TERMS & CONDITIONS

M&P DIRECT LIMITED ("M&P"): ONLINE TERMS AND CONDITIONS  

Introduction

These terms and conditions apply to the sale of Products through our Website. For purchases made in-store, please refer to our in-store terms and conditions.

Our registered company number is 03928542 and our registered address is: 

M & P Direct Limited.
Phoenix Way, 
Garngoch Industrial Estate, 
Gorseinon, 
Swansea 
SA4 9HN. 
Tel: 01792 224400. 
www.mandp.co.uk. 

We are registered with the Office of the Information Commissioner in the UK, registration number Z6142034. 
M&P are a large motorcycle and accessory retail company with an online store, a small telesales operation, ebay stores, numerous motorcycle franchises, parts and accessories retail stores,  clothing retail stores, workshops and warehouse. 

We want you to enjoy using our Website and the useful information and Products that we provide through it. All information on this Website is provided in good faith. To avoid any misunderstandings, please take a moment to read these Terms, which govern the contract between us. They set out the basis of how you use our site, the purchase of our Products, what we provide, what we charge and what we ask of you in return. By submitting an Enquiry and/or an Order to M&P, you are agreeing to these Terms and our, Privacy Policy which will apply to any purchase you make from M&P on this Website. 

SUMMARY 

1. Definitions 
2. Product Details 
3. Price of the Products 
4. Enquiries 
5. Order Acceptance and Payment 
6. Our Right to Cancel 
7. Delivery 
8. Right of Cancellation 
9. Warranties and Refunds 
10. Returns Procedure 
11. Use of Website 
12. Liability 
13. Notices, Enquiries and Complaints 
14. Intellectual Property 
15. Privacy Policy 
16. General 

 

1.  Definitions 

1.1. In these terms and conditions (the "Terms") unless the context otherwise requires, the following words and phrases shall have the following meanings: 

"Customer Material" means any information provided by the customer to M&P including, but without limitation, your details, sizes, delivery details, requirements or any information provided in the Enquiry or Order; 

"Enquiry" means any enquiry made of M&P; 

"Force Majeure Event" includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war; 

"Order Confirmation" an order confirmation from M&P to you confirming receipt of your payment and the acceptance of your order; 

"Price" means a price issued by M&P to you in response to an Order Confirmation and/or an Enquiry; 

"Product" means products available for sale on the Website; 

"M&P", "us" or "we" means M&P Direct Limited (Company Number 03928542) whose registered office is at Phoenix Way, Garngoch Industrial Estate, Gorseinon, Swansea, SA4 9HN (VAT Number: GB 779 463 275); 

"Website" means the website for the sale of the Products at www.mandp.co.uk; 

"Writing" includes email, fax, or other comparable means of communication; 

"you", "your" or "customer" means the person, firm or company placing an order for Products with M&P. 

 

2.    Product Details 

2.1.  The Products displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given. If the Product you receive is materially different from the Product details specified you shall be entitled to reject it without penalty. 

2.2.  All Products are subject to availability. In the unlikely event of a change in the specification or quality of the Products ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the Product has been delivered to you. 

 

3.   Price of the Products 

3.1.  Subject to the provisions of clauses 3.4 and 3.5 the Price of the Products will be as stated on our Website at the time you submit your order. 

3.2.  Prices stated on the Website include VAT for the item(s) but not the cost of delivery and insurance during freight as that cost is dependent upon the value of the item(s) purchased and so is advised in addition to the Prices stated. 

3.3.  All Products must be paid for in full before being dispatched. 

3.4.  The price of the Products stated on our website may vary due to factors outside M&P’s control, or if there is a delay between the time of the order and you receiving your Order Confirmation. In these circumstances you will be entitled to cancel your order if the price increase is not acceptable to you.

3.5.  Without prejudice to clauses 3.4 or 6.1.1, if we discover an error in the price of the Products offered we will contact you to resolve the situation.

3.6.  Prices on the website can be viewed by different currency but will be invoiced in sterling. 

3.7.   Vouchers - Vouchers can only be redeemed against the cost of Products. No cash or refund is given if the value of Products is less than the voucher value. Vouchers cannot be redeemed against carriage charges. Only one voucher can be redeemed per order. 

 

4.   Enquiries 

4.1.  By making an Enquiry you are under no obligation to purchase any Product but you agree to be bound by these Terms and our Privacy Policy. 

 

5.    Order Acceptance and Payment 

5.1.   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).

5.2.   When we receive your order we will send you an acknowledgement of its receipt. Once payment has been received by us in accordance with clause 5.1 we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide. When we send you this Order Confirmation a legally binding contract exists between us. M&P reserve the right to refuse any voucher code application or redemption if there is any suspicion of fraud, malredemption or foul play. 

5.3.   You may pay for the Products in any currency from time to time stated on our Website. 

5.4.   You must pay for the Products you order by using any method currently specified on the Website, which may include without limitation; 

5.4.1.  a telegraphic transfer or a bank transfer to M&P’s account; or 

5.4.2. credit or debit card by communicating your card details to M&P (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the Website on the date your order is placed). 

5.5.     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: 

5.5.1.   M&P may contact you allowing you to make payment in full within a specified time period by the same or another means; or 

5.5.2.  M&P may at its sole discretion cancel your order in which case M&P shall return any monies received from you within 30 days of receipt of such monies to your nominated account and M&P shall be entitled to deduct an administration fee to cover any expenses incurred by M&P in doing so; 

5.5.3.  you agree that in any event that M&P shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur. 

5.6.   You agree to indemnify M&P in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. 

 

6.     Our Right to Cancel

6.1.    We reserve the right to cancel your order if: 

6.1.1.  after receiving your order and before we despatch 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

6.1.2.  a Force Majeure Event occurs. 

6.2.    If we do cancel your order we will notify you by e-mail 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. 

6.3.   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. 

6.4.  This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. 

 

7.     Delivery 

7.1.   We reserve the right to charge for and fulfil partial orders where the Order Confirmation consists of multiple items. 

7.2.  Delivery will be made to the address specified in the Order Confirmation. 

7.3.   We will take all reasonable steps to deliver your order to you on or before the date specified in the Order Confirmation. We cannot be held liable for delays caused by circumstances beyond the reasonable control of M&P (such as Force Majeure events). Time will only be of the essence of the contract if you have agreed this in advance with us at the time of placing your order and received an Order Confirmation with a guaranteed delivery date. 

7.4.  You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction. 

7.5   Free delivery applies to mainland UK only.
 

8.    Right of Cancellation 

8.1.  EXCEPT FOR the Products that are custom works or made to order products, you will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Products that are custom works or made to order cannot be cancelled or returned. This policy is in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.

 

9.     Warranties and Refunds 

9.1.   Subject to the following provisions of this clause 9.1, we warrant that the Products shall, for a period of 6 (six) months be of satisfactory quality. The aforementioned warranty is given by M&P subject to the following condition save that it is acknowledged that your statutory rights are not affected:

9.1.1.  M&P 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); (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.   M&P’s Products should meet or exceed your expectations. However, in the event that you can demonstrate that the Products are not fit for purpose, not as described, or not of satisfactory quality, we request that you inform us as soon as possible by contacting customer services on (01792) 224400 and calls may be recorded for training purposes.

9.3.  If the Products are found to be faulty, in accordance with clause 9.2, and you have notified us within:

9.3.1.  thirty (30) days of receipt, you shall be entitled to a full refund; or

9.3.2.  six (6) months of receipt, if your Products cannot be repaired or replaced, then you shall be entitled to a refund.

9.4.    You shall not be entitled to a repair, replacement or refund for the Product under clause 9.3, unless you cooperate with us and provide an opportunity for us to inspect or examine the Products in question.

10.    Returns Procedure

10.1.   An unwanted Product can be returned (at your expense) for a full refund within 14 days of delivery as long as it’s still in its original, unopened packaging. This returns policy for unopened Products is in addition to your statutory rights and applies to purchases made online or over the phone.

10.2.  Separately to the 14 day policy above, and in accordance with your rights when you purchase Products online or over the phone, unwanted items can be returned (at your expense) even if you have opened them for inspection as long as you let us know within 14 calendar days from the day after delivery. Once you have told us you want to return an item, you should do so without undue delay and not later than 14 days from the day on which you informed us of your decision to cancel the order. You can examine the Products as you would in a shop but to obtain a full refund you must not start using them or install them. The Products must be returned in ‘as new’ condition and in their original packaging.

10.3.   For the avoidance of doubt, clauses 10.1 and 10.2 shall only apply to Products purchased by way of a distance sale, as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015, and not to Products purchased in-store.

10.4.   Returns and exchanges can only be processed with proof of purchase. This can be the sales receipt, a bank statement or an online sales invoice. Please provide your order numbers when you return a product. 

10.5.   If you exercise the right to cancel under clause 8.1 or a right to return the Product(s) in accordance with clause 9.3, in order to make the returns procedure as efficient as possible we advise you to follow the following procedure:

10.5.1.  If you are returning an item of clothing with a value of £100 or above, please contact our customers services on 01792 224400, calls may be recorded for training purposes, or via email using [email protected], to obtain a returns authorisation number before sending the Product(s) back; 

10.5.2.  complete the return form provided with the original packing materials for the delivered Product(s); 

10.5.3.  secure the Product(s) and all of the original packing materials, including return form, packing slip, in a plainly wrapped cardboard box (the post office has these available if you do not); 

10.5.4.  clearly print your name and address on the outside of the package in the return area and mail the package to: 

M&P Direct Limited 
Phoenix Way 
Garngoch Industrial Estate 
Gorseinon 
Swansea 
United Kingdom 
SA4 9HN 

 

10.5.5.    For your protection, we advise you to insure the package for the full amount of the invoice plus postal or shipping charges. For the avoidance of doubt M&P shall not be responsible for items lost or damaged whilst in transit  

Conditions of Return 

10.5.6.   Returns are simple, but are subject to certain rules: 
(a) If the item you are returning is an item of clothing with a value of £100 or more, please contact [email protected] to request a returns label. For all other items and items of less than £100, you shall be liable for the cost incurred in returning Products to us and we shall not be obliged to accept any product returned if such costs have not been paid in full ; 
(b) each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged Products due to your negligence will not be accepted for refund.

10.6.  Subject to the conditions in clause 10.5 M&P will refund the full cost of the item. Refunds will be made in the same form as the original purchase. 

10.7.  All requests will be processed after we have inspected and verified the condition of the Products. Returns take approximately five business days to process upon receipt of the item. 

 

11.    Use of the Website 

11.1.   You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website. 

11.2.   Where M&P provides any information in relation to the Products supplied to it by a third party, M&P 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. 

11.3.   M&P does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that M&P or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission. 

11.4.  The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. M&P may also make improvements and/or changes to the Website at any time without notice. 

11.5.   Any information we receive from you will be dealt with in accordance with our Privacy Policy. 

11.6.   Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites. 

11.7.   Use of cookies on M&P’s Website

11.7.1. M&P utilises session cookies on its website to provide its shopping cart and registration system and are produced on visiting the site.

11.7.2. The cookies allow us to track whether you are logged-in to the site between pages and what items are currently in your cart. 

11.7.3. These forms of cookies are considered as exempt of The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 as per the guidelines provided by the Information Commissioners Office (ICO). 
We also utilise Google Analytics to track performance of our Products and this also utilises cookies to perform this function. 

11.7.4.  More information on Google Analytics and an opt-out is available at: https://tools.google.com/dlpage/gaoptout

 

12.     Liability 

12.1.   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. 

12.2.  Where M&P provides any information in relation to the Products supplied to it by a third party, M&P 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. 

12.3.   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 in order to re-schedule the delivery time. 

12.4.   We will not be in breach of contract as a result of any Force Majeure Event. 

12.5.    IN ANY EVENT, THE LIABILITY OF M&P 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. 

12.6.   M&P 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 M&P arising out of any order for Products from you will be limited to the total price of the Products ordered by you. 

12.7.  You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. 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. 

13.       Notices, Enquiries and Complaints 

13.1.      Any notices, enquiries or complaints should be: 

13.1.1.    e-mailed to [email protected]; 

13.1.2.   addressed to customer services on telephone number 01792 224400. Calls may be recorded for training purposes: or 

13.1.3.   sent by post to M&P Direct Ltd, Phoenix Way, Garngoch Industrial Estate, Gorseinon, Swansea, United Kingdom, SA4 9HN. 

14.    Intellectual Property 

14.1.  The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name "M&P Direct" is the sole property of M&P or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material. 

14.2.  All intellectual property rights in the Products (subject to the rights of any third party) belong to M&P. 

14.3.  You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify M&P against any loss, damages, costs, expenses or other claims arising out of any such infringement. 

 

15.    Privacy Policy 

15.1.   You acknowledge and agree to be bound by the terms of our Privacy Policy. 

16.     General 

16.1.    These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by M&P. 

16.2.   M&P reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between M&P and you. Continued use of the Website, or any of its services will signify that you agree to any such changes. 

16.3.   We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by M&P without incurring any liability on our part. 

16.4.   If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect. 

16.5.   These Terms, together with our Website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Products by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation or any statutory obligation, we shall have no liability for any such representation being untrue or misleading. 

16.6.   The contract between you and M&P shall be governed by English law and you and M&P submit to the exclusive jurisdiction of the English Courts. 

16.7.    M&P reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or any part of any of its rights or obligations under these Terms. 

16.8.  These Terms do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999.