Terms and Conditions
Terms and Conditions of Trading of McKellars ironwork.
The definitions and rules of interpretation in this clause apply to this Agreement.
Bespoke: Goods that are made up to your specification this cannot be found on our website or subject to any Customisation at your request.
Sale Item: a product that is sold at a reduced price as a direct consequence of discontinued stock or ex-display pieces.
Domestic Purposes: any use at a residential home and not used in connection with the running of any business.
Good(s): any metal products including plant supports, planters, arches, seating, accessories that are advertised on our website
Product(s): this has the same meaning as Good(s).
Standard Range: any Goods/Products that are listed on our website - not bespoke.
UK Mainland: this is the island of Great Britain and excludes Northern Ireland and any British islands that are geographically separate from the island of Great Britain.
2.1 These Terms and Conditions of Trading (‘Agreement’) apply to all consumer contracts between McKellars ironwork and our subcontractors (‘us/we/our’) and the Customer (‘you/your’) in relation to all sales of goods and services.
2.2 Any order placed with us is not accepted until we have received full payment. Unless agreed otherwise by ourselves.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document issued by us will be subject to correction without any liability on our part.
3. Product Specifications
3.1 We have a policy of continuous Product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
3.2 Goods supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the Goods supplied will be of equivalent value, functionality and appearance. Any significant variations will be highlighted on the display model.
3.3 All products are hand finished by our in-house chemical process and accordingly they may not be uniform in colour or texture.
3.4 We will endeavour to match the colour of previous items purchased as accurately as possible, but variations in both the colour and texture may occur.
The measurements of all our products will be as accurate as possible, but are nevertheless approximate especially as they are handmade!
All prices include VAT, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
6.1 We require payment in full before despatch of Goods.
6.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.
7.1 For all purchases we will contact you to arrange a delivery date when the item has been made, if it is not already in stock.
7.2 We will deliver your Goods to any UK Mainland address. Delivery costs are applicable according to postcode. Delivery charges will vary, but will be indicated when you place your order.
7.3 If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the Goods or the value thereof.
7.4 Time of delivery is not of the essence in this Agreement. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of McKellars Ironwork or delay due to any reasonable re-scheduling of delivery.
7.5 In the event that you would like to have Goods delivered to a location outside of the UK Mainland we can deliver to any port on the UK Mainland if you arrange for the onward shipping. It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, a representative of the shipping company, a relative or an employee of yours). Liability for the Goods becomes yours when a Despatch Note is signed either by you or your agent. Please note that your right of return is modified as set out in clause 8.5.
8. Returns and Refunds
8.1 What if I change my mind? Under distance selling regulations if you have ordered from our standard range then, subject to clause 8.2, you have the right to cancel your order before and up to 7 working days (not a Saturday, Sunday or public holiday) after delivery. This does not affect your statutory rights. To do this contact us on 0845 600 6545. You will be required to send the goods back at your own cost.
8.2 Goods must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Goods. Once we have received the item/s back into stock we can give you a full refund.
8.3 Any order for Bespoke Goods may not be cancelled by you, either before or after delivery. We have no obligation to take back these Goods,
8.4 In the event that you order Goods and you arrange for the Goods to be shipped to a location outside of the UK Mainland clause 8.1 is modified to the extent as set out below. You still have the right to return the Goods but it is your responsibility to arrange for the Goods to be shipped back to the UK Mainland. We will collect the Goods from any address on the UK Mainland (maybe a relative’s house or a shipping and storage facility, unfortunately we cannot wait at a port to collect the Goods direct from any vessel).
8.5 If the goods are faulty we will refund you the full cost and arrange collection of the item.
8.6 There is no automatic right of return for any Sale Item purchased and they are sold as seen. Your statutory rights are not affected.
9.1 Finish on products may vary. All our finishes are applied in-house, using our unique hand finishing process, and thus, unlike manmade finishes, there can be slight variations between products. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Some items are more susceptible to this than others (depending on the composition of the galvanising bath at the time of dipping).
9.2 Whilst we guarantee to dip and finish your order in the same batch, we cannot guarantee that subsequent orders will match your original order.
9.3 We cannot accept any responsibility for fading or discolouration, over time. The products will weather differently outdoors and according to location. i.e items in costal areas will weather differently to items positioned in-land.
9.4 We cannot accept any responsibility for discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly.
9.5 We recommend that you wash you items down with soap and water annually, to prevent build up of a normal green residue.
10. Data Protection
McKellars ironwork is a registered data controller in accordance with the Data Protection Act 1998 (‘the Act’). We process your personal data in accordance with the Act.
11. Rights of Third Parties
For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
12. Applicable Law
These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of England and Wales
McKellars Ironwork is obliged by law to provide the following information:
The website McKellars Ironwork is operated and owned by McKellars Ironwork.
Our address and all communications can be addressed to us at : -
McKellars Ironwork, Tramway Forge, Eardisley, Hereford, HR3 6NS
Data Protection Act 1998 and Privacy
We understand that many people still worry about submitting personal details on the Internet – we do not operate a buy on-line facility so no debit and credit card numbers will be kept. Any information you provide here will remain safe and secure.
Protecting your privacy
In a few areas of our website we will ask you to provide personal details such as your name and email address. This will only happen when it enables us to provide a better service to you. For example: our contact form and on our brochure request forms.
We do not sell, trade or rent your information to others. You can be sure it will remain confidential and will be used only to help us build a better relationship with you.