Terms and Conditions
1. Our Contract
1.1. These Terms and Conditions govern the supply of goods sold by MCD Home & Garden Vat No. 3523988DH (a trading name of MCD Home & Garden Ltd No. 617990) of West Curragh, Naul, Dublin, K32 YV74 (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.
1.2. All orders placed by you in our online shop are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you 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. MCD Home & Garden provides services to you subject to the notices, terms and conditions set forth in this agreement. In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this site and these terms and conditions at any time. By accessing, browsing, or shopping on our website, you agree to all of the terms and conditions in this agreement. Please read them carefully.
2. Price & Payment
2.1. The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for delivery as advised to you.
2.2. We reserve the right to update the price of goods from time to time but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order and may decline it or limit the order quantity of goods sold.
2.3. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
2.4. Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5. We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed.
2.6. You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counter-claim, which you may have, or allege to have.
2.7. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from you to us.
2.8. The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format.
2.9. Any “Was” price displayed on the website shows the item’s previous selling price for a period of at least 30 days prior to the reduced price coming into effect, unless otherwise stated.
3. Delivery & Title
3.1. We will deliver your items them in accordance with your order usually within the stated delivery time. Standard parcels are delivered within 1-2 days in the Republic of Ireland and Northern Ireland. Hamco and Heritage stoves are delivered within 2-3 days and Henley stoves are delivered within 4-5 days (subject to exceptional circumstances) within 30 days of accepting your order. In addition to your rights under clause 5, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. 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 will be required on collection or delivery. In the unlikely event that you have not received all of the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
3.2. Items can only be delivered to the exterior of a ground floor location at the delivery address. 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 or fitting services upon delivery unless otherwise agreed by us.
3.3. You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
3.4. Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, 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 no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, 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.
3.5. Please note that we can ship products only to billing addresses. If you wish to have delivery to a different address than the one assigned to your debit/credit card please contact us. Please note that if you choose pick “Free in store collection” you must provide a copy of your order and a valid ID. Only Passport and driving licences are accepted.
3.6 In Store collection is available for online and phone orders free of charge
and it’s free. To collect orders in our store we require you to provide a valid ID and a copy of the order receipt.
4.1. While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 14 days.
4.2 Items that are indicated in stock online, may be out of stock. Online stock updates every 48 hours. In the event of a product being out of stock, a member of the customer service team will contact you as per point 4.1
5. Cancellation & Returns
5.1. Our 14-day returns policy means that if for any reason you are unhappy with your purchase, you can return goods in their original condition within 14 days of the date you received goods, unused and in original packaging with contents in the condition they were delivered, along with a receipt of proof of purchase. We will issue a refund for the price you paid for the goods only excluding delivery costs incurred by the company.
5.2. Customers are responsible for returning goods and the costs associated in doing so back to Home & Garden Direct. Returned goods must be unmarked and free from blemishes of any kind, the total refundable amount is dependent on goods being returned to us in the same ‘good condition’ that they were received in (we would advise keeping all packaging if you are considering returning an item). We can collect items if you are unable to send them back to us (this is a chargeable service, and will be deducted from your refund). Please speak to a member of our customer services team for more information on cancelling an order. Provided we have received the goods back in ‘good condition’ with a valid returns note, refunds will be issued within 30 days of the goods arriving with us.
5.3. If a customer contacts our company after the specified 14 days, MCD Home & Garden has the right to assume that the order has progressed to completion. The customer will not have an automatic right to a refund.
5.4 If at any point the Customer wishes to cancel a Bespoke Order (i.e. Garden Shed(s) or any other Timber Garden Product(s), Printing Services, Modular Tent(s),
Shade(s), Pagoda(s) or any other specialist manufactured goods), then the 30% deposit will be non refundable. If payment has been made in full then you will only be entitled to a 70% refund, as work will have already been carried out on your behalf. However we reserve the right to refuse your request for refund when full payments have been made when manufacturing bespoke work upon your instructions. If other payment terms have been agreed then you would still be liable to pay for the goods you have ordered in full if you decide to cancel and any stage of production, or a minimum of 30% of the cost of the total order would be mandatory.
5.5 In the event of a manufacturing fault claim you may be required to email or post photographic evidence to Customer Services. This will provide us with the details to make a commercial decision to either repair or replace the goods.
5.6 In a situation where we need to obtain order specific goods to fulfil your order, 50% of the deposit is required. If you cancel your order after we have received goods and have it ready for you to collect, we reserve the right to a restocking charge of 20%. We also reserve the right to refuse return requests for all bespoke items built to order by our suppliers (non-standard products) in that case the full deposit will be held.
6.1. If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2. We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, nor will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
6.3. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4. 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.
6.5. If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any
liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
7. Age Requirements for Specific Goods
7.1. When you place an order for age-restricted goods such as solvents, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
8.1. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
9. Force Majeure
9.1. 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).
10.1. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with Irish law, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the country of Ireland.
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