Terms and Conditions of Business
In these terms and conditions, the following terms shall have the following meanings:
"MCS", "we", "us", "our" etc. MOVIE CAMERA SUPPORT LIMITED
A company registered in England and Wales under no. 49845573
Registered office and trading address: 905 Uxbridge Road, Hillingdon, Middlesex UB10 0NH
Telephone: 0208 848 7716
"Buyer", "you", "your" etc. A purchaser or potential purchaser of goods and/or services from MCS
MCS supplies professional equipment and services to the television industry and is primarily a business-to-business supplier.
The following terms and conditions apply to all sales.
Please note that if you are dealing as a consumer, the additional provisions set out in Condition 22 below also apply to the sale.
1.1 These terms and conditions ("Terms and Conditions") apply to all offers, quotations and sales of goods and/or services by MCS to any Buyer. If MCS and Buyer have entered into a separate written contract relating to the sales of products, or the provision of services, including without limitation a reseller or distributor agreement (but not, for the avoidance of doubt, any Buyer terms and conditions), these Terms and Conditions shall additionally apply to purchases under the separate agreement to the extent they are not inconsistent with the terms of that separate agreement.
1.2 Any agreement between MCS and Buyer shall be binding only if and to the extent that an individual order is expressly accepted by MCS in writing. MCS shall have full discretion in accepting or rejecting any order.
1.3 Except as set forth in Condition 1.1above, these Terms and Conditions shall be exclusive of and prevail over all other terms and conditions, written or oral, implied by trade custom or course of dealing, wherever appearing or however introduced (including those in catalogues specifications or any Buyer terms and conditions, request for quotation, order or confirmation) unless expressly otherwise agreed by MCS in writing. All other terms or conditions are expressly rejected by MCS. Buyer agrees to be bound by these Terms and Conditions whether or not expressly so stated in any order, confirmation or otherwise. Each deviation from or modification of these Terms and Conditions requires the express written agreement of MCS in each instance. Modification or waiver of any provision in one instance shall not constitute modification or waiver in any other instance.
1.4 Buyer may not without MCS’s prior written consent assign all or any of its rights under any contract incorporating these conditions.
1.5 Any reference in these Terms and Conditions to MCS shall be taken to include all members of MCS’s group (meaning MCS, any subsidiary or holding undertaking from time to time of MCS, and any subsidiary undertaking from time to time of a holding undertaking of that MCS, as such expressions are defined in section 1162 of the Companies Act 2006).
No quotation given by MCS either verbally or in writing shall constitute an offer.
3.1 Goods are supplied in accordance with the relevant manufacturer’s standard specifications but MCS reserves the right for it and/or manufacturers to make such improvements and modifications in such specifications without prior notice as it and/or they consider(s) desirable in the circumstances and without any further liability to Buyer, without obligation to modify or change any goods previously delivered or to supply new goods in accordance with earlier specifications, unless MCS agrees otherwise in writing and subject always to Buyer paying any additional charges that may be payable therefore.
3.2 If MCS or its suppliers wish to make any improvements or modifications to any goods to be supplied to Buyer that would affect form, fit or function, MCS shall not implement such improvement or modification without the prior agreement of Buyer.
3.3 If Buyer wishes to change the specification of any goods to be supplied by MCS then MCS shall not be obliged to agree to such change. If MCS does agree to any proposed change requested by Buyer then MCS shall be entitled to adjust the price, delivery and warranty accordingly.
3.4 All technical information and particulars of goods and performance given by MCS are given as accurately as possible but are not to be treated as binding or as forming part of any contract with Buyer unless specifically confirmed or agreed by MCS in writing.
The specification for packaging the goods shall be entirely at the discretion of MCS who shall have the right to pack all goods in such manner, with such materials, and in such quantities as MCS thinks fit, and who shall not be obliged to comply with any packaging instructions or requests from Buyer. The cost of special packaging, if agreed or deemed necessary by MCS, shall be an additional charge.
5.1 Unless otherwise accepted by MCS in writing the price of the goods shall be the relevant price in MCS’s current price lists at the date of purchase or pre-order (in the case of the latter, with a confirmed purchase order or deposit) (whichever is the sooner), subject always to Conditions 5.2 and 5.3.
5.2 Prices are subject to alteration by MCS at any time. MCS shall notify Buyer of any alteration in price, whereupon Buyer may cancel the contract (without liability to MCS) by giving notice in writing to MCS within 7 days.
5.3 In the case of pre-ordered goods that are purchased by MCS in a currency other than pounds sterling (GBP), final pricing is subject to fluctuation in foreign exchange rates and will be agreed between MCS and Buyer before completion of the sale. Once pricing has been agreed and MCS has ordered the goods, Buyer may only cancel its order in accordance with Condition 17.
5.4 Buyer shall bear the cost of any applicable sales, value added, excise, or similar tax in relation to the goods unless Buyer provides MCS with a tax exemption certificate or licence acceptable to the taxing authorities before shipment. Prices are exclusive of VAT and other taxes, and ex-works (see below).
In the case of pre-orders where a manufacturer RRP isn’t available at the time of order, MCS will
communicate final pricing to Buyer at the earliest possible opportunity. Buyer may cancel a pre-order provided it does so in accordance with Condition 17.
7.1 All orders are subject to the cost of packing and carriage to Buyer’s nominated address in mainland United Kingdom by MCS’s standard method of transportation. Any requests from Buyer for delivery outside mainland United Kingdom or other than by MCS’s normal method of transportation are subject to MCS’s prior agreement and shall entitle MCS to adjust the price and delivery terms accordingly. Whilst MCS will use reasonable endeavours to keep to any agreed delivery date, it accepts no liability whatsoever for any loss or damage resulting from delay however caused nor shall late delivery or non-delivery be a basis for cancellation of any order by Buyer. MCS may make part deliveries. No partial delivery shall affect Buyer’s obligation to pay for any other part of the order.
7.2 The Goods shall be at your risk from the time of delivery. You (and/or any person taking possession of the Goods on your behalf) shall be responsible to inspect the conditions and quantity of the Goods, upon collection/delivery. Goods shall be signed for on receipt. The acceptance of the Goods at the delivery point shall be deemed to be a confirmation of the condition of the Goods and of your acceptance of the Goods at such condition. Any alleged discrepancy in delivery must be notified to MCS in writing within 24 hours of receipt of the goods. If Buyer fails to bring any such discrepancy to the attention of MCS in writing within such period, Buyer’s rights in respect thereof shall be deemed to have been waived.
8.1 Unless otherwise agreed in writing, all payments by Buyer for the goods and/or services shall be made to MCS in accordance with the "Credit and Settlement Terms" issued from time to time by MCS to Buyer. Without prejudice to MCS’s other rights and remedies including the right in any event to sue for the price whether or not the property in the goods has been passed, interest at the rate specified in the "Credit and Settlement Terms" may be charged on the amount of any overdue account from the due date until the date of final settlement.
8.2 For approved account Buyers, full payment is due within one calendar month from the date of MCS’s invoice.
8.3 Value Added Tax is charged on UK and EU sales at the prevailing rate on the value of the invoice. VAT will not be charged to VAT registered non-UK EU companies who provide their VAT registration number at the point of sale.
8.4 MCS reserve the right to suspend deliveries if any prior invoice is outside the agreed terms, and will charge interest on overdue amounts from the due date until the date payment is received, both before and after any judgment, at a rate of 2% per month.
8.5 MCS reserve the right to make limited goods such as used goods or special orders available to other Buyers when the goods have originally been allocated to a finance application that has been on referral for more than 7 days. If a finance application goes on referral it is because the finance company requires more information from the Buyer and it is the Buyers responsibility to ensure that it is resolved quickly.
8.6 All transactions are subject to MCS security checks which are for our mutual protection against identity theft and fraud. In the event that additional checks are required you will be informed and dispatch time will be extended by the time taken to resolve any queries raised. We apologise for any inconvenience this may cause
The risk of loss or damage to the goods shall pass to Buyer upon delivery of the goods at Buyer’s authorised trading premises specified in the order by Buyer or to a carrier on Buyer’s behalf (whichever is sooner) whereupon Buyer shall be responsible for obtaining and paying for appropriate insurance. Buyer accepts that in signing for delivery of goods from MCS that they have checked that all items ordered are present and correct. MCS shall have no liability for presence and/or condition of goods once Buyer (or Buyer’s representative) has signed for delivery.
10. Property in Goods
10.1 MCS shall retain title to the goods until it has received payment in full of all sums due and/or owing in connection with the supply of all goods and services to Buyer at any time. For these purposes MCS has only received payment when irrevocably credited to its bank account.
10.2 If any goods owned by MCS are attached to, mixed with, or incorporated into other goods not owned by MCS, and are not identifiable or separable from the resulting composite or mixed goods, title to the resulting composite or mixed goods shall vest in MCS and shall be retained by MCS for as long as and on the same terms on which it would have retained title to the goods in question.
10.3 Buyer shall store goods owned by MCS in such a way that they are clearly identifiable as MCS’s property, shall maintain records of such goods identifying them as MCS’s property, of the persons to whom it sells or disposes of such goods and of the payment made by such person for such goods. It will allow MCS to inspect these records and the goods themselves on request. All goods supplied by MCS in Buyer’s possession shall be presumed to belong to MCS (unless Buyer can prove otherwise).
10.4 MCS shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of goods owned by MCS immediately prior to their sale. Such proceeds shall be held by Buyer on trust for MCS.
10.5 If Buyer fails to make any payment to MCS when due; enters into bankruptcy, liquidation or receivership or a composition with its creditors; has a receiver, administrator or manager appointed over all or part of its assets; becomes insolvent; ceases to trade; or if MCS has reasonable cause to believe that any of these events is likely to occur, MCS shall have the right, without prejudice to any other remedies:
10.5.1 to enter without prior notice any premises where goods owned by MCS may be, and to repossess and dispose of any goods owned by MCS so as to discharge any sums owed to MCS by Buyer; and
10.5.2 to require Buyer not to resell or part with possession of any goods owned by MCS until Buyer has paid in full all sums owed by it to MCS; and
10.5.3 to withhold delivery of any undelivered goods and stop any goods in transit. Unless MCS expressly elects otherwise any contract between MCS and Buyer for the supply of goods shall remain in existence notwithstanding any exercise by MCS of its rights under this Condition.
Any Complaints against MCS (other than those referred to in Condition 6) must be made within one month of the date upon which Buyer became aware or ought to have become aware of the circumstances giving rise to the complaint. All complaints not so filed are waived.
12. Warranty and Limitations of Liability
12.1 CONDITIONS APPLICABLE TO ALL GOODS AND SERVICES
Conditions 12.2 to 12.6 (inclusive) apply to all goods sold or supplied and all services provided by MCS. Additional Conditions are applicable to the sale by MCS of ex-demo, reconditioned and/or used stock (see Condition 12.7 below).
12.2 MCS warrants that goods sold hereunder shall be free of defects in materials and workmanship and will conform to any agreed specification(s) at the time of delivery and for such period thereafter, if any, as notified by MCS to Buyer in writing. If Buyer alleges that the goods were defective at the time of delivery to Buyer, Buyer shall forthwith notify MCS in writing of the alleged defects and shall, at MCS’s option, return the goods and packing at its own expense to MCS or, or where so directed, hold the goods and packing for inspection by MCS. If the goods are proved to have been defective at the time of delivery MCS undertakes to arrange for the repair or replacement of such defective goods free of charge.
12.3 This Condition 12 sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of:
12.3.1 any breach of these Terms and Conditions however arising;
12.3.2 any use made or resale of the products or services by Buyer; and
12.3.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with these Terms and Conditions.
12.4 Nothing in these Terms and Conditions shall limit or exclude the liability of either party for;
12.4.1 death or personal injury resulting from negligence; or
12.4.2 fraud or fraudulent misrepresentation; or
12.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
12.4.4 breach of section 2 of the Consumer Protection Act 1987.
12.5 Without prejudice to Condition 12.4, neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
12.5.1 loss of profit; or
12.5.2 loss of goodwill; or
12.5.3 loss of business; or
12.5.4 loss of business opportunity; or
12.5.5 loss of anticipated saving; or
12.5.6 loss or corruption of data or information; or
12.5.7 special, indirect or consequential damage
suffered by the other party that arises under or in connection with these Terms and Conditions.
12.6 Without prejudice to Conditions 12.4 or 12.5, MCS's total liability arising under or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the total value (excluding VAT and delivery) of the goods or services being purchased by Buyer.
12.7 CONDITIONS APPLICABLE TO EX-DEMO, RECONDITIONED AND USED STOCK
MCS warrants that goods sold hereunder shall be free of defects in materials and workmanship and will conform to any agreed specification(s) at the time of delivery and for 90 days thereafter. Please note that image processing blocks (including CCD and CMOS variants), magnetic head assemblies and batteries (unless otherwise specified) are excluded from this warranty to the fullest extent permitted by law, and MCS shall have no liability in respect thereof.
13. Confidential Information
13.1 Buyer shall not, without MCS’s written consent, disclose to any third party any secret or confidential information supplied by MCS to Buyer. For the purposes of this Condition 13, any quotation, render, offer or similar document and all contents thereof and all items referred to therein shall be deemed to be confidential.
13.2 Buyer shall not copy or reproduce drawings, specifications, or other written material supplied by MCS in connection with the goods or any of the goods themselves or any part thereof.
13.3 Buyer shall indemnify MCS against any and all costs, claims, expenses, demands, losses or liabilities, which MCS may suffer or incur as a result, whether direct or indirect of any breach of this Condition 13.
14. Compliance with Laws
Buyer expressly agrees that it will not export or permit export of any MCS goods, or use or permit the use of any MCS goods, other than in accordance with all applicable laws (including complying with and obtaining appropriate permits in accordance with all applicable export and custom laws).
15. Force Majeure
MCS shall, without prejudice to any other provisions hereof, be entitled to cancel or rescind any contract and shall not be liable for any loss or damage if its ability to perform its obligations under the contract is in any way adversely affected for any reason whatsoever not within MCS’s control, or by commercial unfeasibility including the failure by MCS’s suppliers to fulfil their obligations, the denial or cancellation of necessary permits or licenses or substantial increases in the costs of performance.
16. Buyer’s Default
Should Buyer make default in any payment or otherwise be in breach of its obligations to MCS under these Terms and Conditions or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver, administrator or manager to be appointed over all or part of its assets or take or suffer any similar action in consequence of debt, MCS may, without prejudice to any other rights, cancel any undelivered or uncompleted portion of the order and stop any goods in transit.
17. Cancellation of Orders
17.1 No cancellation of any order by Buyer shall be accepted by MCS unless:
17.1.1 the cancellation is received by MCS in writing; and
17.1.2 MCS accepts the cancellation in writing and is paid by Buyer (a) the sales value to MCS of that part of the goods completed and work done in connection with the order; (b) the sales value of any items or materials bought by MCS which cannot reasonably be used elsewhere by MCS and (c) any other costs and liabilities which MCS incurs by reason of Buyer’s cancellation.
17.2 Any extra cost or liability incurred by MCS due to suspension of work or of deliveries or lack of or mistaken instructions from Buyer or to any interruptions or delays attributable to Buyer shall be added to the price of the goods and/or services and paid for by Buyer.
17.3 Goods supplied in accordance with Buyer’s order cannot be accepted for return without the advanced written consent of MCS. This must be obtained by contacting us by telephone or e-mail and is subject to the following conditions:
17.3.1 You have changed your mind and wish to cancel the order and return the goods in their original unopened and undamaged packaging within 14 days of the date of our invoice. In this case, a handling charge/re-stocking fee of 25% will be applicable. Shipping charges are not refundable. Both the 25% and our original shipping charges will be deducted from the total refund. The Buyer is responsible for returning the goods to MCS** and any refund will not be given until the goods have been checked by MCS on receipt.
17.3.2 If you believe your goods to be faulty and you wish to return them complete, undamaged and with their original packaging for a full refund this must be done within 14 days of the date of our invoice. Buyer is responsible for returning the goods to MCS**. A refund will not be given until the goods are confirmed to be faulty by a MCS technician. Additionally, MCS will confirm that the goods are complete and in their original and undamaged packaging. In all cases, MCS will do their utmost to complete the checks within 1 working day of receipt of the goods at MCS premises.
17.3.3 You believe your goods to be faulty and wish to return them for repair/replacement under the manufacturer’s warranty. Buyer is responsible for returning the goods to MCS**. Once the goods have been received, a MCS technician will confirm the fault and where the goods are confirmed to be faulty, a repaired or replacement product (in accordance with the manufacturer’s warranty conditions) will be sent to the customer by courier service. We reserve the right to charge for the shipping charges incurred during the return of the goods to the customer. If the goods are not found to be faulty, all return delivery charges will be the responsibility of the customer.
17.4 If such consent is given a re-stocking charge of 25% will be made. Returned goods must be unused, undamaged and complete with all original and undamaged packaging and then packed in an additional outer box or covering to ensure that the product and its original packaging are returned without damage. Returned goods must be of current design and must be sent carriage paid and at Buyer’s risk. Computer software and hardware / software bundles are not eligible for return unless they remain sealed in their original packaging. MCS are unable to authorise the return of special order and non-stock items.
** Please note that MCS accept no liability for loss or damage that may occur to goods being shipped to us and therefore we recommend that Buyers undertake additional insurance with their chosen carrier as a precautionary measure. We can arrange collection return of goods; however the cost of this service will be borne by you.
18.1 All Software products supplied by MCS (whether embedded in ROMs or other hardware or contained on disks or other media) including all related manuals and documentation (collectively "Software") are proprietary to their respective manufacturers and are copyrighted with all rights reserved.
18.2 All Software received by Buyer is delivered subject to the terms of the related license agreement as provided by the relevant software manufacturer.
18.3 MCS does not warrant that functions contained in the Software shall meet Buyer’s requirements. MCS makes no warranty for the performance or suitability of any supplied software.
18.4 Software cannot be returned for refund or replacement.
18.5 Buyer acknowledges that it shall have no rights in the Software or any trade mark, trade name, or service mark used in association with the Software.
18.6 In all cases, whether or not expressly contained in the related license, Buyer agrees not to (i) disassemble, decompile, reverse engineer, merge or combine with other software, copy, translate, adapt, vary or modify any Software (in whole or in part), (ii) communicate or disclose any Software (in whole or in part) to any third party, or (iii) distribute any Software (in whole or in part) in any form except as expressly permitted by applicable law.
18.7 Save as provided in this Condition 19, no warranty of any type is deemed implied and is expressly excluded, and in no case shall MCS be deemed responsible for indirect damages or other damages suffered by Buyer as a result of the acts or omissions of MCS.
19.1 All amounts due under these Terms and Conditions shall be paid by Buyer to MCS in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
19.2 The agreement between Buyer and MCS is personal to the parties and Buyer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations hereunder without the prior written consent of MCS.
19.3 These Terms and Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the subject matter hereof. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
19.4 No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19.5 No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19.6 Except as expressly provided herein, the rights and remedies provided under these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
19.7 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Condition 19.7 shall not affect the validity and enforceability of the rest of these Terms and Conditions. If any provision or part-provision of these Terms and Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
19.8 Where Buyer is more than one person (whether natural, body corporate or otherwise), each such person shall be jointly and severally liable for their obligations under these Terms and Conditions.
19.9 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
19.10 Any notice given to a party under or in connection with these Terms and Conditions shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
19.11 Any notice shall be deemed to have been received:
19.11.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or
19.11.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting or at the time recorded by the delivery service.
19.12 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
19.13 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
19.14 If any dispute arises in connection with these Terms and Conditions, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (ADR notice) to the other party to the dispute requesting mediation. A copy of the request should be sent to CEDR. No party may commence any arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
19.15 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this Condition.
19.15.1 The number of arbitrators shall be one.
19.15.2 The seat, or legal place, of arbitration shall be Birmingham.
19.15.3 The language to be used in the arbitral proceedings shall be English.
19.15.4 The governing law of the contract shall be the substantive law of England & Wales.
20. Additional terms and conditions for price match
20.1 Prior to the point of sale MCS will endeavour to match the price on most products subject (but not limited) to the following criteria:
20.1.1 The competitor must be UK based and an officially appointed dealer for the manufacturer of the goods in question.
20.1.2 The competitor must have the goods in stock and available for purchase.
20.1.3 The competitor's price is verified in writing on our request.
20.1.4 The goods and level of after sales support on offer must be identical (model number must be identical with identical warranty).
20.1.5 We do not price-match eBay or Amazon sellers.
21. Additional terms and conditions for sale of spare parts
21.1 All spare parts purchased from Creative Video Productions will carry a 90 day warranty.
21.2 Return of unwanted spare parts without completion of our RMA (Returned Materials Authorisation) form and issuance of an official RMA number is not accepted. Please therefore contact the MCS service department on + 44 20 8380 7401 to be sent an RMA form and RMA number before you return any goods to us.
21.3 MCS accepts no responsibility for shipping costs associated with the return of spare parts.
21.4 Individual parts with a value in excess of £350+VAT each that have been ordered in error may be returned for credit within 10 days of purchase provided they are returned unused and in their original and unopened packaging.
21.5 Any non-faulty part below £350+VAT is not eligible for return.
21.6 An administration charge of 20% of the invoice price will be applied to all returns of goods correctly supplied.
22. Additional terms and conditions for sale to ‘Consumers’
22.1 Whilst MCS is primarily a business to business supplier and as such contracts for the sale of goods outside the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we recognise that in some instances consumers will purchase goods from us. In these circumstances, the following additional provisions take effect and are effectively incorporated into these Terms and Conditions.
22.2 Cancelling goods
22.3 You can cancel your order in writing within 30 days of receipt. If your order consists of multiple goods, the 30 days runs from when you get the last of the batch. Please ask us for a copy of our cancellation form.
22.4 If you believe your goods to be faulty and you wish to return them complete, undamaged and with their original packaging for a full refund this must be done within 30 days of the date of our invoice. Buyer is responsible for returning the goods to MCS**. A refund will not be given until the goods are confirmed to be faulty by a MCS technician. Additionally, MCS will confirm that the goods are complete and in their original and undamaged packaging. In all cases, MCS will do their utmost to complete the checks within 1 working day of receipt of the goods at MCS premises.
22.5 Please also note that goods must be returned to us within 14 days of cancellation by you.
22.6 MCS will provide a refund within 14 days of receiving the goods back. MCS will make a deduction from the amount refunded if the value of the goods has been reduced as a result of you/your representatives handling the goods more than was necessary.
22.7 MCS will refund basic delivery charges (if paid by the consumer customer), the cost of returning the item(s) to MCS will be met by the customer (e.g. MCS will NOT be liable to refund the customer for return of items).
22.8 We may have to cancel an order before the goods are delivered, due to an event outside our control or the unavailability of stock. If this happens:
22.8.1 we will promptly contact you to let you know; and
22.8.2 if you have made any payment in advance for goods that have not been delivered to you, we will refund these amounts to you.
22.9 The product guarantees described above are in addition to, and do not affect, your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
** Please note that MCS accept no liability for loss or damage that may occur to goods being shipped to us and therefore we recommend that Buyers undertake additional insurance with their chosen carrier as a precautionary measure. We can arrange collection return of goods; however the cost of this service will be borne by you.
23. Personal Data
23.1 We will use the personal information you provide to us to:
23.1.1 provide the goods and/or services ordered;
23.1.2 process your payment for such goods and/or services; and
23.1.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
23.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
23.3 We will not give your personal data to any other third party.
23.4 Our website may also use a website recording service which may record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. Data collected by this service is used to improve our website usability. The information collected is stored and is used for aggregated and statistical reporting, and is not shared with anybody else.