TERMS OF SERVICE

Article 1 - Definitions

The following definitions apply in these Terms and Conditions:

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the trader;
  • Day: calendar day;
  • Enduring transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase being spread over time;
  • Durable medium:  any medium enabling the consumer or the trader to store information addressed personally to him in a way accessible for future reference and unaltered reproduction of the stored information;
  • Right to withdraw: the possibility for the consumer to renounce the distance contract within the reflection period; 
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, until the conclusion of the contract, one or more distance communication techniques are used exclusively;
  • Means of distance communication: methods which can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Email support: info@madisonmanchester.com

Article 3 - Applicability

These general terms and conditions apply to all offers, orders, and distance contracts concluded between Madison Manchester and consumers located in the United Kingdom.

Before a distance contract is concluded, the text of these terms shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed how the terms can be consulted and provided free of charge upon request.

Where product- or service-specific conditions apply, those terms shall prevail if they are more favourable to the consumer.

If any provision of these terms is found to be wholly or partially invalid or unenforceable, the remaining provisions shall continue to be binding. Situations not covered by these terms shall be interpreted in the spirit of these terms.

Article 4 - The Offer

If an offer has a limited validity or conditions, it will be stated clearly. Offers are non-binding. We reserve the right to change or withdraw offers. Product descriptions aim to be accurate and complete. Obvious errors do not bind Madison Manchester. Product colours may vary slightly depending on your screen.

Each offer clearly indicates:

  • the price (excluding import VAT and customs clearance charges);

  • delivery costs;

  • how the contract is concluded;

  • whether the right to cancel applies;

  • payment and delivery terms;

  • the duration of the offer;

  • the process for checking and correcting input before placing the order;

  • the available languages;

  • product specifications (size, colour, materials, etc.).

Important: All shipments originate from outside the UK. Customers are responsible for paying any applicable import VAT or customs duties. These are not included in the checkout price and are collected by the courier.

Article 5 - The Contract

The contract is concluded when the consumer accepts the offer and meets its conditions. If the order is placed electronically, confirmation will be sent by email.

Madison Manchester will take appropriate measures to secure electronic transactions.

We may investigate a consumer's ability to fulfil payment obligations and may decline or conditionally accept orders based on reasonable grounds.

Upon fulfilment, the consumer will receive:

  • our contact details;

  • clear instructions on how to exercise the right to cancel;

  • information on warranties and after-sales service;

  • terms for terminating the contract (if applicable).

Contracts are subject to product availability.

Article 6 - Cancellation Policy

You may cancel your order within 6 hours of placing it. After this time, orders are automatically processed and cannot be changed.

Cancellation requests must be submitted by email. By placing an order, you accept this cancellation policy.

Article 7 - Right to Withdrawal

When purchasing products, the consumer has the opportunity to dissolve the contract without giving reasons for a period of 14 days. This reflection period begins on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer shall treat the product and its packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all the accessories provided and—if reasonably possible—in the original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise the right of withdrawal, he shall notify the entrepreneur of this within 14 days of receiving the product. The consumer must communicate this by written message/email. After declaring that he/she wishes to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g., by means of a proof of posting.
If the consumer has not expressed a willingness to make use of the right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 8 - Return Costs

If the consumer makes use of the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund it as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of full return can be presented.

Article 9 - Exclusion of Right to Cancel

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:

  • that have been created by the trader according to the consumer's specifications;
  • that are clearly of a personal nature;
  • that cannot be returned due to their nature;
  • that deteriorate or age rapidly;
  • whose price is subject to fluctuations on the financial market that are beyond the entrepreneur's control;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygiene products whose seal has been broken by the consumer. Exclusion of the right of withdrawal is only possible for services:
  • that concern accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
  • whose delivery has begun with the consumer's express consent before the end of the withdrawal period;
  • concerning bets and lotteries.

Article 10 - Price

During the period of validity indicated in the offer, the prices of the products and/or services offered will not increase, with the exception of price changes due to changes in VAT rates.
Contrary to the preceding paragraph, the Entrepreneur may offer products or services whose prices are subject to financial market fluctuations that are beyond his control. This connection to fluctuations and the fact that the prices indicated are indicative prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if:

  • they are the result of statutory rules or provisions; or
  • the consumer is entitled to withdraw from the contract on the day the price increase takes effect. Pursuant to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In the present case, the delivery takes place outside the EU. Consequently, the postal or courier service collects the import VAT or customs clearance fees from the customer. Consequently, no VAT will be charged by the contractor.
    All prices are subject to printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product based on the incorrect price.

We do not make use of the IOSS scheme. This means that import duties and VAT (if applicable) are collected by the carrier upon delivery to the customer. These charges are not included in our prices and are the responsibility of the customer.

We act solely as an intermediary between the customer and our international fulfilment partners. All shipments originate outside the EU, and we are not the importer of record.

Article 11 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements for reliability and/or usability and with the statutory provisions and/or government regulations in force on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
The guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.
The contractor's guarantee period corresponds to the factory's guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

  • the consumer has personally repaired and/or modified the delivered products or has had them repaired and/or modified by a third party;
  • the delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur's instructions and/or packaging;
  • the defect is wholly or partially the result of standards that the government has established or will establish concerning the nature or quality of the materials used.

Article 12 - Delivery

The contractor undertakes to take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
In accordance with Article 4 of these general terms and conditions, the company will execute accepted orders promptly and in any case within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after the order has been sent. In this case, the consumer has the right to dissolve the contract without charge and the right to any damages.
In the event of dissolution in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.
If delivery of an ordered product is impossible, the entrepreneur shall undertake to provide a replacement item. At the latest at the time of delivery, it shall be clearly and comprehensibly indicated that a substitute article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of the products is borne by the entrepreneur until delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 13 - Duration and Termination

Withdrawal
The consumer may withdraw at any time from an open-ended contract concluded for the regular delivery of products (including electricity) or services, subject to the agreed rules on withdrawal and a maximum notice period of one month.
The consumer may withdraw from a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to the agreed rules of withdrawal and a notice period not exceeding one month.
The consumer may withdraw from the contracts referred to in the preceding paragraphs:

  • withdraw at any time and not merely withdraw at a specific time or within a specific period;
  • rescind in at least the same manner as when he concluded them;
  • always terminate with the same period of notice as the contractor has stipulated for itself.

Extension
A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months if the consumer may terminate the renewed contract towards the end of the renewal period by giving not more than one month's notice.
A fixed-term contract concluded for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months where the contract concerns the regular, but less than monthly, supply of newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers on an introductory basis (trial or introductory subscription) is not tacitly continued and terminates automatically at the end of the trial or introductory period.

Duration
If a contract lasts for more than one year, after one year the consumer may terminate the contract at any time with a maximum of one month's notice, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 14 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the beginning of the cooling-off period referred to in Article 7(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately notify the entrepreneur of inaccuracies in the payment data provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.

Article 15 - Complaints

Complaints regarding the implementation of the contract must be submitted to the entrepreneur within 7 days in a complete and clearly described manner, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If the complaint is deemed valid by the entrepreneur, the latter will, at its discretion, replace or repair the delivered products free of charge.

Article 16 - Governing Law

These terms are governed by the laws of England and Wales. This does not affect your statutory rights as a consumer.


For questions, contact: info@madisonmanchester.com