Terms And Conditions
Website Terms and Conditions of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which MP Moran & Sons Limited (“MP Moran”) supplies its products ("Products") listed on this website. Please read these terms and conditions carefully before ordering any Products from this site. You should understand that by ordering any of MP Moran Products, you agree to be bound by these terms and conditions and all associated documents, which shall always take precedence over all and any other supplied terms.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from this site.
1. Information About MP Moran
1.1 The contract for purchases is formed between you and MP Moran.
1.2 MP Moran is registered in England and Wales under company number 1218121 and with its registered office at 293/301 Kilburn High Road, London NW6 7JR. MP Moran’s main trading address is 293/301 Kilburn High Road, London NW6 7JR. Our VAT number is GB241-424-105.
2. Service Availability
2.1 This site is only intended for use by people resident in the United Kingdom. MP Moran does not accept orders from individuals outside the United Kingdom.
2.2 This site requires you to enter your post code in order to validate if delivery is possible to your area. Should you change this during the checkout process, MP Moran shall not be able to deliver goods to you and as a result your order shall not be processed and no contract shall ever have been formed whatsoever. MP Moran does not accept any responsibility whatsoever for any losses, expenses or damages (whether direct, indirect or consequential) in this instance.
3. Your Status
3.1 By placing an order through this site, you warrant to MP Moran that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are resident in the United Kingdom; and
3.1.4 you are accessing this site from the United Kingdom.
4. How the Contract is Formed Between You and MP Moran
4.1 After placing a satisfactory order, you will receive an e-mail from MP Moran acknowledging that they have received your order. At this point, payment will be taken for the goods and MP Moran will contact you to arrange a preferred delivery date only, as no guarantees can be offered or provided in respect of a delivery date. MP Moran will see that deliveries are made within 30 days from receipt of the aforementioned email, unless a longer period has been agreed between the parties.
4.2 Your order constitutes an absolute offer to MP Moran to buy a Product. All orders are subject to acceptance by MP Moran, and MP Moran will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation").
4.3 The contract between the parties ("Contract") shall only be deemed to have been formed when MP Moran sends you the Dispatch Confirmation.
4.4 The Contract will relate only to those Products whose dispatch MP Moran has expressly confirmed in the Dispatch Confirmation. MP Moran shall not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been expressly confirmed in a separate Dispatch Confirmation.
4.5 In the event of any order being rejected by MP Moran, you will receive a refund of the price paid for the Products, strictly in accordance with MP Moran refunds policy, in accordance with clause 9 below.
5. Cancellation Rights
5.1 If you are contracting as a consumer, you are entitled to cancel a Contract strictly within a fourteen day (14) period (referred to as a “Cooling Off Period”) beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with MP Moran outlined refunds policy.
5.2 To cancel a Contract, you must contact MP Moran via email to email@example.com.
5.3 As outlined in clause 5.1, you shall only have fourteen (14) days from date of delivery to cancel your order. Should you cancel the order, you need to return the Products to MP Moran as soon as possible, in the same condition in which you received them (inclusive of being in the original wrapping) and at your own cost and risk.
5.4 Further, you also have a strict legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, MP Moran shall have a right of action against you for compensation and/or damages.
5.5 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect any other of your statutory rights.
6. Availability and Delivery
6.1 MP Moran will use reasonable endeavours to fulfil your order by the delivery date set out in the Dispatch Confirmation but give no guarantee that delivery will be made on this date. In any event MP Moran will see that deliveries are made within 30 days as set out in clause 4.1. Where no delivery date is specified, then MP Moran will use reasonable endeavours to fulfil your order within 30 days of the date of the Dispatch Confirmation.
6.2 As stated in clauses 4.1 and 6.1, MP Moran cannot give any guarantees when you select a preferred delivery date during the checkout process.
6.3 Please note that delivery exclusions apply to: Northern Ireland, Scottish Islands, Channel Islands, Isle of Scilly, Isle Of Wight, Isle of Man and post codes AB, PR, PL, HS, KW, and IV.
6.4 Further, please be advised of the following basic information concerning deliveries
6.4.1 Delivery Options: 1-4 Packs, equates to £72 per pack (includes VAT and added at the checkout);
6.4.2 5+ Packs FREE DELIVERY;
6.4.3 At checkout delivery dates will only ever be offered provisionally and there are no guarantees whatsoever;
6.4.4 Deliveries are carried out Monday-Friday between 8am and 5pm and no absolute or specific times can be guaranteed;
6.4.5 Lead times on all Products are 5-10 working days (Subject to change).
6.5 MP Moran cannot accept liability for any losses or expenses (whether direct, indirect or consequential) whatsoever by any delayed delivery.
6.6 If you cancel the order on the date of delivery a haulage charge will be charged at cost to you.
6.7 If you are unable to accept the goods or decline delivery, a re-delivery charge will be charged at cost to you.
6.8 Goods will not be delivered unless signed for. If you are unable to take the delivery please contact MP Moran at firstname.lastname@example.org prior to the delivery date to inform us where to leave the goods. If no prior contact is made, the goods will not be delivered and a re-delivery charge will be charged at cost to you.
6.9 Before signing the delivery sheet please inspect the delivery for damage. Note any damage on the delivery sheet and hand back to the driver.
6.10 Please advise MP Moran on email@example.com before delivery if there are any restrictions to the property which may cause difficulty for the delivery vehicles, for information purposes only. MP Moran shall use reasonable endeavours to take into account any advised restrictions to the property wherever possible; but under no contractual obligations to do so whatsoever.
6.11 Typical vehicles used are 42 Tonne Articulated Lorries. Smaller vehicles can be requested; but there are no guarantees as to their availability.
6.12 Deliveries will be made kerbside as standard. If you require the vehicle to come further on to the property you do so entirely at your own risk and MP Moran cannot be held liable for any damage however caused by the vehicle on the property whatsoever.
6.13 Subject to the provisions in this Agreement, damage to any Products discovered upon delivery will entitle you to the remedies outlined in clause 9
7. Risk and Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Title to the Products shall not pass to you until MP Moran has received payment in full (in cash or cleared funds) for:
7.2.1 such Products; and
7.2.2 all other sums which are, or which become, due to MP Moran from you for sales of Products or on any account.
7.3 Until title to the Products has passed to you, you shall:
7.3.1 hold such Products on a fiduciary basis as MP Moran bailee;
7.3.2 store such Products separately from all other goods held by you so that they remain identifiably MP Moran property;
7.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to such Products; and
7.3.4 maintain such Products in satisfactory condition and keep them insured on MP Moran behalf for their full price against all risks with an insurer that is reasonably acceptable to MP Moran. You shall obtain an endorsement of MP Moran’s interest in the Products on your insurance policy, subject to the insurer being willing to make the endorsement. On request, you shall allow MP Moran to inspect such Products and the insurance policy.
7.4 You may resell the Products before ownership has passed to you subject to the following conditions:
7.4.1 any sale shall be effected in the ordinary course of your business at full market value; and
7.4.2 any such sale shall be a sale of MP Moran’s property on your own behalf and you shall deal as principal when making such a sale.
7.5 Your right to possession of the Products shall terminate immediately if:
7.5.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or if you are a body corporate you convene a meeting of your creditors (whether formal or informal), or you enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purposes only of your reconstruction or amalgamation, or you have a Receiver and/or a Manager, Administrator or Administrative Receiver appointed of your undertaking or any part thereof, or documents are filed with the Court for the appointment of an Administrator of you or notice of intention to appoint an Administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986) or a resolution is passed or a petition presented to any Court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced in relation to your insolvency or possible insolvency; or
7.5.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under the Contract or any other contract between us, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
7.5.3 you encumber or in any way charge any of the Products.
7.6 MP Moran shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from MP Moran to you.
7.7 You grant to MP Moran, its agents and employees an irrevocable licence to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession is terminated, to recover them.
7.8 Where MP Moran is unable to determine whether any Products are the Products in respect of which your right to possession has terminated, you shall be deemed to have sold all Products of the kind sold by MP Moran to you in the order in which they were invoiced to you.
7.9 On termination of the Contract, however caused, MP Moran’s (but not your) rights contained in this clause shall remain in effect.
8. Price and Payment
8.1 The price of any Products will be as quoted on the MP Moran website from time to time, except in cases of obvious error. Payment is taken at the point you place your order with MP Moran.
8.2 Prices include VAT but exclude delivery costs, which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which MP Moran has already sent you a Dispatch Confirmation.
8.4 The website contains a large number of Products and it is always possible that, despite MP Moran best efforts, some of the Products listed on our site may be incorrectly priced. MP Moran will normally verify prices as part of its dispatch procedures so that, where a Product's correct price is less than its stated price, they will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, MP Moran will normally, at its sole discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 MP Moran is under no obligation whatsoever to provide the Product to you at the incorrect (lower) price, even after they have sent you a Dispatch Confirmation.
8.6 Payment for all Products must be by credit, debit card or via PayPal. MP Moran accept payments with Visa (but not Visa Electron), Mastercard and Maestro. Your card will be charged at the point of order.
9. Refunds Policy
9.1 If you buy a Product from MP Moran you may cancel your order (or any part of it) up to a minimum of 24 hours before delivery. You may cancel your order by emailing firstname.lastname@example.org. There will be no charge for cancelling your order before delivery is made (giving a minimum of 24 hours’ notice).
9.2 You may return any delivered Products you have purchased strictly within 14 days after the day of delivery for any reason, which is often referred to as the Cooling Off period. To do so you must notify MP Moran in writing via email to email@example.com.
9.3 If you are returning a Product because you have changed your mind after delivery, you must arrange for return transport of the goods at your own cost. All returned Products must be returned unused, undamaged and in the original wrapping. Two options are available for returning goods:
9.3.1 You can arrange for MP Moran to arrange return transport for you. There will be a charge for this service. Please check all charges before making a purchase if you think you are likely to change your mind.
9.3.2 You can arrange return transport yourself. If you return goods yourself, the Products will be at your risk during return, so please make sure that the items are sufficiently packaged to prevent damage occurring during their return. All items will be checked upon return. There is a restocking charge which shall still apply if you return goods yourself.
9.4 With either option, MP Moran will give a refund of the price paid for the returned Product within 14 days of cancellation minus the restocking charge and return transport costs if MP Moran arranged the return.
9.5 If you choose to return any Products, there will be a charge for this service. Please enquire about these charges before making a purchase. Charges for returns are based on individual sale conditions.
9.6 If MP Moran have not received notification of any return due to change of mind within 14 days from date of delivery it shall be assumed that acceptance of the goods has taken place. Any subsequent claim will be subject to MP Moran discretion, and MP Moran reserves the right to choose whether to make a full refund or not.
9.7 If a previously undamaged Product is returned damaged, MP Moran will notify you via email or post. If you arranged for the return of goods yourself and damage has occurred in transit, it is your responsibility to make any claim for damaged items against your carrier. MP Moran shall not refund the cost of items which are found to be damaged upon return: such items shall remain your property and may be collected from MP Moran at your own cost. MP Moran may at its own discretion, dispose of them if not collected within 30 days.
9.8 In cases where the Products are damaged on delivery and you wish to cancel the order as a result, you may do so by giving MP Moran notice within 30 days of delivery. Notice must be given via email to firstname.lastname@example.org. MP Moran will organise collection of the damaged item(s) from you. Until this time, the Products remain at your risk and you should take reasonable care of them, including securing, packaging and/or storage of the goods to prevent further damage. Following collection and inspection, provided MP Moran is satisfied the goods have been damaged in transit or otherwise before delivery, a full refund will be issued.
9.9 In cases where MP Moran Products are damaged on delivery and you wish to have a replacement, or parts sent, provided damage is reported within 30 days from date of delivery as set out above, MP Moran will use reasonable endeavours to provide suitable replacement Products or parts. Alternatively, if this cannot be done, provide you with a full refund. Before a replacement can be processed MP Moran will require you to send photos of the damage. Once photos are received and MP Moran can confirm damage has occurred, replacements will be arranged to be sent out within MP Moran normal delivery schedule. MP Moran will get in contact to inform you of the date of arrival for the replacement of goods. Collection of broken pieces are assessed on a case by case scenario. Not all broken pieces are collected.
9.10 Where damaged Products have not been notified to MP Moran in accordance with this agreement within 30 days of delivery or where any defect arises in the Product after 30 days of delivery, you shall be entitled to a replacement or repair of a defective Product. Before a replacement can be processed MP Moran will require you to send photos of the damage. Once photos are received and MP Moran can confirm damage has occurred, replacements will be arranged to be sent out within MP Moran normal delivery schedule. MP Moran will get in contact to inform you of the date of arrival for the replacement of goods.
9.11 If goods are claimed to be faulty and are found not to be faulty on inspection, MP Moran may at its own discretion charge the costs of recovering the goods and deduct it from any refund. The Products will remain at your risk until they are physically returned to MP Moran by collection or delivery.
9.12 All returned Products must be returned in the condition in which they were received by you, and you are responsible for ensuring that the items are sufficiently packaged to prevent further damage occurring during their return. All Products must be returned unused, as new, and in their original Product packaging with all shrink wrapping. All items will be checked upon return before the relevant action is taken. The Products remain at your risk until collected by MP Moran. Please note replacement parts or Products can vary, so may not be identical to the items being replaced. In particular, colours and shades can vary by batch and could be different from your original order.
9.13 If any Product delivered to you and does not meet its description, you may cancel the order by giving MP Moran notice within 30 days of delivery. Notice must be given via email to email@example.com . MP Moran will organise collection of the Product not meeting its description from you. Until this time, the Product remains at your risk and you should take reasonable care of it, including securing, packaging and/or storage of the Product. Following collection and inspection, provided MP Moran are satisfied the Product does not meet its description, a full refund will be issued.
9.14 If a different Product is delivered to you in error and is not the Product you ordered but delivery has been accepted, please notify MP Moran immediately via email to firstname.lastname@example.org, where MP Moran aim to respond to emails within 48 hours of receipt.
9.15 It is your responsibility to check against the carrier’s delivery note that the appropriate number of packages, parcels, pallets or crates has been received, and that the correct number and description of ordered goods or items has been received. You must notify MP Moran within thirty (30) days from date of delivery via email to email@example.com of any shortages. Once an item has been installed, it cannot be returned and the purchase price cannot be refunded.
9.16 Returns or cancellations will not be accepted if the Products have been altered by applying chemicals or paints to the surfaces other than those provided, or by altering or customising the Product in any way that could be deemed as you using or treating the Products as your own.
9.17 MP Moran will use reasonable endeavours to process refunds within fourteen (14) days and all payments will be credited against the original card holder’s payment details where possible.
10. MP Moran’s Liability
10.1 MP Moran warrants to you that any Product purchased through this website is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
10.2 MP Moran liability for losses you suffer as a result of it breaking this agreement are capped and strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of it breaking the agreement. Losses are foreseeable where they could be contemplated by you and MP Moran at the time your order is accepted.
10.3 This does not include or limit in any way our liability:
10.3.1 for death or personal injury caused by our negligence;
10.3.2 under section 2(3) of the Consumer Protection Act 1987;
10.3.3 for fraud or fraudulent misrepresentation; or
10.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 MP Moran is strictly not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and MP Moran, including but not limited to:
10.4.1 loss of income or revenue;
10.4.2 loss of business;
10.4.3. loss of profits or contracts;
10.4.4 loss of anticipated savings;
10.4.5 loss of data;
10.4.6 loss of data, or
10.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Applicable laws require that some of the information or communications MP Moran send to you should be in writing. When using the MP Moran site, you accept that communication by the parties will be mainly electronic. MP Moran will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that MP Moran provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 All notices given by you to us must be given to MP Moran & Sons Limited at firstname.lastname@example.org and MP Moran may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in this clause.
12.2 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, which such e-mail was sent to the specified e-mail address of the addressee.
13.1 All complaints should be emailed to email@example.com.
13.2 MP Moran will acknowledge your complaint within 48 hours and provide you with a written response (via email) within fourteen (14) days of receipt of the emailed complaint.
14.Transfer of Rights and Obligations
14.1 The contract between MP Moran and you is considered binding upon the parties and our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 MP Moran may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
15. Events Outside MP Moran’s Control
15.1 MP Moran shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond MP Moran reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 impossibility of the use of public or private telecommunications networks;
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 MP Moran performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and MP Moran shall have an extension of time for performance for the duration of that period. MP Moran will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If MP Moran fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if MP Moran fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by MP Moran of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by MP Moran of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between the parties in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between MP Moran and you,
whether oral or in writing. For the avoidance of doubt, MP Moran terms and conditions and all associated documents, shall always take precedence over all further supplied terms and conditions.
18.2 Each party acknowledges that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and MP Moran prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. MP Moran’s Right to Vary These Terms and Conditions
19.1 MP Moran reserves the right to revise and amend these terms and conditions from time to time, at its sole discretion, which shall be considered binding.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from MP Moran, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if MP Moran notify you of the change to those policies or these terms and conditions before MP Moran sends you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify MP Moran to the contrary within 24 hours of receipt by you of the Products).
20. Law and Jurisdiction
Contracts for the purchase of Products through this site will be governed by English Law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.