Terms and Conditions
R.Massey & Son Ltd is committed to bringing you the highest quality of DIY, Home and Gardening equipment at our best possible price.
The directors of the company have over 70 year’s history in retail DIY between them. As a result, they have been able to select the products that they have found to be of the highest standards at their relevant price points.
Name & Registered Office: R. Massey & Son Ltd, 129 Swadlincote Road, Woodville, Swadlincote, Derbyshire, DE11 8DA
Company No. 00436340
VAT Number. 125 2874 71
Tel: 01283 217133
Opening Times – Monday to Friday 8:00am to 5:30pm, Saturday 8:30am to 5:00pm and Sunday 10:00am to 4:00pm
Goods Return Address: R. Massey & Son Ltd, 129 Swadlincote Road, Woodville, Swadlincote, Derbyshire, DE11 8DA
These terms and conditions govern the supply of goods sold by R. Massey & Son Ltd (No. 00436340) of 129 Swadlincote Road, Woodville, Derbyshire (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.
Purchasers are required accept our full terms and conditions.
All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable):
- Delivering the goods to you; or
- Providing the goods, you have purchased to you in store, at which point a legally binding contract is constituted between us.
The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
Delivery, Title and Goods Collection Point
All orders placed by you and purchases of goods by you from us are subject to acceptance by us. We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
Items can be collected from our store – 129 Swadlincote Road, Woodville, Swadlincote, Derbyshire, DE11 8DA.
Larger items can be delivered by our own delivery trucks. If the items delivered are damaged or items are missing you should either refuse the delivery completely or sign for the parcels as being “DAMAGED”. We will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery. Delivery charges are dependent on distance from store and price of goods.
Price and Payment
The price payable for the goods you order or purchase is as set out in store and on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices are displayed with and without the current applicable VAT rate.
Occasionally, we advertise goods at a promotional price; if applicable, you must quote the relevant promotion code, otherwise you may be charged the full price
Occasionally an error may occur and goods may be incorrectly priced, in which case we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility
If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you or attributed to your Trade Account and we are not bound by any individual order limit you may impose on your employees
Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.
For reasons of health and safety and to avoid any property damage, items dispatched via a pallet delivery and larger items delivered by our trucks can only be delivered to the exterior of a ground floor location at the delivery address and on to hard standing. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services
Without prejudice, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.
All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available.
The consumer has the right to cancel the contract and return their product within 7 working days from the receipt of the original order without giving a reason, subject to the product being in a resalable condition. This means the product is not damaged, has not be used in any way and that the product is complete with the original pristine condition packaging.
If the product does not match the resalable criteria, then you will be responsible for a 50% re-packaging / repair charge.
There is no statutory cancellation right if goods are perishable, have been personalised, or manufactured to the customer’s specification.
Returning Faulty Goods Policy
If the product fails during the specified manufacturer’s warranty period, the item will either be repaired, exchanged or refunded as appropriate in accordance with your legal rights.
If the item was collected from our store then the item is to be returned to store along with the proof of purchase. If the item was delivered by our own trucks, then we will collect the item from you at a convenient time for both you and us along with the proof of purchase.
If a machine develops a fault within the manufacturer’s warranty period, we may refer you to your local dealer for that manufacturer where the product will be examined by their qualified technicians and repaired as per the manufacturer’s warranty policy. This does not affect your statutory rights as a consumer.
- Massey & Son Ltd will not be liable for any additional costs incurred whilst goods are away for warranty repairs or repairs – this includes rental or hire charges from a third party. If a product is faulty, R. Massey & Son Ltd must be notified of the fault along with Proof of Purchase and the product serial number.
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods (including non-delivery, liquid spillage, late delivery, short delivery or damaged products) and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Please make sure all liquids are secured before you travel.
Items purchased as “Used” or “Second Hand” do not have any warranty and are sold as seen.
You may return items to us for exchange or refund, by giving us notice of return, within 28 days of purchase and the items must be unwashed, unworn, in the original packaging and in a re-saleable as new condition.
All relevant refunds will be made in store when items are retuned with relevant proof of purchase.
A refund will be made back to the credit or debit card that you used to purchase the items. A refund cannot be given to a different credit or debit card.
Your right of return or exchange does not apply to goods that are special orders, mixed to your requirements, made to measure, made to your specifications or clearly personalised. Your right of return does not apply to goods which are not suitable for return due to health protection or hygiene reasons, if you have opened the product packaging after delivery or collection.
We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned, where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
Purchasing Powered Machines and Hand Cutting Tools (Knives, Axes) etc
All purchasers are required to be 18 or over and have printed out and read in full and accepted our full terms, conditions and disclaimer before products are dispatched.
Before using garden tools, powered machines, power tools, and forestry equipment etc please read in full the manufacturer’s manual.
Whilst using garden tools, powered machines, power tools, and forestry equipment etc, you must be wearing the correct safety equipment AT ALL TIMES as stated by the manufacturer’s manual. Some protective clothing/equipment is available to purchase in-store. Follow manufacturers recommended safety tips. Keep your tools and equipment well maintained and serviced regularly. Petrol powered products must be used outdoors.
Anyone who uses a chainsaw should have received adequate training in safe use; wear suitable protective equipment and ensure they have taken all reasonable practical steps so that no one is put at risk by their work.
With regards to gas products, please ensure you check for leaks as per the manufacturer’s manual.
We shall have no liability to you for any failure or delay in supply or delivery, or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
Our responsibility to you
If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and our liability shall not, in any event, include business losses such as lost data, lost profits or business interruption.
Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
We respect your rights as a consumer and are dedicated to protecting your privacy to the full extent of the UK Data Protection Acts of 1984 and 1998.
We only collect information through the ordering/ registration process, or from your telephone, mail or email enquiry. We only collect information that is required specifically to create a more personal shopping experience, and to process your orders. The type of information we will collect about you includes: Your name, address, phone number, email address, credit/debit card details. We will never collect sensitive information about you without your explicit consent.
The information you provide is kept securely, we follow strict security procedures concerning the storage and disclosure. We may require proof of identity before sensitive information is disclosed to you.
We are not responsible for any damage caused by the carrier to you or your property, nor are we responsible for any damage caused to your property because of split or damaged packaging.
3rd Party Disclosure
- Massey & Son Ltd will never trade, sell or exchange any of your personal details with any 3rd party company or institution, unless you specifically give your permission at the point of data entry.
Website statistics may be provided to reputable 3rd party vendors, but this will NEVER contain any personal details.
You may not transfer any of your rights under these Product Terms & Conditions to any other person. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product
Terms & Conditions
These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently.
If any part of these terms and conditions is unenforceable (including any provisions in which we exclude liability to you) the enforceability of any other part of these conditions will not be affected.
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
These terms and conditions, together with our current website prices, delivery details, contact details set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.