Terms & Conditions

GENERAL TERMS AND CONDITIONS

General

These General Terms and Conditions apply to any order placed through the Website.  Please read them carefully before placing an order.

By placing an order with Midlands Grounds Machinery you confirm that you have read and agreed to these General Terms and Conditions.  We recommend that you print a copy of these Terms and Conditions for future reference.  If you do not agree with the General Terms and Conditions in their entirety, you must not order any product through the Website.

The Midlands Grounds Machinery website is accessible at www.mgmsolihull.co.uk (the Website).  Midlands Grounds Machinery is registered in England under company number – 04156034.  The company’s registered address is Windmill Paddocks, Windmill Lane, Hockley Heath, Solihull, West Midlands B94 6PT.  The company’s VAT number is 201 6572 42.

This Website is aimed solely at users who access it from the UK mainland.  Users must be aged 18 years and over to order products from this Website.  By ordering a product(s) you confirm you are over 18 years of age.

Should changes be made to these Terms and Conditions they will be posted on this page with a summary of the changes made.  At the time of an order for a product(s) being made from this Website, the Terms and Conditions in force at the time of the order will apply to the contract between you and Midlands Grounds Machinery.

Contract

After an order has been placed on the Midlands Grounds Machinery website you will receive an automated email acknowledging that your order has been received.  Please note that this does not mean the order has been accepted. Midlands Grounds Machinery reserves the right and sole discretion, to reject any orders received by notifying you in writing without incurring any further liability.  The contract will be formed at the place of dispatch of the product(s).

Acceptance of your Order

Please note that completion of the online checkout procedure does not constitute acceptance of your order. Our acceptance of your order will only take place when we dispatch the product(s).

If you enter a correct email address, we will send you an order acknowledgement email and order update emails. These are not order confirmation or order acceptance from us.

All product(s) remain our property until we have received full payment from you for those product(s).

During the checkout process, you will be asked to complete your payment details. Please note that we will collect and store your information and will only use your information in accordance with our Privacy Policy.

If we cannot supply with the product(s) you have ordered, we will not process your order. We will inform you of this in writing (including email) and, if you have already paid for the product(s), refund you in full as soon as reasonably possible.

Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and Midlands Grounds Machinery will take place at the point the product(s) you have ordered are dispatched from our premises to be delivered to the place of delivery. It does not take place until that stage – even though we may have debited your card or we have sent acknowledging emails.

Orders will be accepted for delivery to UK mainland addresses only.  No delivery outside of England, Scotland and Wales will be accepted.

Payment

The price that you pay is the price displayed on the Website at the time we receive your order.  If there is a pricing error, which is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the product to you at the incorrect price.  All prices shown are inclusive of VAT (at the applicable rate chargeable in the UK for the time being).  If the rate of VAT changes between the date of your order and the date of delivery we will adjust the VAT you pay (unless you have already paid for the product(s)s in full before the change in VAT takes effect).

Prices are liable to change from time to time, but changes will not affect orders where we have already sent you an order confirmation.

We accept payment by Mastercard Paypass, Maestro Paypass, Visa, Mastercard, Maestro, Solo, JCB Cards and Visa Electron

Please note that we do not accept on-line payment from American Express.

Orders are taken on a provisional basis and will not be confirmed until payment is taken. Payment is usually taken when your order is processed and prepared for delivery. We will send you an email to let you know when dispatch has taken place.

We do not save any credit or debit card details on our site.

Sage Pay

Our Payment Service Provider is Sage Pay  – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.

Sage Pay uses range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.

Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.

Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.

In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.

When buying through our site, you can be sure that you are completely protected.

More information about shopping securely with Sage Pay can be found at http://www.sagepay.com/shoppers

Security

Please note that whilst we take appropriate technological and organisational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.

We recommend that you take the following security measures to enhance your online security:

  • If you are using a computer in a public location, always log out and close the website browser when you complete an online session
  • Keep your account passwords private
  • When creating a password, use at least 8 characters, with a combination of letters and numbers.
  • Frequently change your password
  • Avoid using the same password for multiple online accounts.

We never ask you to confirm any account or card details by email. If you receive an email claiming to be from us asking you do so, please ignore and delete it. Do not respond.

Delivery

At present, we only deliver within England, Scotland and Wales.

We offer a basic delivery charge of £10.00 for orders below £100. Delivery for orders over £100 is free.

Please allow up to ten working days for delivery.

Please telephone Midlands Grounds Machinery on 01564 773614 when placing an order for a generator and/or a compressor.

If you are not sure whether your order has been dispatched, check the status of your order by clicking on My Account. The delivery service and carrier for your package will be listed there, along with the dispatch email.

Most large items will be delivered by specialist delivery companies. They will contact you when your order is ready to be delivered to arrange a convenient date and time.

Next day delivery

This is available for a home, work or other address in the UK, and applies to orders placed before 12 noon.  Please telephone our office for prices.  Please telephone Midlands Grounds Machinery on 01564 773614 when placing an order for ‘Next Day’ delivery.

Product Descriptions

We have taken reasonable precautions to try and ensure that prices quoted on the Website are correct and that all products are fairly described. However, when ordering product(s), please note that;

  • We will make every effort to supply the product(s) as advertised but reserve the right to supply the product(s) subject to minor variations in actual dimensions and specifications.
  • All prices are displayed in pounds Sterling inclusive of VAT where applicable.
  • Although we aim to keep the Website as up to date as possible the information including product descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order.
  • Images of product(s) are provided for illustrative purposes only and the actual product(s) you may receive may differ from the image displayed on the Website. This does not exclude liability for mistakes due to negligence on our part and refers only to variations in the correct product(s), not different product(s) altogether.
  • All items are subject to availability. If we are not in physical possession of the product(s) at the time that you offer to buy the product(s), our obligation to sell and your obligation to buy shall be subject to the product(s) being made available by the appropriate manufacturer or supplier.
  • If we have attempted to order product(s) from the manufacturer or supplier at your request and the order has not been fulfilled, due to the failure of the manufacturer or supplier to provide the product(s), we shall inform you that the product(s) are not available for sale and in such circumstances we shall repay to you any part of the price that has been paid and neither we nor you shall be under any further obligation to sell or buy the product(s) or shall be entitled to damages for the failure of us to sell the product(s) to you

Delays

Occasionally, the supply of your product(s) may be delayed or prevented for reasons beyond our control.  Where this is the case, we will of course make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Your Right to Cancel 

You can cancel your order at anytime before delivery by contacting us on 01565 773614 or emailing enquiries@mgmsolihull.co.uk

You have a statutory right to a ‘cooling off’ period (your contract cancellation rights under the Distance Selling Regulations). This period begins once you have received the product(s) and ends 14 days after the product(s) have been delivered to you. If you change your mind about the product(s) within this period, please return them to us within 14 days of receipt. You must take reasonable care of the product(s) that you wish to cancel and not use them. Product(s) should be returned in their original packaging and you will be responsible for the cost of returning the product(s) to us.

This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights are available in the UK from our local Citizens Advice Bureau or your Local Authority’s Trading Standards office.

Returns Policy

 Midlands Grounds Machinery (MGM) understands that a product(s) may be defective or you may wish to return a product to the company.  It has created a Returns Policy to enable you to return product(s) to MGM in appropriate circumstances. This policy does not affect your statutory rights (such as your rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000).

  1. a) Defective Products

If a produc(s)t is claimed to be defective please notify MGM immediately by telephone (01564 773614) or email (enquiries@mgmsolihull.co.uk) quoting a reference number and product(s) details.  MGM will arrange collection of the product.  MGM will examine the product(s) and notify you of:

  • Repair under warranty
  • Notify you of a refund within 30 days of the day MGM confirmed entitlement to a refund for a defective product(s). Refunds will be made by the same method originally used for payment.

 

  1. b) Non-defective products

Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product(s) to MGM under the following circumstances:

(a) MGM receives the returned non-machinery produc(s)t within 30 days following the date of purchase.

(b) the returned non machinery product(s) is unused, in its original unopened packaging with any seal or shrink-wrap intact, with any labels still attached, and otherwise in a condition enabling MGM to sell the product(s) as new.

(c) a returned machinery product is unused, complete with its original packaging with any labels still attached, and otherwise in a condition enabling MGM to sell the product(s) as new, such products would normally be collected by MGM.

(c) you comply with the Returns Procedure set out below.

Returns Procedure

In order to take advantage of your rights under MGM’s Returns Policy, you must:

(a) return reserve and collect product(s)s to the Knowle shop from where you originally collected them

(b) contact us by email to enquiries@mgmsolihull.co.uk or by phone on 01564  to request collection of any items of garden machinery.

(c) Return any postal or courier delivered items to Returns, Midlands Grounds Machinery, Station Road, Knowle, Solihull, West Midlands by Recorded Delivery.  All items to be properly packaged.

MGM will not be responsible for the cost of returning product(s) to MGM that are NOT due to a defect of the product(s).  You will be responsible for paying collection/postage costs associated with returns under this policy or the cost of this service will be deducted from any refund request for this product(s).

Returns

MGM will give you a refund for the full price of any product(s) properly returned by you in accordance with the terms of MGM’s Returns Policy excluding the original delivery charges and excluding the costs of returning the product(s) to MGM.

MGM will give you a refund for the full price of any product(s) received by you in a damaged condition and properly returned by you in accordance with the terms of MGM’s Returns Policy including the original delivery charges and the costs of returning the product(s) to MGM.

MGM will only refund any money received from you using the same method and payment card originally used by you to pay for your purchase. Please bring your order confirmation with you.

MGM will process the refund due to you as soon as possible and, in any event, within 30 days following the day MGM received the returned product(s).

Improper Returns

Where you return a product(s) in contravention of this policy (and where you do not have any other legal right to return the product(s):

(a) MGM will not refund or exchange the product(s).

(b) MGM may retain the returned product(s) until you pay to the company such additional amount as we may charge for re-delivery of the returned product(s).

(c) If MGM does not receive payment of such additional amount within 14 days of issuing a request for payment, MGM may destroy or otherwise dispose of the returned product(s) as MGM’s sole discretion without any liability to you.

Complaints Policy and Procedure

Any expression of dissatisfaction about the service provided by Midlands Grounds Machinery to customers will be treated as a complaint.  Where any customer expresses concern about the service, steps will be taken to resolve the matter and it will be treated as a complaint.

Complaints may be received directly from customers or from third party representatives (subject to evidence of the explicit consent by the customer).  In the event of any complaint the matter must be recorded and logged and referred to the company’s nominated Complaints Handler in compliance with Midlands Grounds Machinery’s Complaint Handling Procedure.

Any complaint received from a third party representative such as Trading Standards and Citizens Advice Bureau will be referred to Midlands Grounds Machinery’s nominated Complaints Handler.

It is Midlands Grounds Machinery’s aim to always exceed customers’ expectations and the company hopes that customers never find cause for any dissatisfaction in the service provided.  However, in circumstances where Midlands Grounds Machinery is made aware of a complaint, the company would hope to have the opportunity to rectify the situation.

This document outlines Midlands Grounds Machinery’s Complaints Procedure; the type of complaints it will manage and handle; timescales; the process customers should expect to be utilised; and where customers should go if Midlands Grounds Machinery’s staff are unable to resolve a customer’s complaint and find a satisfactory resolution.

Midlands Grounds Machinery’s Complaints Procedure is aimed at resolving complaints quickly and satisfactorily and further improve the quality of the company’s customer service.

What the complaints procedure covers:

The following are areas where a complaint may be made:

  • Manual errors or mistakes
  • Unexplained delays
  • Faulty products
  • Staff behaviour/conduct
  • Breach of contract/terms and conditions of business

 

How to make a complaint

If a problem occurs due to the service Midlands Grounds Machinery has provided to a customer for any of the above, the first action should be to forward details of the complaint to Midlands Grounds Machinery’s Complaints Handler – Mr David Tullett, Managing Director, Midlands Grounds Machinery via email, letter or telephone conversation.  In return, a written acknowledgement of the complaint will be sent within five working days of receiving the complaint.

To progress the complaint faster it would be useful to supply the following information:

  • Name and customer reference/order number
  • Contact details including preferred time and method of contact
  • Nature of the complaint – inclusive of dates and timescales
  • Any relevant additional information

 

How to action your complaint

Midlands Grounds Machinery’s Complaints Handler is trained to handle complaints sensitively and efficiently.  The complaint will be investigated in detail to fully understand the customer experience in detail.  Further questions will be asked to ascertain the whole background, before taking action or providing a response or resolution.

Further investigation may be required such as checking internal systems, notes and all processes before the complaint can be actioned.

Midlands Grounds Machinery aims to have any complaint satisfactorily resolved at the earliest opportunity and within eight weeks from the date of receiving notification of the complaint.  Midlands Grounds Machinery will maintain regular updates on all measures being undertaken to resolve the complaint.

Once all information has been considered Midlands Grounds Machinery will provide a written response to confirm whether the complaint has been rejected or accepted, either completely, or to some degree.  When the complaint is accepted, an offer of redress or remedial action will then be made.

Where applicable, Midlands Grounds Machinery will provide details of the steps that the company will undertake to rectify the complaint and ensure that the some problem does not reoccur.

Midlands Grounds Machinery hopes that the company’s decision will be acceptable.  However, if this is not the case and Midlands Grounds Machinery’s final response to a complaint is not satisfactory, the matter should be referred to: Dispute Resolution Ombudsman who can be contacted on 0333 241 3209 www.disputeresolutionombudsman.org/membership/whichtrustedtraders/

Our Liability to You

Nothing in these Terms and Conditions limits or excludes our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any breach of the terms implied by the section 123 of the Sales of Goods Act 1979
  • Any breach of the terms implied by section 13 to 15 of the Sales of Goods Act 1979 (these relate to the description of the product, its quality, fitness for purpose and samples)
  • Defective product(s) under the Consumer Protection Act 1987

You have rights as a consumer, including legal rights relating to faulty or misdescribed goods. Nothing in these General Terms and Conditions will affect these legal rights and we will perform our obligations under these General Terms and Conditions with reasonable care and skill.

Any product(s) we supply to you will be of satisfactory quality. If this is not the case, you can contact us for a replacement or, where this is not possible, a refund.

We are only responsible for losses that are a reasonably foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with the General Terms and Conditions by anything you (or anyone acting on your behalf) does, or fails to do, or due to events which are beyond our reasonable control.

Midlands Grounds Machinery will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Disclaimer

Whilst we have made every effort to ensure that the contents of this Website is correct and up-to-date, we can not guarantee that the content will be free of errors.  The images of products on the Website are for illustrative purposes only and the colour of certain products may vary from those illustrated.

Other Important Terms

We may update these General Terms and Conditions from time to time without notice to you. Any changes will be posted on the Website.

These General Conditions supersede any other Terms and Conditions previously published by us and any other representations or statements made by us to you, whether written, oral or otherwise.

You may not assign any of your rights or obligations under these General Conditions to any third party unless we agree in writing.

No relaxation or delay by us in exercising any remedy under these General Conditions shall operate as a waiver of that right or remedy. Any waiver must be agreed by us in writing.

If any of these General Terms and Conditions are found to be illegal, invalid or unenforceable by any court, the rest of the General Terms and Conditions shall remain in full force and effect.

No third party shall be entitled to enforce any part of these General Terms and Conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms and General Conditions shall be governed and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact Us: 

If you would like to contact us our address is: Midlands Grounds Machinery, 18 Station Road, Knowle, Solihull, West Midlands B93 0HT.  Telephone – 01564 773614.  Email enquiries@mgmsolihull.co.uk