New legislation for online businesses regarding 'consumers rights to cancel' and 'sellers duty' came into force on 13th June 2014 in the UK following the introduction of the Consumer Rights Directive, a new European Directive. MGBD PARTS Terms and conditions have now been updated to meet the new Directive as of the 13th June 2014. It is important that you read the updated terms and conditions before you enter into any Contract to purchase items from MGBD PARTS. More information about the new Consumer Rights Directive can be found by clicking here
1.1 A Consumer has the right to cancel the sales contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the goods.
1.2 To exercise the right to cancel, the Consumer must inform us [MGBD PARTS Ltd, Unit 1, Ashford Industrial Estate, Dixon Street, Wolverhampton WV2 2BX, tel: 01902 689975, email: firstname.lastname@example.org] of their decision to cancel the sales contract by a clear statement (e.g. a letter sent by post or e-mail).
1.3 To meet the cancellation deadline, it is sufficient for the Consumer to send their communication concerning the exercise of the right to cancel before the cancellation period has expired.
1.4 If a Consumer cancels a sales contract with the Company, the Company will reimburse to them all payments received, including the costs of delivery (except for the supplementary costs arising if they chose a type of delivery other than the least expensive type of standard delivery offered by us).
1.5 The Company 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 the Consumer. For most goods the Consumer is 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. See 1.14 for deductions relating to the packaging of Genuine Parts and other branded items that have been handled.
1.6 The Company will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from the Consumer any goods supplied, or
(b) (if earlier) 14 days after the day the Consumer provides evidence that they have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about the Consumers decision to cancel the contract.
1.7 The Company will make the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of the reimbursement.
1.8 The Company may withhold reimbursement until we have received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
1.9 The Consumer shall send back the goods or hand them over to The Company without undue delay and in any event not later than 14 days from the day on which cancellation of the sales contract is communicated to us. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
1.10 The Consumer will have to bear the direct cost of returning the goods to The Company.
1.11 The Company does not extend rights similar to those of Consumers to non-consumers (companies or traders) or purchasers outside the European Economic Area.
1.12 Purchasers who are not European Economic Area Consumers will bear the direct costs of the original delivery in addition to the costs of returning goods if they decide to cancel an order or part of an order and return Goods. There is a handling charge of 10% of the purchase price for all unwanted goods returned by customers who are not European Economic Area Consumers.
1.13 In the case of international customers outside of the European Economic Area, The Company allows 14 days from the time of notifying the return to us for the goods to be returned. The cancellation notice period is 3 days from the date the order is originally received.
1.14 In the case of parts in branded packaging, the packaging is part of the value of the product. The supplier will not accept returns of items with missing, damaged or defaced packaging. The Company (MGBD PARTS Ltd) will accept liability for the return of unwanted Branded items with missing, damaged or defaced packaging by Consumers, only up to a maximum value of 75% of the purchase price. In some cases the item will not be re-saleable by The Company due to its limited application and the impossibility of resale. In these cases the part can be returned to the customer at the customer’s expense but no refund at all can be issued for the un-wanted item.
2.1 A RETURNS authorisation number can be obtained before Goods can be returned to the Company but this is not a requirement. The returns number may be obtained by emailing the Company. All repairs, replacements or refunds will be processed following receipt and inspection by our Returns department.
2.2 Where the Goods have been returned by the Customer as faulty or damaged in transit, they will either be tested upon receipt or returned to the manufacturer for testing, dependent upon the returns policy of the manufacturer. If no fault is found, the Goods will be returned to the Customer at the Customers expense.
2.3 In the case where it is established that Goods have been mistakenly or incorrectly supplied by the Company, the Company will be responsible for supplying the correct Goods as soon as possible and at no extra delivery cost to the Customer.
2.4 In the case where it is established that Goods are faulty or defective in line with the individual manufacturers warranty, most warranty repairs will be carried out free of charge on a return-to-Company basis. The Customer is responsible for ensuring that the Goods are returned to the Company in their original packaging ,or if this is not available, in a stout carton with cushioned packaging surrounding the entire product so as to ensure safe transit. The customer is also responsible for providing all reasonable information relatiing to the fault or defect that the supplier may request. In some instances the manufacturers warranty requires the Customer to contact the repair agent directly. If this is the case, the Customer will be so informed by the Companys customer service department.
2.5 In the case of Land Rover branded parts or parts supplier by Land Rover Ltd, inspection of goods deemed to be defective or faulty may take up to ONE YEAR. The final decision on a Land Rover warranty refund will always come from Land Rover Ltd. and MGBD Parts Ltd will not over-rule or pre-empt their decision with an earlier payment.
2.6 Where Goods have been delivered to an address outside the European Union or European Free Trade Area, the Company will not be liable for any carriage or shipping costs, whether this relates to the return of Goods or the sending out of replacements. This Clause applies irrespective of the reason for returning the Goods. However, the Company may choose to assist the Customer with carriage costs, at the Companys discretion.
2.7 The customer is obliged to act with reasonable care when returning goods and also to keep and provide proof of postage or delivery. We recommend using a reputable carrier and suitable return packaging to avoid any problems.
2.8 With respect to Service Exchange Returns, the customer is obliged to act with reasonable care when returning goods and also to keep and provide proof of postage or delivery. We will recommend using a reputable carrier or example UPS or DPD and the packaging must have clear markings of sender an where possible to include the service exchange label with the order number on to help identify the packagaes origin. Any part or parts found to be missing from the package on arrival at MGBD PARTS Ltd will be deemed to be the respossibility of the Consumer and therefore a suitable deduction will be made from the Service Exchange Deposit Refund.
2.9 With respect to Service Exchange Returns, deposit refunds will only be enacted once the return items have been examined, checked and found to be complete. Any discrepancies will be notified to the customer before refund is completed.
2.10 With respect to Service Exchange Returns, all shipping costs will be met by the Consumer. In the event of any excess charge be it delivery or Customs duty received by MGBD Parts upon the return of the goods, this will immediately be deducted from the deposit refund. In the case of Exchange goods sent in for refurbishment exchange, any excess charges be it shipping or customs duty to MGBD Parts, will be added to the invoice and final bill and will be met by the Consumer. In the case of Customs Duty payments incurred, MGBD Parts will initially add the charges to the Consumer' Invoice, however these may in part be recoverable and if so what ever is recovered will be reimbursed to the Consumer as and only when the recovery has occured.
3.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Companys obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Companys reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond the Companys reasonable control:
3.2.1 acts of God, explosion, flood, tempest, fire or accident;
3.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
3.2.3 Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;
3.2.4 import or export regulations or embargoes;
3.2.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
3.2.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
3.2.7 power failure or breakdown in machinery.
3.2.8 third party manufacturer or remanufacture delay, how ever caused.
5.1 The Customer undertakes to the Company that it will immediately indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the Customer of any terms of the Contract.
We use DHL/UKmail by default for the majority of our deliveries within the UK and also we offer an option to use Royal Mail for shipping very small parcels but this is at the customers own risk. Larger items maybe be shipped by various carriers including but not exclusive to DHL, DPD, Fed Ex, UPS or TNT. All items are dispatched via a method which will require a signature when delivered. The option of Royal Mail parcels is also carried out using First Class Signed For however MGBD Parts cannot guarantee delivery timeframe for Royal Mail deliveries.
Larger items will be dispatched via the most economic service available from DHL, UKmail, DPD, FED EX, UPS or TNT and again must be signed for. We reserve the right to alter the carrier to best suit delivery and cost constraints for you the customer, this may from time to time also mean specialist delivery agents for specific items and countries.
We offer combined shipping rates for multiple purchases, so please contact us if you are unsure about shipping in any way or if the costs seem excessive, because we are willing to examine delivery options to reduce costs. If an excessive shipping cost is applied and paid we will endeavour to refund major differences.
We will endeavour to dispatch by the end of next working day where possible and will where possible dispatch the same day however this is not guaranteed. MGBD Parts cannot be held responsible for any delay in delivery how so ever caused.
MGBD Parts cannot be held responsible for any loss due to the use of non-default shipping. In particular MGBD Parts cannot be held responsible for delivery delays or losses by Royal Mail services which have been selected by customers in preference to the default shipping methods. Royal Mail in particular specify in their T&C's that an item is not considered lost or missing until at least 10 working days from the due delivery date and this time frame doesn't include weekends or specified holidays therefore MGBD Parts cannot enter into any agreement to replace or refund any order until this time frame has passed.
All items will be shipped by a tracked method and/or require a legible signature of receipt. We will not be held responsible for any excess charge for incorrect addressing of orders. MGBD Parts will select the relevant shipping insurance deemed necessary as part of the shipping costs. MGBD Parts will not be held repossible for refund or replacement of any order which is deemed to be inadequately insured, if MGBD Parts have followed a specific shipping request.
MGBD PARTS will comply with all shipping regulations to all destinations by all shipping agents. Certain items are considered to be non-compliant through the various shipping agents and as such, they will not be allowed to be dispatched by MGBD Parts if they are deemed to be Non-compliant. The following examples of our range should be considered as non-compliant in certain cases:- GLASS (ie windscreens and side windows,) PAINT, Batteries, Solvents, car panels. This list is not definitive and may be subject to territorial variations. If we can not ship an item to you because of non-compliance of regulation, said items will be removed from your order.
All refurbished items have an estimated turn around time attached to them but this should not be treated as garranteed because there are many factors which can delay completion of delivery related to the refurbishment of parts.
We are williing to ship anywhere but all international customers should be advised to contact us for shipping rates, prior to placing an order if the system generates an excessive charge.
We reserve the right to apply an excess shipping charge to any order for which the incorrect shipping has been applied by the customer. Any orders with incorrect shipping payments will not be dispatched until the excess charge is paid in full, unless prior agreement has been made.
This Important Customer Information should be considered as part of MGBD Parts Terms and Conditions.
6.1 Terms and conditions for all repair and servicing work carried out by the Company are separate to the terms and conditions set out here and are made available to all. Please ask for a copy of TERMS AND CONDITIONS RELATING TO THE SERVICING AND REPAIR OF VEHICLES.