TERMS & CONDITIONS

MC DIRECT – PART OF MANNINGHAM CONCRETE LTD

CONDITIONS OF WEBSITE USE

  1. INFORMATION ABOUT US
    1. This website is operated by Manningham Concrete Limited ("we" or “us”), a private limited company registered in England & Wales under company number 00747932 and our registered office is located at Greenside Works, Cemetery Road, Bradford, BD8 9RY. Our VAT number is 179 7820 10.

 

  1. TERMS OF WEBSITE USE
    1. These are the conditions of use of this website. Please read them carefully as by viewing and using this website you indicate your acceptance of them and your agreement to be bound by them. You can print these conditions if you would like to retain a copy. Our Privacy Policy (Below) sets out how we will process information about you and also forms part of these conditions.
    2. If you place orders for any products from this website, your purchase will be governed by our Terms and Conditions of Sale.
    3. If you are a consumer, nothing in these conditions will affect your statutory rights and if any of these conditions is held to be illegal, invalid or unenforceable in law, then it shall be deleted from these conditions but the remaining conditions will survive and continue to be enforceable.

 

  1. ACCESSING OUR WEBSITE
    1. We reserve the right to revise this website or withdraw access to part or all of it at any time. We may also change these conditions from time to time so you should check back regularly as you will be bound by any changes from the next time you access the website.
    2. The material and information on this website is directed solely at and is to be used only by persons who access it from within the United Kingdom and these conditions are only available in English. The release, publication or distribution of the information contained on this website in jurisdictions outside the United Kingdom may be restricted by laws that apply in other jurisdictions.

 

  1. ACCOUNT INFORMATION AND USER IDENTIFICATION
    1. Where applicable, it is your responsibility to ensure the confidentiality of your account, user identification, password or any other information provided as part of our security procedures.
    2. You agree to accept responsibility for all activities that occur using your account, user identification or password and acknowledge that we shall not be liable to any person for any loss or damage which may arise as a result of your failure to keep this information secure.
    3. Please let us know immediately if you believe that your password, user identification or any other information provided as part of our security procedures has become known to anyone else, or if this information is being, or is likely to be, used in an unauthorised manner.
    4. We reserve the right to disable any user identification, account or password, at any time, if in our opinion you have failed to comply with any of the provisions of these conditions of use.

 

  1. RELIANCE ON INFORMATION ON THIS WEBSITE
    1. Although we have taken reasonable care to ensure that the information on this website is accurate and up to date, you should not rely on it as it is provided on an ‘as is’ basis and for guidance only.
    2. We and our affiliated companies do not make any warranty of any kind (expressed or implied) as to, or accept liability for, (in each case to the extent permitted by law), the accuracy, completeness, currency or reliability of any information contained on this web site.

 

  1. OUR LIABILITY
    1. The material displayed on this web site is provided without any guarantee, condition or warranty and we accept no liability for:
      1. economic loss (examples of which are loss of revenues, data, profits, contracts, business or anticipated savings),
      2. business losses or expenses,
  • loss of goodwill or reputation, or
  1. indirect loss or damage,

that arises from your reliance on, or the use of, the website (except for any claim arising from any purchases you make which will be governed by our Terms and Conditions of Sale).

  1. VIRUSES AND HACKING
    1. We cannot guarantee the speed or security of this website and we shall not be responsible for or liable to you for any loss or damage caused to your computer equipment, programs or data arising as a result of the presence of any viruses, electronic bugs, Trojan horses or other technologically harmful material that may infect your computer due to the use of this website.

 

  1. LINKS FROM OUR WEBSITE
    1. Where this website contains links to other websites or resources from other third parties they are provided for your convenience only. We and our affiliate companies have no control over the content of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

  1. COPYRIGHT AND TRADEMARKS
    1. The copyright in all website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this website belongs to us, our affiliates and our suppliers.
    2. You may download and print extracts from this website if you want to keep a copy or for your administrative purposes provided that you do not modify any material and you retain the copyright notice and provided that you do not make commercial use or gain from the website or any of its content.
    3. Any other use of material on this website is strictly prohibited without our prior written consent.
    4. All brand names used in the website are trademarks or trade names of their respective holders. Your use of any of these names or titles may constitute an infringement of the holders' rights.

 

  1. JURISDICTION AND APPLICABLE LAW
    1. This website, all its content and any contract brought into being as a result of its use shall be governed by and construed in accordance with English law. By using this website you agree to submit to the exclusive jurisdiction of the English courts.

 

TERMS & CONDITIONS OF SALE

  1. GENERAL
    1. These terms and conditions confirm the legal terms (Terms) on which we will sell the products (Products) listed on our website (our site).
    2. Our Privacy Policy, Terms of Website Use, Delivery Information and Cookies Policy form part of these Terms.
    3. These Terms apply to any contract between us for the sale of Products (Contract). Please read them carefully and make sure that you understand them before you place your order. You should also print a copy of these Terms for your future reference.

 

  1. USE OF OUR SITE
    1. Your right to access and use of our site is subject to our Terms of Website Use (Above).

 

  1. HOW WE USE YOUR PERSONAL INFORMATION
    1. We will only use your personal information in accordance with our Privacy Policy. Please read this policy carefully and make sure that you understand it.

 

  1. HOW THE CONTRACT IS FORMED BETWEEN US
    1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
    2. After you place an order, we will contact you to confirm that we have received it (Order Acknowledgement). However, this does not mean that your order has been accepted by us.
    3. Unless you cancel your order in accordance with our Cancellations, Returns and Refunds policy (see below) or we have contacted you to confirm that we are unable to accept your order, our acceptance of your order will occur automatically on the earlier of the date we deliver the Products to you or 7 days following the date we contact you with Order Acknowledgement. The Contract between us will only be formed at this time.
    4. We reserve the right to reject any order for any reason and no order will be accepted until payment is received in full for all Products and any related delivery charges.
    5. All orders are subject to stock availability. If we are unable to supply any of the Products that you have ordered we will inform you as soon as possible. In the event that an out-of-stock product is part of an order and we cannot contact you, we will send what products we have in stock, refunding the purchase price of any unavailable product where payment has already been made.

 

  1. HOW TO PAY
    1. You can only pay for Products ordered on our site for delivery by debit or credit card. We accept the following cards: Visa and Mastercard credit cards and Maestro, Delta and Visa Electron debit cards.
    2. Payment for Products (including delivery charges) will be debited from your payment card at the time of placing your order. This does not mean that your order has been accepted and, if for any reason, your order is not accepted or we are unable to supply the Products you have ordered a full refund will be issued.
    3. Payment for National deliveries can be made in full via BACs or Direct Transfer. Alternatively payment can be made online and the delivery charge can be paid separately via Card over the phone.

 

  1. PRICE OF PRODUCTS
    1. The prices displayed on our site are largely the same as our in-store prices. However, we may offer different prices for Products purchased from our site to those in store. These prices may be higher or lower than in our stores and our stores are under no obligation to match the prices quoted on this site, likewise this site is under no obligation to match in-store prices.
    2. We take care to ensure that the prices of Products on our site are correct. However, due to the large number of Products on our site it is possible that, despite our best efforts, some of them may be mistakenly priced. We normally verify Product prices following receipt of an order and if we discover an error in the price of the Products you have ordered we will contact you to you to give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
    3. Please note that if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a pricing error, we do not have to provide the Products to you at the mistaken (lower) price even if we have failed to notify you that we do not accept your order within 7 days of our sending our Order Acknowledgement.
    4. The price of all Products includes/excludes VAT depending on your preference by selecting at the top of the page. Delivery charge is quoted as excluding VAT and is applied at checkout.

 

  1. DELIVERY
    1. For full details of our delivery service, delivery locations and charges please refer to our Delivery Information page.
    2. All quoted delivery dates and times are estimates and although we will try our best to meet them we will not be responsible if we are unable to do so. We will let you know if we cannot deliver your products within 30 days of when we receive your payment and will give you the option to either wait for the Products or cancel your order and receive a full refund.
    3. We deliver to UK mainland addresses only, including England, Wales and Scotland. Deliveries to more remote areas of UK mainland may have longer lead times or may not be possible. If you believe your address is in a remote location please contact us by phone or email to talk through the possible options before placing an order.
    4. We strongly recommend that you do not book fitters or trades persons until your order has been delivered and checked by you. We cannot be held responsible for any third-party costs or charges which you incur due to non-delivery of an order, or orders that have not been checked on delivery.
    5. We are not able to process orders or deliver on UK Bank Holidays and Sundays.
    6. All orders will be delivered to a single address.
    7. To minimise inconvenience we will, wherever possible, try to make one single delivery to you. This means that if your order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order.
    8. All deliveries must be received and signed for by a person over the age of 18. If no-one is available to take the delivery, we will leave details at the address to rearrange delivery. We may need to make an additional handling charge for redelivery. Should no-one be available to take the redelivery we may cancel the order and refund your money, excluding any delivery charges.
    9. Due to insurance guidelines, our delivery personnel are unable to enter private residences. Delivery will be to the kerbside of the delivery address. The recipient of the Products is responsible for any additional lifting once the delivery has been made.
    10. Risk of loss and damage in the Products will pass to you on the date when the Products are delivered or on the date on which we make our first attempt to deliver them to you.
    11. For National Deliveries, delivery is made by one of our courier partners.
    12. Typically we run a 2 day weekday delivery once the order has been confirmed. For example if your order is processed before midday Monday it will be with you on Wednesday.
    13. Someone is required to be on site to accept delivery, our courier will call to arrange a time window. If delivery cannot be made a redelivery/return charge is applicable to the customer.
    14. Delivery is kerbside and if delivered by our pallet courier will be made by a tail lift and pallet truck.
    15. Delivery cannot be made on steep inclines/decline for safety purposes.

 

  1. RETURNS AND REFUNDS
    1. An order can be cancelled at any point prior to it being dispatched and you will receive a full refund. To cancel orders simply call us on 01274 493311 or email mcdirect@manninghamconcrete.co.uk
    2. You can return any unused product to us in its original condition i.e. Unopened packaging for a refund within 30 days of delivery.
    3. However this right to return does not apply to powder, direct, special, bespoke or made to measure products.
    4. As is standard practice in the building industry; a handling and restocking charge of 25% is applicable to all returned items.
    5. For National Orders our returns policy is for customers to organise for products to be returned back to us. On receipt we will provide a full product refund deducting the restocking charge (25%). - Once we have assessed product condition.

 

  1. HOW TO RETURN A PRODUCT
    1. If you wish to return a Product after it has been delivered, you will be responsible for returning the Product to us at your cost by any of the following methods:
      1. Free Returns to Store
      2. To arrange for a Product to be collected please e-mail mcdirect@manninghamconcrete.co.uk with your order number and details of the Product to be returned. We will arrange for the collection of the product. Please note that there will be a minimum charge payable by you of £25 for this service, which may rise depending on your location and product type.
    2. All refunds for returned Products will be processed within 30 days and will be made to the account used to purchase the product.

 

  1. FAULTY OR DAMAGED PRODUCTS
    1. In the unlikely event that a delivered product is faulty or damaged, we will exchange it or provide you with a refund, as long as we are notified of the product's fault within 30 days of it being delivered to you.

 

  1. LIABILITY
    1. Except for the remedies set out in our Refunds and Returns section (see above), if any Product which we supply is proven to be damaged or defective we will either repair or replace the Product or offer a refund less a fair amount on account of your use of the Product.
    2. Where we are unable to perform our obligations under the Contract due to matters outside of our control or if we supply a product that is damaged or defective we will not in any circumstances accept liability for any claim to recover loss of profits or any special or indirect loss, damage or expense. Nothing in these conditions excludes or limits in any way our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; or
  • any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  1. As a consumer customer you may have additional legal rights in relation to Products that are faulty or not as described and nothing in these Terms affects these rights. Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

  1. CHILDREN
    1. As a responsible retailer, we are aware that minors can incorrectly use some DIY products. We do not knowingly sell to children and orders may only be placed by persons aged 18 or over.

 

  1. OTHER IMPORTANT TERMS
    1. We reserve the rights to make changes to these Terms. Any changes will be posted to the site and will take effect immediately. You should therefore read the Terms each time you place an order with us.
    2. Our site and its contents and any Contract formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.

 

  1. CLICK & COLLECT TERMS & CONDITIONS
    1. Click and collect orders can be made at any time on the MC Direct website between 8am and 5pm Monday to Friday, between 8.30am and 4.30pm on Saturdays and between 9.30am and 3.30pm on Sundays by calling 01274 493311. Your call will be charged at the same rate as calling a landline, call rates from mobile providers will vary. Click & Collect Orders must be placed by telephone on Sundays.
    2. Subject to stock availability, we will aim to ensure that click and collect orders are available for collection from the nominated store within 24 store trading hours of our first contact confirming your order number. Please check your selected Stores trading hours as these may vary.
    3. Once your order has been placed you will receive contact from us to confirm your order and when available for collection.
    4. Orders will be held for 24 hours from the time we make first contact confirming the purchase. If you have not collected your order within this timeframe you will be contacted by the store.
    5. We reserve the right to automatically cancel and refund any orders not collected within 5 days. When collecting your order please ensure that you have your order confirmation email (either printed or on your phone), together with the payment card used to make the purchase as Manningham Concrete reserve the right to see this card before releasing the goods. If 3rd Parties are collecting goods on your behalf they must have a copy of the order confirmation email, Manningham Concrete reserve the right to ask to see photo ID, such as a valid photo card driver’s licence or passport which will be photocopied by the store before the goods are released. Please note that goods will not be released to non-approved collection or courier companies.

 

PRIVACY POLICY

 

  1. INFORMATION WE COLLECT FROM YOU AND HOW WE USE IT
    1. We will collect information about you when you open an account, register with this website, place an order for products or services, request further information from us or if you wish to contact your local branch. The type of information we may collect includes your name, postal address, job title, e-mail address and telephone number so that we can contact you accordingly.
    2. When you enter a competition or promotional feature, we may also ask for your name, postal address, e-mail address and telephone number so we can administer the competition and notify winners.
    3. We may also obtain information about your usage of this website using Cookies.
    4. Separate terms and conditions may apply when you open an account or if you decide to participate in a competition so please make sure that you read these at the relevant time.

 

  1. HOW DO WE USE THE INFORMATION WE COLLECT ABOUT YOU?
    1. We may use the information provided by you:
      1. - to process your order or manage your account (if applicable),
      2. - to contact you for your views on our services,
  • - to notify you about important changes or developments to our site or services,
  1. - to provide a more personalised online experience,
  2. - for record keeping purposes,
  3. - to keep you informed about our products and services that we offer. If you agree, we may also pass your information to other companies in the Group so that they keep you informed about the products or services which they offer. For more information see the paragraph below, and
  • - for market research purposes, on an anonymous basis to track activity on our site, to publish trends and/or to improve usefulness and content,
  1. We only retain your information for a limited period in order to respond to your query, provide you with the information you require or to send you updates on our products and services for as long as you indicate that you are happy for us to do so. We are required to keep some records for a longer period of time to meet our legal obligations.

 

  1. KEEPING YOU INFORMED
    1. If you have bought or enquired about our products or services previously, we may also use the information we collect to let you know about other products and services which may be of interest to you and to keep you updated with information about promotional offers and what is coming soon at Manningham Concrete Ltd.
    2. If the email address you have provided to us is a corporate email address, we may contact you at any time to let you know about our products and services.
    3. However, you will be able to let us know if you no longer want to receive material from us each time that you receive a communication by replying to the email using the words “STOP.”

 

  1. DISCLOSING YOUR DATA
    1. We never make your personal details available to companies outside of Manningham Concrete Ltd
    2. However, we may use other companies to provide services to you on our behalf. These services may include but are not limited to answering your questions about products or services, sending postal mail and e-mails and analysing data. We will only provide those companies with the information they need to deliver the service we have engaged them for and they are prohibited from using that information for any other purpose.
    3. We may have to disclose your information by law or because a court or the police or other law enforcement agency has asked us for it. In the event that a majority of our shares were bought by another company or we transferred a substantial amount of our assets to another company, we would disclose your personal information to that purchaser.

 HOW IS YOUR INFORMATION PROTECTED

Only employees who need the information in order to do their jobs have access to it. We never transfer your data outside of the UK.

CHANGES TO OUR PRIVACY POLICY

We keep our Privacy Policy under regular review and if we change our Privacy Policy we will post those changes on this page so that you are always aware of what information we collect and how we use it. This policy was last updated in September 2013.

YOUR RIGHTS

You may request details of personal information that we hold about you. If you would like a copy of it, please email us. A small fee may be payable.

We want to make sure that your personal information is accurate and up to date. Therefore, if you think any information we hold about you is incorrect or incomplete, please email to us at mcdirect@manninghamconcrete.co.uk as soon as possible so we can update our records.