Terms & Conditions for In Store

  1. These terms
  2. What these terms cover. These are the terms and conditions on which We supply Products to You.
    • Why you should read them. Please read these terms carefully before You submit Your Order to Us. These terms tell You who We are, how We will provide Products to You, how You and We may change or end the contract, what to do if there is a problem, and other important information. If You think that there is a mistake in these terms, please contact Us to discuss.
    • Definitions. In these terms and conditions, the following phrases have the following meanings.
      • “Business” means You if You are not a Consumer;
      • “Consumer” means You if You are an individual acting for purposes which are wholly or mainly outside Your trade, business, craft or profession;
      • “Order” means an order placed by You for any Product in our store;
      • “Product” means any item You have asked Us to supply to You;
      • “You/Your” means any Business or Consumer from whom an offer to purchase any Product is received.
  1. Information about us and how to contact us
    • Who We are and how to contact Us. We are M.A.Grigg Limited a company registered in England and Wales. Our company registration number is 01593065 and Our registered office is at Pendennis, Sticker, St Austell, Cornwall PL26 7JH. Our registered VAT number is 337284053. You can contact Us by telephoning Our customer service team at 0126 65656 or by writing to Us at Griggs Country Store, Pendennis, Sticker, St Austell, Cornwall, PL26 7JH.
    • How We may contact You. If We have to contact You We will do so by telephone or by writing to You at any email address or postal address You provided to Us when placing Your Order.
    • “Writing” includes emails. When We use the words “writing” or “written” in these terms, this includes emails.
  2. Our contract with you
    • How We will accept Your Order. Our acceptance of Your Order will take place when We tell You that We are able to provide You with the Product, at which point a contract will come into existence between You and Us.
    • If We cannot accept Your Order. If We are unable to accept Your Order, We will inform You of this and will not charge You for the Product. If You are a Consumer, this might be because the Product is out of stock, because a credit reference We have obtained for You does not meet Our minimum requirements, because We have identified an error in the price or description of the Product or because We are unable to meet a delivery deadline You have specified.
    • We only sell to the UK. Our website is solely for the promotion of Our products in the UK. We do not deliver to addresses outside the UK.
    • If you are a Business:
      • These Terms and any document expressly referred to in them constitute the entire agreement between You and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
      • You acknowledge that in entering into this contract You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them and You and We agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
      • You agree that any person purchasing the Products on Your behalf has authority to do so.
  1. Our products
    • The prices of the Products will be as indicated to You at the time You submit Your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 4.4 for what happens if We discover an error in the price of Product(s) You ordered. Prices for Our Products may change from time to time, but changes will not affect any order You have already placed.
    • The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of Your Order and the date of delivery, We will adjust the VAT You pay, unless You have already paid for the Products in full before the change in VAT takes effect.
    • The price of a Product does not include delivery charges. Our delivery charges are as advised to You during the check-out process, before You confirm Your Order.
    • We stock a large number of Products. It is always possible that, despite Our reasonable efforts, some of the Products may be incorrectly priced. If We discover an error in the price of the Products You have ordered We will contact You to inform You of this error and We will give You the option of continuing to purchase the Product at the correct price or cancelling Your Order. We will not process Your Order until We have Your instructions. If We are unable to contact You using the contact details You provided during the Order process, We will treat the Order as cancelled and notify You in writing. If We mistakenly accept and process Your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel supply of the Product and refund You any sums You have paid.
    • Unless We have expressly agreed deferred payment arrangements with You in writing, payment for the Products and all applicable delivery charges is in advance and You must pay for the Products before We dispatch them.
    • We can charge interest if You pay late. If We are unable to collect any payment from You by the due date We may charge interest to You on the overdue amount at the rate of 4% a year above the base lending rate of BarclaysBank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If You think an invoice is wrong please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved We will charge You interest on correctly invoiced sums from the original due date.
    • Products may vary slightly from their pictures. The images of the Products on Our website or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours or the printed pictures in Our website or brochure accurately reflects the colour of the Products. Your Product may vary slightly from those images. Product packaging may also vary from that shown in catalogue or images website.
    • Making sure your measurements are accurate. It is Your responsibility to make sure You order the right sizes.
  2. Your and our rights to make changes
    • If You wish to make a change to the Product You have ordered please contact Us. We will let You know if the change is possible. If it is possible We will let You know about any changes to the price of the Product, the timing for delivery or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change.
    • We may change the Product or these terms and conditions to reflect changes in relevant laws and regulatory requirements; or to implement minor technical adjustments and improvements, for example to address a security threat.
  3. Providing the products
    • When We will provide the Products. During the order process We will let You know when We will provide the Products to You. If the Product is a subscription to receive regular deliveries of a Product, We will also tell You during the order process when and how You can end the contract for these Products.
    • We are not responsible for delays outside Our control. If Our delivery of the Products is delayed by an event outside Our control then clause 13 will apply.
    • Collection by You. If You have asked to collect the Products from Our premises, You can collect the Products from Us at any time during Our working hours of 7.30am – 5.30pm on weekdays (excluding public holidays), Saturdays between 7.30am – 5.00pm and Sunday between 10.00am – 4.00pm unless We inform You otherwise.
    • Delivery
      • During the Order process We will let you know when We will deliver the Product to You. Occasionally Our delivery to You may be affected by an event outside Our control. See clause 6.2 for Our responsibilities when this happens.
      • If You do not comply with delivery or collection arrangements. If You do not collect the Products from Us as arranged or if, after a failed delivery to You, You do not re-arrange delivery or collect them from Us We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery or collection We may end the contract and clauses 8.8 and 2 and will apply.
      • When You become responsible for the Product. The Product will be Your responsibility from the time We deliver the Product to the address You gave Us or You or a carrier organised by You collect it from Us.
      • When You own the Products. You will not own the Products until We have received payment in full unless You are a Consumer and We have agreed that you may defer payment to us or We have otherwise agreed alternative arrangements with you.
      • What will happen if You do not give required information to Us. We may need certain information from You so that We can supply the Products to You. If so, this will have been stated in the description of the Products in Our brochure or on Our website or requested at the point of sale. If You do not give Us this information within a reasonable time of Us asking for it, or if You give Us incomplete or incorrect information, We may either end the contract (see clauses 8 and 1) or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by You not giving Us the information We need within a reasonable time of Us asking for it.
      • Reasons We may suspend the supply of Products to You. We may have to suspend the supply of a Product to deal with technical problems or make minor technical changes, update the Product to reflect changes in relevant laws and regulatory requirements, or make changes to the Product as requested by You or notified by Us to You (see clause 5.2)
      • Your rights if We suspend the supply of Products. We will contact You in advance to tell You We will be suspending supply of the Product, unless the problem is urgent or an emergency. If We have to suspend the Product We will adjust the price so that You do not pay for Products while they are suspended. You may contact Us to end the contract for a Product if We suspend it, or tell You We are going to suspend it, in each case for a period of more than 14 days and We will refund any sums You have paid in advance for the Product in respect of the period after You end the contract.
      • We may also suspend supply of the Products if You do not pay. If You do not pay Us for the Products when You are supposed to (see clause 4.5) and You still do not make payment within 14 days of Us reminding You that payment is due, We may suspend supply of the Products until You have paid Us the outstanding amounts. We will contact You to tell You We are suspending supply of the Products. We will not suspend the Products where You dispute the unpaid invoice (see clause 4.7). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products We can also charge You interest on Your overdue payments (see clause 4.6).
      • If We have suspended supply of the Product and if You do not wish to cancel Your order straight away You can give Us a new deadline for delivery, which must be reasonable, and You can cancel your Order if We do not meet the new deadline.
      • If You do choose to cancel Your Order for late delivery You can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to You, You will have to return them to Us in person to were You bought them or allow Us to collect them unless We agree otherwise. After You cancel Your Order We will refund any sums You have paid to Us for the cancelled Products and their delivery.
  1. Your rights to end the contract if you are a Consumer
    • You can always end the contract for supply of a Product before it has been delivered and paid for. You may contact Us to end Your contract for a Product at any time before We have delivered it and You have paid for it, but in some circumstances We may charge You for doing this, as described below. Of course, You always have rights where a Product is faulty or mis-described (see clause 10, “If there is a problem with the Products”).
    • What happens if You have good reason for ending the contract. If You are ending the contract for a reason set out at 7.2.1-7.2.5 below the contract will end immediately and We will refund You in full for any Products which have not been provided or have not been provided properly and You may also be entitled to further compensation. The reasons are:
      • We have told You about an upcoming change to the Product or these terms which You do not agree to (see clause 5.2);
      • We have told You about an error in the price or description of the Product You have ordered and You do not wish to proceed;
      • there is a risk that supply of the Products may be significantly delayed because of events outside Our control;
      • We have suspended supply of the Product for technical reasons, or We notify you that We are going to suspend them for technical reasons; or
      • You have a legal right to end the contract because of something We have done wrong.
    • What happens if You end the contract without a good reason. If You are not ending the contract for one of the reasons set out in clause 2, then the contract will end immediately and We will refund any sums paid by You for Products not provided but We may deduct from that refund (or, if You have not made an advance payment, charge You) reasonable compensation for the net costs We will incur as a result of Your ending the contract.
    • Returning products after ending the contract. If You end the contract after Products have been dispatched to You and (because We cannot recall them) they are delivered to You, You must return them to Us. If You are ending the contract because We have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside Our control or because You are exercising Your legal rights to end the contract because of something We have done wrong, then, unless We agree otherwise, You must either return them in person to where You bought them, or (if We have delivered them to You) allow Us to collect them from You. We will pay the costs of collection.
  2. Our RIGHTS TO END THE CONTRACT IF YOU ARE A BUSINESS
    • Without limiting Our other rights or remedies, We may terminate this contract with immediate effect by giving written notice to You if:
      • You commit a material breach of any term of the contract and (if such a breach is remediable) fail to remedy that breach within 30 days of being notified in writing to do so;
      • You take any step or action in connection with Your entering administration, bankruptcy, provisional liquidation or any composition or arrangement with Your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction or You suspend, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of Your business; or
      • Your financial position deteriorates to such an extent that in Our opinion Your capability to adequately fulfil Your obligations under the contract has been placed in jeopardy.
    • Without limiting Our other rights or remedies, We may suspend provision of the Products under the contract or any other contract between Us and You if You becomes subject to any of the events listed in clause 8.1.1 to clause 8.1.3, or We reasonably believe that You are about to become subject to any of them, or if You fail to pay any amount due under this contract on the due date for payment.
    • Without limiting Our other rights or remedies, We may terminate the contract with immediate effect by giving written notice to You if You fail to pay any amount due under the contract on the due date for payment.
    • On termination of the contract for any reason You shall immediately pay to Us all of Our outstanding unpaid invoices and interest.
    • Termination of the contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this contract that existed at or before the date of termination.
    • Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
    • We may end the contract by giving You at least 1 calendar month’s notice and We will refund any sums You have paid in advance for Products which will not be provided.
    • You must indemnify Us if You break the contract. If We end the contract in the situations set out in clause 8.1 We will refund any money You have paid in advance for Products We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of Your breaking the contract.
  3. Our rights to end the contract if you are a consumer
    • We may end the contract if You break it. We may end the contract for a Product at any time by writing to You if:
      • You do not make any payment to Us or We are unable to collect payment from You when it is due and You still do not make payment within 30 days of Us reminding You that payment is due;
      • You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Products; or
      • You do not, within a reasonable time, allow Us to deliver the Products to You or collect them from Us;
    • You must compensate us if you break the contract. If We end the contract in the situations set out in clause 1 We will refund any money You have paid in advance for Products We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of Your breaking the contract.
    • We may withdraw the Product. We may write to You to let You know that We are going to stop providing the Product. We will let You know at least one calendar month in advance of Our stopping the supply of the Product and will refund any sums You have paid in advance for Products which will not be provided.
  4. If there is a problem with the product and you are a consumer
    • How to tell us about problems. If you have any questions or complaints about the Product, please contact Us using the contact details set out in 2.1 above.
    • Your legal rights if you are a Consumer. We are under a legal duty to supply Products that are in conformity with this contract. You also have other legal rights as a Consumer. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
    • Your obligation to return rejected Products. If you are a Consumer and wish to exercise Your legal rights to reject Products then, unless We agree otherwise, You must either return them in person to where You bought them, or (if We have delivered them to You) allow Us to collect them from You. We will pay the costs of collection.
    • Your right to change Your mind. We offer the following guarantee which is in addition to any legal rights You have as a Consumer (as described in clause 2) and does not affect them. If You change Your mind about a Product either before it is delivered or within 30 days of receiving it, please contact Us to arrange for a full refund. If you have received the unwanted Product You must return it to Us at your own expense. This guarantee is only offered to customers resident in the UK. You do not have a right to change Your mind in respect of: perishable goods; products sealed for health protection or hygiene purposes, once these have been unsealed after You receive them; any Products which become mixed inseparably with other items after their delivery; and any pharmaceutical or medicinal products for animals.
    • Transferring our guarantee. You may transfer Our guarantee at clause 4 to a person who has acquired the Product from You. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
  5. Our responsibility for loss or damage suffered by you if you are a consumer
    • We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but, except as set out in clause 2 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
    • We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the goods including the right to receive goods which are: as described and match information We provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to Us;; and for defective products under the Consumer Protection Act 1987.
    • We are not liable for business losses. We only supply the Products for domestic and private use. If You use the Products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A business
    • We only supply the Products for internal use by Your business, and You agree not to use the Product for any resale purposes.
    • Nothing in these Terms limits or excludes Our liability for death or personal injury caused by Our negligence; fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
    • Subject to clause 13.2, We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
      • any loss of profits, sales, business, or revenue;
      • loss or corruption of data, information or software;
      • loss of business opportunity;
      • loss of anticipated savings;
      • loss of goodwill; or
      • any indirect or consequential loss.
    • Subject to clause 12.2, Our total liability to You in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
    • Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for Your purposes.
  7. EVENTS OUTSIDE OUR CONTROL
    • 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 2.
    • An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

  • If an Event Outside Our Control takes place that affects the performance of our obligations under the contract:
    • We will contact You as soon as reasonably possible to notify You; and
    • Our obligations under the contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
  • If You are a Consumer, You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to return (at our cost) any relevant Products you have already received and We will refund the price you have paid, including any delivery charges.
  1. How we may use your personal information
    • How we will use Your personal information. We will use the personal information You provide to Us to supply the Products to You; to process Your payment for the Products; and if You agreed to this during the order process, to inform You about similar Products that We provide, but You may stop receiving these communications at any time by contacting Us.
    • We may pass Your personal information to credit reference agencies. Where We extend credit to You for the products We may pass Your personal information to credit reference agencies and they may keep a record of any search that they do.
    • We will only give Your personal information to other third parties where the law either requires or allows Us to do so.
  2. Other important terms
    • We may transfer this agreement to someone else. We may transfer Our rights and obligations under these terms to another organisation. If you are a Consumer, We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.
    • You need Our consent to transfer Your rights to someone else (except that you can always transfer our guarantee). You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing. If You are a Business, We may withhold Our agreement for any reason We deem appropriate. If You are a Consumer, We may not agree if We believe it may damage Our business or make it impossible to carry out Our obligations under these terms. However, You do not need Our agreement to transfer the benefit of Our guarantee in clause 4 (see clause 10.5).
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between You and Us. No other person shall have any rights to enforce any of its terms, except as explained in clause 4 in respect of Our guarantee. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Products, We can still require You to make the payment at a later date.
    • Which laws apply to this contract and where You may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If You are a Consumer and You live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If You are a Consumer and You live in Northern Ireland You can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.