We know it might seem like a lot of information, but it's important, so please make sure that you read and understand these conditions before you agree to them.
1. Definitions and Interpretation
1.1 In these Conditions:
Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions - means the standard terms and conditions of sale set out below, including the Returns Policy and any special terms and conditions confirmed in writing by us;
Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
Returns Policy – means the standard terms and conditions found here www.mandmdirect.ie/Returns.htm applicable when Goods are returned to us by you and which are hereby incorporated to these Conditions.
we - means M and M Direct Limited, and “us” and “our” shall be construed accordingly;
you - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.
1.5 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
2. Basis of sale
2.1 These Conditions (as updated by us from time to time) shall set out the entire agreement. No variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. You will be subject to the policies and terms in place at the time you order the Goods from us, unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all purchases you make from us at any time, regardless of how the order is made.
2.2 Our employees and agents are not authorised to make any representation concerning the Goods unless confirmed by us to you in writing. In entering into a Contract you acknowledge that you have not relied on any such representations which are not so confirmed.
2.3 Where Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to cancel any other instalment.
2.4 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only.
2.5 We reserve the right to withdraw any offer or special promotions without notice. In the event that you have already placed an order under the Conditions that we have accepted we will provide you with a full refund for any money received.
3. Orders and specifications
3.1 Your order represents an offer to purchase the Goods which is accepted by us when we issue you with written acceptance of the order. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. By placing an order you warrant that you are at least 16 years old. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We reserve the right to refuse to accept an order.
3.2 If we reasonably believe you are intending to resell the Goods (whether on e-Bay or otherwise) we reserve the right to refuse your order. In the event we do accept your order we will be entitled to treat you as a commercial customer and:-
3.2.1 the rights afforded in clause 10 (Your Right to Cancel) will not apply;
3.2.2 the terms of our Returns Policy’ will be withdrawn;
3.2.3 we will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt;
3.2.4 we will charge a reasonable handling fee, which shall exclude packaging and/or delivery costs for which you shall be liable and which will be confirmed prior to your order being accepted; and
3.2.5 make such other amendments to these Conditions as we deem necessary and only accept an order upon acceptance of the same.
3.3 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you or, if the goods are ordered by mobile telephone, as a result of network failure.
3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, (1) the terms of Clause 10 (Your Right to Cancel) shall not apply; (2) you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification; (3) We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.
4. Price of the goods
4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2 While we try to ensure that all prices in our catalogues and on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party), we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
4.3 In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes and where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable.
4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate form time to time in force). Any packaging or delivery costs for which you shall be liable will be confirmed prior to your order being placed.
5. Terms of payment
5.1 Please see our Payment Options for our terms of payment.
5.2 If you fail to make any payment on the due date then we reserve the right to: (a) cancel the Contract or suspend further deliveries to you; (b) charge you a reasonable amount of interest on the amount unpaid, at the rate of 3% above Barclays Bank Plc base rate from time to time from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.
5.3 In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company “Transax” or “Certegy Ltd”) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
5.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, M and M Direct Limited will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from the catalogue or our website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Acts 1988 and 2003.
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 We reserve the right to deliver your first order of Goods to the cardholder’s registered address, regardless of any alternative address that you may provide to us. Thereafter, we may attempt to deliver Goods to any such alternative address, but this will be at our discretion and we shall not be responsible to you provided we deliver the Goods to either the cardholder’s registered address or any alternative address. In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 90 days’ or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault than we may in our discretion refund the sum paid to us by you and cancel the Contract.
6.5 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
6.7 You will be liable for all customs requirements and duties arising for delivery of Goods outside the Republic of Ireland or the UK. We accept no responsibility for these requirements and duties. Any such charges must be borne by you and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. We shall not be liable for delayed delivery times due to packages being inspected by customs. You agree that if we incur any liability due to your failure to comply with custom requirements and duties by you that you shall reimburse us for against all loss, damages, costs and expenses awarded against or incurred by us in connection with such claim.
7. Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods.
7.2 Notwithstanding delivery and the passing of risk for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3 Until such time as the as the property in the Goods passes to you and where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.
8. Warranties and liability
8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and the EU Unfair Contract Terms Regulations), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Protection Act 2007) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from the National Consumer Agency.
8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
8.4 In the unlikely event that the Goods do not conform to these Conditions, please let us know as soon as possible after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will either:
(a) provide you with a full or partial refund;
(b) replace the Goods; or
(c) repair the Goods.
8.5 Subject to clause 8.6 and clause 8.7, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.
8.6 Subject to clause 8.7, neither of us shall be responsible for losses that result from our failure to comply with these Conditions which fall into the categories of loss of income or revenue, loss of profit, loss of business, loss of anticipated savings, loss of data, any waste of time. However, this clause 8.6 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.7 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 26 of the Sale of Goods and Supply of Services Act 1980 and defective products under the The Liability for Defective Products Act 1991 or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control.
9.2 These Conditions do not purport to confer a benefit on any third party.
9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
9.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
9.5 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
9.6 The Contract and these Conditions shall be governed by the laws of the Republic of Ireland, and you agree to submit to the exclusive jurisdiction of the Irish courts.
9.7 We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
9.8 The copyright in all photographs, images and descriptions contained in our catalogue and on our website are owned by M and M Direct Limited, and may not be reproduced without the express consent of M and M Direct Limited.
9.9 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.
9.10 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
9.11 All our Suppliers hereby warrant and undertake that they shall throughout the term of the agreement comply with M and M Direct's policy on slavery and human trafficking, as updated and amended from time to time.
10. Your right to cancel
10.1 You have the right to cancel an order within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good within the relevant order.
10.2 To exercise the right to cancel, you must inform us by post to MandM Direct, Customer Services Department, Clinton Road, Leominster, Herefordshire, HR6 0SP. by email (to firstname.lastname@example.org or by phone on (+44 (0) 871 200 5000* - UK Telephone number) of your decision to cancel your order by a clear statement. You may use the below model cancellation form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
10.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.4 Please note that the right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
Model cancellation order form
To M and M Direct Limited:
Address: Customer Services Department, Clinton Road, Leominster, Herefordshire, HR6 0SP
Email address: email@example.com
I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on / received on (delete as appropriate):
11. Effects of cancellation
11.1 If you cancel any order, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We 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 you (for example wear and tear or damage). You are 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.
11.2 We will make the reimbursement without undue delay, and not later than
(a) 14 days after the day we receive back from you any Goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
11.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
11.4 You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the relevant order to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
11.5 You will have to bear the direct cost of returning the Goods.
12. Promotional codes
12.1 We may make available to you promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.
12.2 Promotional codes are not valid in conjunction with any other offer.
12.3 There is no cash alternative available in respect of the promotional code.
12.4 We may withdraw the promotional codes at any time without notice.
12.5 Promotional codes are only available on Republic of Ireland mainland orders.
12.6 Promotional codes cannot be used against postage and packaging costs.
12.7 Promotion codes cannot be used after the expiration date.
12.8 Promotional codes will only be accepted if submitted at the point of order. We will not subsequently apply a promotional code if the order is submitted without the promotional codes application. Please check your order thoroughly before placing to avoid disappointment.
12.9 The promotional code will be applied proportionally to the Goods. Any returns or refunds on Goods purchased with the benefit of the promotional code will be on the proportional price as indicated in the sales invoice.
12.10 Spend and Save - simply choose your offer and enter the code in to the promotion code box at the checkout, making sure your basket total reaches or exceeds the value threshold of the offer you have chosen before any delivery charge is added. Depending on the offer code entered and your basket value you'll receive free delivery or €10 or €20 off your order plus free delivery.
13.1 We may in our sole discretion offer competitions to you at such times and in such manners as we deem appropriate.
13.2 All prizes offered are non-transferable and cannot be substituted for a cash alternative.
13.3 There will be one entry per person, per residential address only unless otherwise stated. We may in our discretion deem duplicate entries void.
13.4 There will be only one winner per competition, drawn at random after the closing date unless otherwise stated.
13.5 Our decision as to the winner of the competition is final and no correspondence shall be entered into.
13.6 Winners will be notified by email.
13.7 Prizes will be delivered to your nominated address at our expense. You shall inform us of all information necessary to ensure that the prize is delivered as soon as reasonably practicably.
13.8 Competitions are open to Republic of Ireland residents only
13.9 Employees, families and friends of M and M Direct Limited are not allowed entry.
13.10 Please read the terms and conditions of any competition carefully before taking part in the same.
14. Introduce a friend
14.1 We in our sole discretion operate an offer whereby you and your friend will be entered into a draw for the chance to earn an incentive if you introduce a friend who proceeds to signing up to our emails.
14.2 We reserve the right to substitute or amend the offer at any time. Any unused offers must be used by the expiry date.
14.3 We reserve the right to cease the Introduce a Friend promotion at any time, should we choose to do this then we will honour all outstanding referred friend vouchers up to and including the date of termination.
14.4 You are responsible for ensuring you obtain your friends’ permission prior to you referring them as a friend. We will not accept any responsibility for an individual complaint in this regard following you submitting your friends’ details to us.
14.5 The €250 will be rewarded as a credit over a maximum of three orders, each with free delivery included, up to the value of €250. If the value of you order exceeds that of your remaining credit, an offer code will be issued to the value of your remaining credit plus free delivery to use against your order. If you wish to return any of the items you have ordered with your credit, you can only return them for an exchange and not a refund. There is no cash alternative for the €250 credit and it is not transferable.
14.6 You will not receive any benefit of the scheme if your friend is already a customer of us.
14.7 The winners of the offer will be drawn, at random, every Monday based on details entered between midnight on the previous 2 Sundays.
14.8 Valid referrer and friend entrants will be entered and drawn separately, therefore, linked friends and referrers will not necessarily be drawn together.
14.9 Winners of the competition are required, upon request, to send in a picture of what they have purchased with their prize.
15.1 Multibuy promotions may be offered by us in our sole discretion. This offer entitles you to buy one get one free, or get the lowest priced item stated in the promotion free or the reduced price when you buy at least the minimum number of qualifying items in a single transaction. We reserve the right to amend or withdraw the promotion at any point without notice.
15.2 Multibuy promotions will not be available on permanently reduced items, sale items or brand concession items.
15.3 We reserve the right to withdraw or amend the promotion at any time.
15.4 No cash alternative will be given.
15.5 If you require an exchange or refund of the Goods then all qualifying items must be returned. The free or discounted item cannot be refunded for money or credit.
16. My account
16.1 We reserve the right to reformat any address details created by you for the purposes of efficient delivery management and where we reasonably believe the address entered would cause a delay in the delivery of your order.
16.2 It is your responsibility to keep safe your email address and password details, any orders placed using your stored card details (whether by you or if compromised) will be treated as authorised by you and will be processed accordingly.
16.3 We reserve the right to suspend your account with immediate effect should we reasonably believe that you have breached our Terms and Conditions of sale and we shall be under no duty or obligation to justify or provide a reason for our decision.
17. Customer services
17.1 In the unlikely event of an error with your parcel, you must notify us with 48 hours of receipt of the parcel. If there is an error with your parcel or its contents, we will send you a letter for you to sign and return to confirm the error with your parcel or its contents, once this is received we will investigate the issue and resolve.
17.2 You must notify us within 14 days of placing your order if you have not received your parcel.
M and M Direct Limited is a company registered in the Republic of Ireland.
VAT No. 3220591JH
Registered No. 533481
18. In General
18.1 M and M Direct Ltd (“mandmdirect.com”) owns and operate this Website. This document governs your relationship with mandmdirect.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
18.2 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
20.1 You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; scrape, copy or clone any information, images or associated data for the purposes of analysis and/or commercial gain. Breaching this provision would constitute a criminal offense and M and M Direct Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
20.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
21. Intellectual Property, Software and Content
21.1 The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property M and M Direct Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by mandmdirect.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
22. Linking to this Website
22.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
22.2 Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with mandmdirect.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to M and M Direct Ltd.
23.1 M and M Direct Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
24.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
25.1 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.