GENERAL TERMS AND CONDITIONS OF SALE
1.1 "BUYER" means the person who buys or agrees to buy the goods from the Seller.
1.2 "CONDITIONS" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by Seller.
1.3 "DELIVERY DATE" means the date specified by the Seller when the goods are to be delivered or alternatively collected by the Buyer.
1.4 "GOODS" means the articles which the Buyer agrees to buy from the Seller.
1.5 "PRICE" means the price for the Goods excluding carriage, packing, insurance and VAT.
1.6 "SELLER" "MC-1" means MC-1 INTERNATIONAL LTD, Hadston Industrial Estate - Hadston Northumberland NE65 9YG
2. THE PRICE AND PAYMENT & OUR RIGHT TO CANCEL
2.1 The price shall be the price set out overleaf. All prices are subject to VAT.
2.2 Until such time as full payment is made by the Buyer to the Seller title in the goods shall remain with the Seller.
2.3. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).
2.4. Once payment has been received by us in accordance with clause 2.3 Order Confirmation a legally binding contract exists between us.
2.5. MC-1 reserve the right to refuse any voucher code application or redemption if there is any suspicion of fraud, malredemption or foul play.
2.6. You must pay for the Products you order by using any method currently specified on the eBay Shop, which may include without limitation;
2.7. You may pay for the Products using PayPal.
2.7.2. credit or debit card by communicating your card details to MC-1 (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the store on the date your order is placed).
2.8. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:
2.8.1. MC-1 may contact you allowing you to make payment in full within a specified time period by the same or another means; or
2.8.2. MC-1 may at its sole discretion cancel your order in which case MC-1 shall return any monies received from you within 14 days of receipt of such monies to your nominated account and MC-1 shall be entitled to deduct an administration fee to cover any expenses incurred by MC-1 in doing so;
2.8.3. you agree that in any event that MC-1 shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
2.9. You agree to indemnify MC-1 in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
2.10. We reserve the right to cancel your order if:
2.10.1. after receiving your order and before we your Order, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or
2.10.2. a Force Majeure Event occurs.
2.11. If we do cancel your order we will notify you by e-mail or ebay messaging sytem and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
2.12. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Order Confirmation.
2.13. This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
3. THE GOODS
3.1 The quantity and description of the Goods shall be supplied in accordance with the description contained in the Seller's Specification and Invoice.
3.2 The Seller may from time to time make changes in the specification of the Goods which are required to comply with the applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
4. WARRANTIES AND LIABILITY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
4.1 MC-1 cannot accept any liability for damage caused to the vehicle,the product or any contents (including any other products attached including 3rd party) arising due to overloading,careless fitting,misuse,act of God,Force Majeure Event.
4.2 Soft lugagge such as for example Givi Waterproof bags , Bagster tank bags, and other similar category items as provided by the manufacturers BAGSTER & GIVI are designed to carry normal motorcyclis's requirements eg waterproof rain covers,tyre repair kit,handbook,maps,camera,etc. Soft luggage are not guaranteed or designed to carry full loads of tinned food or drink,house bricks,heavy tools,sharp objects such as unprotected tools/knifes,or any other sharp objects. The maximum recomendation/reasonable load recomemendations must be followed.Overloading or careless fiiting and/or improper fitting will invalidate the manufacturers guarantee. We MC-1 cannot accept any liability for injury, damaged caused to the vehicle, the product or any of its contents or attached contents arising of misuse or improper fitting or failure to use in accordance with the manufacturers guidelines.
5. DELIVERY OF THE GOODS
5.1 Delivery of the Goods shall be made to the Buyer's Ebay given address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly. The Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the Delivery Date.
5.3 For standard back orders the Buyer should note that the order will take 3 to 4 weeks for delivery and in exceptional circumstances may take longer.
5.4 Any order cancelled by the Buyer will be subject prior to delivery of a cancellation fee. The Buyer should note that any transaction whereby goods have been placed in transit by the time that the Order is cancelled will be the subject of a cancellation fee payable by the Buyer to the Seller.
5.5 The Seller reserves the right on all Special Order transactions to refuse cancellation of the Order or alternatively accept the return of items delivered to the Buyer or make refunds in respect of any item classed as a Special Order.
6. ACCEPTANCE OF GOODS AND RETURNS
6.1 The Buyer shall be deemed to have accepted the Goods upon delivery of the Goods to the Buyer.
6.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.
6.3 The Seller agrees to permit the Buyer to return any of the Goods which are not in accordance with the Contract. The Buyer agrees to notify the Seller of any defects in the Goods or the Order within 5 working days of delivery of the Goods and return the rejected Goods within 14 working days of delivery.
6.4 Any items rejected or returned by the Buyer must have been unused while in the possession of the Buyer and such goods must have attached to them the stock number label. The Buyer must also include with the returned goods a letter stating the reason for the return or rejection and a copy of the invoice.
6.5 Upon the Buyer exercising his right of return or rejection the Seller shall be entitled to levy upon the Buyer any handling charge as may be reasonable.
6.6 If the Buyer properly rejects any of the Goods which are not in accordance with the agreement the Buyer shall none the less pay the full price for such goods unless the Buyer promptly gives notice of rejection as aforesaid to the Seller. The Buyer shall be responsible for the cost of returning such items returned or rejected to the Seller. In case of proven manufacturing fault/defect item The Seller shall upon its own discretion refund to the Buyer the cost of postage up to a maximum cost of £6.00 per Order.
7. PROPER LAW OF CONTRACT
This contract is subject to the law of England and Wales.
8.1. Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Unfair Contract Terms Act 1977) the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in clause 9.1, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
8.2. Where MC-1 provides any information in relation to the Products supplied to it by a third party, MC-1 does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
8.3. In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use reasonable endeavours to contact you via ebay messaging system/email or phone in order to re-schedule the delivery time.
8.4. We will not be in breach of contract as a result of any Force Majeure Event.
8.5. IN ANY EVENT, THE LIABILITY OF MC-1 FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
8.6. MC-1 shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of MC-1 arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
8.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our eBay store. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase. We make no representation and accept no liability in respect of any additional costs involved arising in connection with exportation/importation. The International buyer/customer is fully responsible for any custom fees,importation taxes/any other duties,taxes at the destination Country.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by MC-1 subject to the following condition save that it is acknowledged that your statutory rights are not affected:
9.1.1. MC-1 shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing by us or by the manufacturer) or specified by us or the manufacturers oral/by phone/ or vialeaflets/manuals/instruction downloads/or by way of any relevant information displayed on ours or the manufacturers website); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
9.2. MC-1’s products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify MC-1 of the problem WHITHIN 7 DAYS OF RECEIPT & RETURN THE ITEMS WHITIN 14 DAYS OF PURCHASE of the Products in question. For the purposes of efficiency we advise you to contact us via EBAY ELECTRONIC MESSAGE SYSTEM ( unless other is agreed , we only accept returns by way of the customer opening a RETURN CASE via EBAY RESOLUTION CENTRE - If you are not familiar with how to open a "RETURN CASE" via EBAY RESOLUTION CENTRE , please contact EBAY CUSTOMER SUPPORT for advice & help, alternatively contact us for advise via the EBAY MESSAGE system.
9.4. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):
9.4.1. We may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with clause 10; or
9.4.2. We will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid for the product not including returns or delivery postage.
10. Returns Procedure
10.1. If you exercise the right to cancel under clause in accordance with current UK legislation and as described in clause 9.4, in order to make the returns procedure as efficient as possible we advise you to follow the following procedure:
10.1.1. please contact our customers services on EBAY MESSAGE SYSTEM to describe the problem regarding any returns (alternatively via TEL 01670 761961 MON-FRI 10.00-16.00 UK TIME)
10.1.2. please open a RETURN CASE via EBAY RESOLUTION CENTRE
10.1.3. secure the Product(s) and all of the original packing materials, packing slip, please return in a well packed/wrapped cardboard box.
10.1.4. clearly print your name and address on the outside of the package in the return area and mail the package to the return address you will be given/provided/confirmed in the RETURN CASE DETAILS as provided ebay on the RESOLUTION CENTRE return process/procedure details.