Terms and Conditions

We are : McCulloughs Ltd

UK Registered Company:  05324768

Our address is: 5D Victoria Way

Newmarket

Suffolk

CB8 7SH

We can be contacted at: Email: enquiries@mcculloughs.co.uk

Telephone: 01638 666489

You are: A user of our Website.

 

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods. By ordering any Goods you agree to be bound by these Terms and Conditions.

  1. Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;

“Goods” is a reference to any goods which we may offer for sale;

“Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data;

“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods;

“we”, “us” and “our” are references to McCulloughs Ltd of 5D Victoria Way, Newmarket, Suffolk, CB8 7SH; and

“Website” is a reference to our website www.mcculloughs.co.uk on which we show our Goods.

  1. Ordering
    • Any contract for the supply of Goods is between you and McCulloughs Ltd. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the payment details that you provide is your own and that you have sufficient funds to make the payment. `
    • Goods purchased are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party.
    • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure.
    • Any order that you place with us is subject to manufacture/product availability and acceptance by us. Once we have checked manufacturing timeframes we will send you a confirmation email specifying when the products will be available for collection and confirm the price of the Goods purchased.  If we are unable to fulfil your order we will let you know by email.
    • All prices listed on the website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.
  1. Manufacturing
    • All ductwork, plenums, fan boxes are non-stock items and made to order to your specifications.
    • Ductwork is manufactured to DW144 regulations.
    • All measurements are approximate, please allow a margin of 6mm.
    • We shall not be held responsible or liable for incorrect installation of Goods bought from us and installed by third parties.
  1. Prices and Payment
    • All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are exclusive of value added tax unless otherwise stated. Prices are exclusive of delivery charges.
    • Full payment must be made before Goods are manufactured/dispatched or collected. You can do so via a BACS payment.
  1. Collection/Delivery
    • Collection is from our unit: 5D Victoria Way, Newmarket, Suffolk, CB8 7SH.
    • On request, a delivery quote can be provided. A price for delivery varies greatly depending on quantity and location.

If you choose for your items to be delivered:

  • Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
  • We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering/delivery. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
  • No refunds are made for late deliveries.
  • At the time of delivery incomplete orders should be written on the delivery note and we should be notified as soon as possible following delivery and within 3 days of delivery.
  • All risk in the Goods shall pass to you upon delivery.
  • If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.
  • Delivery is to UK Mainland only.
  1. Your Information
    • Where we have requested information from you to provide Goods you agree to provide us with accurate and complete information.
    • You authorise us to use, store or otherwise process your personal information in order to provide the Goods to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to third parties where this is required by law. More information can be found in our Privacy Policy.
    • You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information, a small administration charge may be applied.
  1. Cancellation and Returns
    • Right to Cancel Goods that are Non-Personalised or Not Made to Order (For customers based within the EU only):
      • If your Goods are non-personalised or NOT made to order you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods (or, in the case where you have ordered multiple Goods as part of one order, 14 days from the day on which you acquire, or a third party other than the carrier, acquires physical possession of the last item of the order).
      • To exercise your right to cancel you must notify us immediately preferably by email to enquiries@mcculloughs.co.uk or by calling us on 01638 666489. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the cancelation form located on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay.
      • 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.
      • We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been despatched. In these cases the Goods will need to be returned to us.
    • Effects of Cancellation of non-personalised or NOT Made to Order:
      • If your Goods are non-personalised or NOT Made to Order you can cancel this contract, we will reimburse to you all payments received from you, including basic cost of delivery (we will not reimburse supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
      • 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.
      • We will make the reimbursement without delay and not 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 returned the Goods, or
        • if there are no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
      • We will make this 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. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
      • You shall send the Goods back or hand them over to us at the following address – McCulloughs Ltd, 5D Victoria Way, Newmarket, Suffolk, CB8 7SH without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send the Goods back before the period of 14 days has expired.
      • You will have to bear the costs of returning the Goods.
      • You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
    • Personalised or Made to Order Goods:
      • The right to cancel an order for Goods described in clause 1 above does not apply to orders for personalised Goods or Goods which are made to order or to your specifications.
  • Returns where Goods are faulty:
    • Please email shop@mcculloughs.co.uk to inform us of your wish to return Goods quoting your order number.
    • We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if the Goods arrive damaged or not what you ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the Goods to us within 30 days of receipt.
    • We recommend that all returned Goods are returned using a reputable courier.
  1. Linked Sites

There may be links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.

  1. Complaints

We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to enquiries@mcculloughs.co.uk

  1. Limitation of Liability
    • Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    • We disclaim any and all liability to you for the supply of the Goods to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
    • We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
    • We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
    • We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us or any products purchased from us and installed by third parties.
    • We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
  1. General
    • We may subcontract any part or parts of the Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
    • We may alter or vary the Terms and Conditions at any time without notice to you.
    • The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
    • If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    • These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
    • No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
    • It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.