This site is owned by Matt-Pack Ltd (hereafter THE MERCHANT) and registered in England, Registration No. 08390717, with registered address at Saffron Walden CB11 3GY (hereafter THE MERCHANT ADDRESS), and email address at [email protected]
Any purchase of goods from the site www.matt-pack.co.uk (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
PurposeThese terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
Some of the products for sale are for ‘trade and or professional persons only’ and not for home use. It will have ‘Trade Only’ in the description. By placing the order, and agreeing to these T&C’s you are confirming that you are indeed authorised to buy said items. This is a mandatory option from HSE. Not our doing. Not everything on the site is ‘trade or professional use’. Of course if you have a trade account with us, you are able to buy anything. We cannot monitor this 100% and it is down to you to confirm to the HSE you are indeed authorised user. You do not need to contact them or us, but our records can be called on if needed by anyone in authority.
This is a standard practice, as Cellulose paint falls into this category as does two pack (2k) paints and thinners etc. A lot of guidelines from the government are to restrict the usage of chemicals to the home user. It is nothing new or drastic.
All contractual information will be confirmed by purchaser upon ticking the terms and conditions box during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT’s computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge. This process may take up to 28 days.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request. Goods must also have been signed for as ‘damaged’. Failure to add this will halt the process completely.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS or via email.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT’s consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
Any product applied to your car /project is 100% at your own risk. We do not condone or guarantee it will coat everything 100%. There are risks. Problems arise on cars from previous repairs. This will cause reactions and peel the lacquer. This is 100% down to bad previous repairs (or ‘cheap’ resprays). We cannot predict every outcome due to so may variables. Condition of project, prep, environment applied, ability of the person applying. We accept no responsibility for any costs incurred. These, you will have to bear yourself.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification (custom colours / tinters etc.), any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a refund (minus 10% fee), credit note for full value (minus shipping fees) or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Change of mind for returned goods will incur a 10% restocking fee. Goods will be tested / weighed for 100% unused condition. If found to have been used, NO refund will be given. This will be deducted from the refund issued to the customer from the MERCHANT using the payment method supplied at purchase. The initial shipping fee or any associated fees from payment will not be refunded. Only the cost of the goods (minus restock fee). When returning goods, be sure to use a tracked and signed service, for your protection. As we cannot refund / exchange / credit goods that do not arrive. They are YOUR responsibility and remain YOUR goods until received by us. Make sure you repackage them carefully, as we do not refund / exchange / credit on damaged goods that arrive.
Custom colours are subject to a zero refund policy. You may return at your own cost, but will receive zero refund.
Training bookings – the deposit is NON refundable. If you do not show or cancel we will not refund the deposit. As you will have taken a place that someone else would have used and wasted a space.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party”) shall notify the other party ("Affected Party”) within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT’s terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
Training Bookings and Cancellations
The training fee is refundable depending on the amount of notice;
Over 4 weeks 100% (£100.00)
Over 2 week 50% (£50.00)
Over 5 days 30% (£33.33)
Over 3 days 20% (£20.00)
Over 1 day 10% (£10.00)
Less than 24hrs 0% (£0.00)
By booking you are accepting these terms.
The reason for this, is we have had 1 or 2 no shows and it is not fair, as we have turned people away from fully booked days. This is here so we now have a fully established clear set of rules before hand.
All materials supplied by THE MERCHANT are applied to customers projects solely at the customers risk. THE MERCHANT is in no way liable for any problems that occur. THE MERCHANT is not liable for any damage, compensation or expenses accrued due to the application of product supplied. It is therefore suggested you apply first to an insignificant part of your project, leave for 1 week before removing to ensure it is safe on the customers project. DO NOT purchase if you are not happy with this.