30pm, Saturday 8:30am to 5:30pm and Sunday 10:00am to 4:00pm

  

Goods Return Address:

R. Massey & Son Ltd, 129 Swadlincote Road, Woodville, Swadlincote, Derbyshire, DE11 8DA

  

2. Our Contract

 These terms and conditions govern the supply of goods sold by R. Massey & Son Ltd (No. 00436340) of 129 Swadlincote Road, Woodville, Derbyshire (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.

Purchasers are required accept our full terms and conditions.

  

4. Delivery, Title and Goods Collection Point

 

Items must be collected from our store – 129 Swadlincote Road, Woodville, Swadlincote, Derbyshire, DE11 8DA.

Larger items can be delivered by our own delivery trucks. If the items delivered are damaged or items are missing you should either refuse the delivery completely or sign for the parcels as being “DAMAGED”. We will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery. Delivery charges are dependent on distance from store and price of goods.

5. Cancellation Policy

The consumer has the right to cancel the contract and return their product within 7 working days from the receipt of the original order without giving a reason, subject to the product being in a resalable condition. This means the product is not damaged, has not be used in any way and that the product is complete with the original pristine condition packaging.

If the product does not match the resalable criteria then you will be responsible for a 50% re-packaging / repair charge.

There is no statutory cancellation right if goods are perishable, have been personalised, or manufactured to the customer’s specification.

 

6. Returning Faulty Goods Policy

If the product fails during the specified manufacturer’s warranty period, the item will either be repaired, exchanged or refunded as appropriate in accordance with your legal rights.

If the item was collected from our store then the item is to be returned to store along with the proof of purchase. If the item was delivered by our own trucks then we will collect the item from you at a convenient time for both you and us along with the proof of purchase.

If a petrol machine develops a fault within the manufacturer’s warranty period, we may refer you to your local dealer for that manufacturer where the product will be examined by their qualified technicians and repaired as per the manufacturer’s warranty policy. This does not affect your statutory rights as a consumer.

R. Massey & Son Ltd will not be liable for any additional costs incurred whilst goods are away for warranty repairs – this includes rental or hire charges from a third party.

If a product is faulty, R. Massey & Son Ltd must be notified of the fault along with Proof of Purchase and the product serial number.

In accordance with the Sale of Goods Act 1979 (as amended) consumers may also return goods which do not conform to the contract. 

We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods (including non-delivery, liquid spillage, late delivery, short delivery or damaged products) and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Please make sure all liquids are secured for travel.

 

7. Refund Policy

All relevant refunds as noted in sections 5, 6 and 7 will be made in store when items are retuned with relevant proof of purchase.

A refund will be made back to the credit or debit card that you used to purchase the items. A refund cannot be given to a different credit or debit card.

 

8. Purchasing Powered Machines and Hand Cutting Tools (Knives Axes) etc 

All purchasers are required to be 18 or over and have printed out and read in full and accepted our full terms, conditions and disclaimer before products are dispatched.

Whilst using garden tools, powered machines, power tools, and forestry equipment etc, you must be wearing the correct safety equipment AT ALL TIMES as stated by the manufacturer’s manual. Some protective clothing/equipment is available to purchase in store. Follow manufactures recommended safety tips. Keep your tools and equipment well maintained and serviced regularly. Petrol powered products must be used outdoors.

Anyone who uses a chainsaw should have received adequate training in safe use; wear suitable protective equipment and ensure they have taken all reasonable practical steps so that no-one is put at risk by their work.

 

9. Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery, or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

 

10. Our responsibility to you

If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

This paragraph 11 shall not limit or affect our liability resulting from any products sold being found to be unsafe or if something we do negligently causes death or injury.

Our liability to you in connection with any order will not exceed the total price paid for the items.

 

11. Privacy Policy

We respect your rights as a consumer and are dedicated to protecting your privacy to the full extent of the UK Data Protection Acts of 1984 and 1998.

We only collect information through the ordering/ registration process, or from your telephone, mail or email enquiry. We only collect information that is required specifically to create a more personal shopping experience, and to process your orders. The type of information we will collect about you includes: Your name, address, phone number, email address, credit/debit card details. We will never collect sensitive information about you without your explicit consent.

The information you provide is kept securely, we follow strict security procedures concerning the storage and disclosure. We may require proof of identity before sensitive information is disclosed to you.

 

12. Carriers

We are not responsible for any damage caused by the carrier to you or your property, nor are we responsible for any damage caused to your property because of split or damaged packaging.  

 

13. 3rd Party Disclosure

R. Massey & Son Ltd will never trade, sell or exchange any of your personal details with any 3rd party company or institution, unless you specifically give your permission at the point of data entry.

Website statistics may be provided to reputable 3rd party vendors, but this will NEVER contain any personal details.

 

14. General

You may not transfer any of your rights under these Product Terms & Conditions to any other person. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.

If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.

We shall not be responsible for any breach of these Product Terms and Conditions caused by circumstances beyond our reasonable control. Except as expressly set out in these Product Terms and Conditions, all use of your personal information will be made in accordance with our privacy policy.

These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently.

If any part of these terms and conditions is unenforceable (including any provisions in which we exclude liability to you) the enforceability of any other part of these conditions will not be affected.

Except for our affiliates, directors, employees or representatives, a person who is not a  party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

These terms and conditions, together with our current website prices, delivery details, contact details [and Privacy Policy] set out the whole of our agreement relating to the supply of goods to you by us.  Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.  Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.