Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These terms and conditions will apply to the purchase of the goods by you (the customer or you). MANSAINC LTD, trading as MAKITISELECT LTD, is a company registered in England and Wales under number 14369222, with a registered office at Welton Grove, Welton Court, West Yorkshire, LS6 1ES and a trading address in Leeds, West Yorkshire, LS61ES, and an email address makitiselect@mansa-inc.com (the Supplier or us or we).
2. These are the terms on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these terms and conditions. Before placing an order on the website, you will be asked to agree to these terms and conditions by clicking on the button marked “I Accept”. If you do not click on the button, you will not be able to complete your order. You can only purchase the goods from the website if you are eligible to enter into a contract and are at least 18 years old.
3. “Consumer” means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. “Contract” means the legally-binding agreement between you and us for the supply of the goods;
5. Delivery Location means the supplier’s premises or other location where the goods are to be supplied, as set out in the order;
6. Durable media refers to paper, email, or any other medium that allows information to be addressed personally to the recipient, allows the recipient to store the information in a way that is accessible for future reference for a period of time sufficient for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. “Goods” means the goods advertised on the Website that we supply to you in the number and description as set out in the Order;
8. Order means the customer’s order for the goods from the supplier as submitted following the step-by-step process set out on the Website;
9. “Privacy Policy” refers to the terms that govern how we will handle confidential and personal information received from you via the Website; 10. Website refers to our website, MANSA-INC.COM, which advertises the goods.
Goods11 The goods are described on the website, catalogues, brochures, or other forms of advertising. Any
description is for illustrative purposes only, and there may be small discrepancies in the size and colour of the goods supplied.
12. In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specifications you provide are accurate.
13. All goods which appear on the website are subject to availability.
14. We can make changes to the goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
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15. When registering to use the website, you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy.
17. You agree that we can contact you by e-mail, text message, or other electronic means, or by pre-paid mail.
18. The description of the goods on our website does not constitute a contractual offer to sell the goods. When an order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
20. A contract will be formed for the sale of goods ordered only when you receive an email from us confirming the order
(Order Confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the contract by means of an email with all the information in it (i.e., the Order
Confirmation). You will receive the Order Confirmation within a reasonable time after making the contract but, in any event, not later than the delivery of any goods supplied under the contract.
21. Any quotation is valid for a maximum period of days from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the contract, whether about the description of the goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing.
23. We intend that these terms and conditions apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you rights as a business.
Payment and Price24The price of the goods and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the order.
26). You must pay by submitting your credit or debit card details with your order, and we can take payment immediately or otherwise before delivery of the goods.
27. We will deliver the goods to the delivery location by the time or within the agreed period or, failing any agreement,
without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into.
28. In any case, regardless of events beyond our control, if we fail to deliver the goods on time, you may treat the contract as terminated (in addition to any other remedies) if: we refused to deliver the goods, or if delivery on time is essential, taking into account all relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential, or you said to us before the contract was made that delivery on time was essential; or after we have failed to
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29. If you treat the contract as at an end, we will (in addition to other remedies) promptly return all payments made under the contract.
30. If you had the right to end the contract but didn’t, you are not prevented from cancelling the order for any goods or rejecting goods that have already been delivered. If you do either of these things, we will promptly return all payments made under the contract for any goods that were cancelled or rejected.If the goods have been delivered, you must return them to us or allow us to collect them from you; we will pay the cost of this.
31. If any goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit), you cannot cancel or reject the order for some of those goods without also cancelling or rejecting the order for the rest of them.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. If, however, we accept an order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason,
subject to the above provisions and providing you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable cost of storing and redelivering them.
35. The goods will become your responsibility from the date of delivery or customer collection. You must, if reasonably possible, examine the goods before accepting them.
36. Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.
You do not own the goods until we have received payment in full. If you haven’t paid in full or if you take a step toward going bankrupt, we can choose to cancel a delivery and end your right to use the goods you still own. In this case, you’ll have to give them back to us or let us come get them.
38. You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind without giving us a reason and without incurring any liability.
39. This is a distance contract (as defined below) which has the cancellation rights (cancellation rights) set out below.
These cancellation rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.
Also, the cancellation rights for a contract cease to be available in the following circumstances:
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
41. Subject to the terms and conditions, you have 14 days to cancel this contract without giving any reason.
42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the
carrier indicated by you, acquires physical possession of the last of the goods. In a contract for the supply of goods over time (i.e., subscriptions), the right to cancel will be 14 days after the first delivery.
43. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision (e.g., a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
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You can also electronically fill in and submit the model cancellation form or any other clear statement of the customer’s decision to cancel the contract on our website, MANSA-INC.COM. If you use this option, we will send you an acknowledgement of receipt of such a cancellation in a durable medium (e.g., by email) without delay.
45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
46. Except as set out below, if you cancel this contract, we will reimburse you all payments received from you,
including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
A Deduction for Goods Provided
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you (i.e., handling the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods; e.g., it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the goods, we will make the reimbursement without undue delay and no later than: 14 days after the day we receive back from you any goods supplied; or (if earlier) 14 days after the day you provide evidence that you have sent back the goods. 49. If we have offered to collect the goods, or if no goods were supplied, we will make the reimbursement without undue delay and no later than 14 days after the day we receive back from you any goods supplied. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
51. If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us at Leeds, West Yorkshire, LS61ES without delay and, in any event, not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the goods.
52. For the purposes of these cancellation rights, the following words have the following meanings:
A distance contract is a contract between a trader and a consumer that is made through an organised distance sales or service-provision scheme without the trader and the consumer being in the same place at the same time and with the exclusive use of one or more means of distance communication up to and including the time the contract is made. A sales contract is a contract in which a trader transfers or agrees to transfer ownership of goods to a consumer.
53. We have a legal duty to supply the goods in conformity with the contract, and will not have conformed if they do not meet the following obligation.
54. Upon delivery, the goods will
be of satisfactory quality.
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For any particular purpose for which you buy the goods, which before the contract is made, you make known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment)
; be fit for any purpose held out by us or set out in the contract; and conform to their description.
55. If the problem comes from your materials, it is not a failure to conform.
56. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial
scope of the guarantee, are set out in the manufacturer’s guarantee provided with the goods. This guarantee will take effect at the time the goods are delivered and will not reduce your legal rights.
Successors and our sub-contractors 57. Either party can transfer the benefit of this contract to someone else, and will remain liable to the other for its obligations under the contract. The supplier will be liable for the acts of any sub-contractors whom it chooses to help perform its duties.
Circumstances beyond the control of either party
58. If a party can’t meet its obligations because of something out of its control, it will tell the other party as soon as it’s reasonable to do so. The party’s obligations will be put on hold as much as is reasonable, as long as the party acts reasonably, and the party won’t be responsible for any failure it couldn’t have avoided. This won’t change the customer’s rights about delivery and any right to cancel, which are explained above and below.
Your privacy is extremely important to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
60. These terms and conditions should be read in conjunction with, and in addition to, our policies, including our privacy and cookie policies ().
61. For the purposes of these terms and conditions,
“Data Protection Laws” means any applicable law relating to the processing of personal data, including but not limited to the GDPR.
“GDPR” means the UK’s General Data Protection Regulation.
“Data Controller,” “Personal Data,” and “Processing” shall have the same meaning as in the GDPR.
62. We are the Data Controller of the Personal Data we process in the course of providing goods to you.
63. If you provide us with personal data so that we can provide you with goods, and we process that personal data in the course of providing the goods to you, we will comply with our obligations imposed by data protection laws: we will identify the purposes for which information is being collected before or at the time of collection; we will only process personal data for the purposes identified; and we will respect your rights in relation to your personal data.
64. For any enquiries or complaints regarding data privacy, you can e-mail:
Excluding liability
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65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the supplier is not liable for (i)
loss which was not reasonably foreseeable to both parties at the time the contract was made, or (ii) loss (eg loss of profit) to the customer’s business, trade, craft or profession which would not be suffered by a consumer because the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession.
Legislation, jurisdiction, and complaints
66. The contract (including any non-contractual matters) is governed by the laws of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, to the courts of Scotland or Northern Ireland.
68. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, the customer should contact customer service to inform us of the situation.
Attribution
69). These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
ToMANSAINC LTD. Model Cancellation Form
makitiselect@mansa-inc.com
I/We[*] hereby give notice that I/We [*] will cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*]. Ordered on [*] and received on [*]. ______________________ (date received)
The consumer’s name(s):
Consumer(s) address:
Consumer(s) signature (only if this form is notified on paper)
Date
([*] Delete it as appropriate.
