Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.multimac.com (our “Site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 12 BELOW DEALING WITH THE LIMITATIONS ON OUR LIABILITY TO YOU.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1 Information about us
1.1 www.multimac.com is a site operated by Automotive Macliver Limited (“we”). We are registered in England and Wales under company number 03265846 and with our registered office at The Stables, Elm House, Belle Walk, Moseley, Birmingham, B13 9DF. Our main trading address is The Stables, Elm House, Belle Walk, Moseley, Birmingham, B13 9DF. Our VAT number is 715 0662 55.
1.2 The Products are tested to and comply with the requirements of EU 44-04 (Child Restraint Systems) and are permitted for use in Europe. For the United States of America and Canada, the Products are undergoing testing to comply with the requirement of FMVSS 213 and we anticipate that the Products will shortly be approved for use in these countries.
2 Service Availability
We reserve the right to decline orders for Products from countries where the Products are not approved for sale or use.
3 Your status
By placing an order through our site, you warrant that:
3.1 You are legally capable of entering into binding contracts; and
3.2 You are at least 18 years old.
4 How the contract is formed between you and us
4.1 After placing an order, whether by phone or through this website or by email, you will receive an e-mail from us acknowledging that we have received your order. If you place an order by phone you will receive a letter acknowledging that we have received your order (both types of acknowledgment are referred to here as an “Order Acknowledgement”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is in stock and is ready to be or has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. Prior to sending any Dispatch Confirmation we will email you or send you a letter informing you of the expected delivery date, total cost and other relevant details (“Delivery Date Confirmation”). You will be asked to confirm by return of email or letter if you are happy to proceed on the basis of the details set out in the Delivery Date Confirmation. If you confirm in this manner we will secure your delivery date in return for payment of a deposit of 50% of the price of the Product by you.
4.2 The Contract will relate only to those Products whose dispatch details we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may not be available; such Products will not be included within the Dispatch Confirmation.
4.3 If prior to delivery you wish to change the colour or size of the Products you have ordered please contact us by e-mail or in writing. We will endeavour, subject to availability, to accommodate your request as long as there is no change to the price of the Products you have ordered.
5 Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any Products which require us to:
5.3.1 upholster seats in non-standard materials e.g. to match the interior of a particular vehicle; or
5.3.2 any other non-standard order requests which would require us to personalise or alter our standard Product in any way.
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6 Description of the products
6.1 The description of the Products you order will be as shown on this Site at the time you place your order.
6.2 The Products are subject to availability. If on receipt of your order the Products you have ordered are not available in stock, we will inform you as soon as possible of the likely delivery date in the Delivery Date Confirmation. If the delivery date is acceptable, to secure your order you will be required to pay a deposit. The amount of the deposit required to be paid by you will be 50% of the price of the Product and such an amount will be charged to your credit or debit card immediately on confirmation by you that you require this option.
7 Our product guarantee
7.1 Subject to clause 7.2 below our Products have a two year warranty from the manufacturer from the date of delivery that they are free from defects (“Warranty Period”).
7.2 This warranty does not apply to any defect in the Products arising from:
7.2.1 fair wear and tear;
7.2.2 wilful or accidental damage;
7.2.3 negligence by you or any third party;
7.2.4 use otherwise than as recommended by us;
7.2.5 failure to follow our instructions; or
7.2.6 any alteration or repair carried out without our approval.
7.3 If the Products supplied to you develop a defect while under warranty, or you have any complaint about the goods, you should notify us in writing at the address set out in clause 15.
7.4 Nothing in this clause or in these terms and conditions shall affect your statutory rights.
8 Availability and delivery
8.1 Delivery will be by standard carrier on a standard 3 day delivery service to the address nominated by you for delivery, unless specified otherwise in the Order Acknowledgement.
8.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days starting with the day after you placed the order with us, unless there are exceptional circumstances or where we have agreed otherwise between us. If the actual delivery date is after such a date, or 30 days, you will be given the option of a refund or recredit to you for any sums that have been paid by you or debited from your debit or credit card for the Products.
8.3 If within 7 days after placing your order you have not received an Order Acknowledgement from us or otherwise heard from us please do contact us on 0121 44 22 007 or email email@example.com.
8.4 The Products you order will be delivered to the address you give when you place you order.
8.5 If delivery cannot be made to your address, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery.
8.6 If there is no one at the address given who is competent to accept delivery of the Products, you will be notified of an alternative delivery date or a place to collect the Products.
9 Risk and title
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10 Price and payment
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT at the relevant United Kingdom (“UK”) rate for orders made within the UK but exclude delivery costs and charges for credit and/or debit card payments, which will be added to the total amount due as set out in our Delivery Guide. For orders received outside of the UK the VAT, (or any equivalent sales or value added tax), delivery costs and charges for credit or debit card payments will differ and you will be notified accordingly in our Dispatch Confirmation.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our Dispatch Confirmation procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products must be by credit or debit card. We accept payment with a number of credit and debit cards as listed on our Site through World Pay. If the Product:
10.6.1 is in stock and can be delivered to you within 30 days of your placing your order then we will charge your credit or debit card for the full amount when we receive your confirmation of the Delivery Date Confirmation, as set out in clause 4.1 above.
10.6.2 is out of stock, you will have the opportunity to pay a deposit to reserve your order, as set out in clause 4.1 and 6.2 above.
10.6.3 was previously out of stock but has since become available and you have paid a deposit, we will charge the balance left owing to us to your credit or debit card when we send to you our Dispatch Confirmation.
10.7 When we take the full amount for payment or a deposit from you, we will request your debit/credit card details for such payment. We will not store such details for longer than necessary to take payment for such sum. When we take the balance of the payment of the full amount, we will again request for debit/credit card details, in order to take such payment.
11 Our refunds policy
11.1 When you return a Product to us:
11.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product, not including the cost of sending the item to you. You will be responsible for the cost of returning the item to us. If you cancel an order before dispatch, we reserve the right to deduct an administration fee from your refund, which will not normally be in excess of 3% of the total cost of your order.
11.1.2 for any other reason (for instance, because you have notified us in accordance with paragraph 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund if you are entitled to a refund for the defective Product via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We may in the alternative supply you with a replacement Product.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12 Our liability
12.1 You are responsible for providing us with correct and complete information about the make, model and year of the vehicle into which the Products you order are to be fitted (“Information”). The Information provided by you will be used by us to match the appropriate sized Product to your vehicle. We will not accept any liability or responsibility for any of the Products supplied if the Information provided by you is incorrect or incomplete. If you suspect or are unsure whether you have supplied the correct and complete Information to us, please contact us on 0121 44 22 007 or email firstname.lastname@example.org.
12.2 Without prejudice to clause 7 above, we warrant to you that any Product purchased from us through our site is of satisfactory quality and, provided you have given us the correct and complete Information, is reasonably fit for all the purposes for which products of the kind are commonly supplied. You must however read and follow carefully any manuals or instructions we supply with the Products.
12.3 Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us through the Dispatch Confirmation. Subject to clause 12.1 and without prejudice to 12.2 above and clause 12.4 below, we shall not be liable for any losses you suffer to the extent caused by your failure to read and follow any manuals or instructions we supply with the Products.
12.4 This does not exclude or limit in any way our liability:
12.4.1 For death or personal injury caused by our negligence;
12.4.2 Under section 2(3) of the Consumer Protection Act 1987;
12.4.3 For fraud or fraudulent misrepresentation; or
12.4.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
12.5.1 loss of income or revenue
12.5.2 loss of business
12.5.3 loss of profits or contracts
12.5.4 loss of anticipated savings
12.5.5 loss of data
12.5.6 loss of data, or
12.5.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 12.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.2 or clause 12.3 or any other claims for direct financial loss that are not excluded by any of categories 12.5.1 to 12.5.7 inclusive of this clause 12.5.
13 Import duty
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes, sales taxes or other value added taxes (“Taxes”) which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and Taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. Save for orders placed with us over the telephone when communication from us will be mainly in writing, when using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Automotive Macliver Limited at The Stables, Elm House, Belle Walk, Moseley, Birmingham, B13 9DF. We may give notice to you at either the e-mail (email@example.com) or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.2.7 Any default, act or omission by our subcontractors, agents or consultants.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20 Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21 Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22 Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.