TERMS AND CONDITION

1 DEFINITIONS

In this document the following words shall have the following meanings:

“Business Day” means a day (other than a Saturday, Sunday or a public holiday) when banks in London, England are open for business;

"Buyer" means the firm or person who buys the Goods from the Seller;

“Conditions” means these Terms and Conditions as amended from time to time in accordance with clause 2.4;

“Contract(s)” means any one or more contracts between the Seller and the Buyer for the supply of the Goods in accordance with these Conditions;

"Goods" means the goods (or any part of them) set out in the Order;

“List Price ” means the prices charged for the Goods by the Seller on the website at the time the Order is accepted (see clause2.2);

“Order” means an order from the Buyer for the purchase of Goods as provided in writing to the Seller via the check out process of the website;

“Parties” means the Seller and Buyer together;

“Seller” means Madness Connection Ltd who are a limited company registered in England and Wales under company number 11655468 with registered office at 50 Judge Street, Watford, WD64 6BL. VAT no. 320238447;

“VAT” means Value Added Tax;

“Custom Duty” means a duty imposed by the country of the Buyer on the Good, depending where the Good is manufactured;

“Credit Note” means a credit issued by the Seller to the Buyer in the form of a document. The Buyer can spend this credit from the following Order;

“Custom Export Office” means the office of export of Great Britain;

"Custom Import Office" means the office of import in the country of Import; and

"Defect" means a difference between goods delivered and goods quality agreed at point 9.2 of this Terms and Conditions.

2 GENERAL

2.1 Each Order constitutes a request by the Buyer to purchase the Goods in accordance with these Conditions.

2.2 Each Order shall only be deemed to be accepted when the Buyer pays for the full amount of thee Order that was built on the Website.The payment date constitutes Seller acceptance of the Order and on that date a Contract come into existence.2.3 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms, conditions, promises, statements and/or representations referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the Parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the Parties) shall not apply unless agreed in writing by the Seller.

3 PRICE AND PAYMENT

3.1 The price of the Goods shall be the List Price at the time the Order is accepted pursuant to clause 2.2 above. The Price is inclusive of custom duties but is exclusive of VAT and any other applicable costs (such as delivery).

3.2 Al momento del Check Out viene applicato uno sconto dell'1,5% sul costo dell'Ordine a copertura di eventuali costi di dazi doganali (in caso di Export). Questa percentuale consiste in una stima dei Dazi doganali che dovranno essere pagati presso l'Ufficio doganale di importazione e può differire dal numero esatto che il Venditore deve fornire all'Acquirente entro e non oltre il giorno in cui le Merci lasciano i locali del Venditore. Qualsiasi differenza in eccesso tra la stima e il costo esatto dei dazi doganali deve essere coperta dall'Acquirente. I Dazi Doganali devono essere pagati direttamente dall'Acquirente all'Ufficio Doganale di Importazione. Il Venditore ti assisterà durante tutto questo processo senza costi aggiuntivi.

3.3 Il Venditore emetterà una fattura all'Acquirente per i Beni o in qualsiasi momento dopo che il pagamento completo è stato completato e appare sul conto bancario del Venditore. I pagamenti internazionali possono richiedere dalle 24 alle 72 ore prima che vengano visualizzati sul conto bancario del venditore.

3.4 Il pagamento del Prezzo e dell'IVA e di ogni altro costo applicabile dovrà essere effettuato al momento del check-out sulla Pagina Web.

3.5 Il Venditore si impegna a predisporre l'Ordine entro 15 giorni (compreso il 15° giorno) dove il giorno 0 è considerato il giorno in cui si perfeziona il Contratto. Nel caso in cui il Venditore non ottemperi al Contratto entro i termini previsti dovrà restituire l'importo totale pagato dall'Acquirente per l'Ordine e gli eventuali costi connessi alla transazione.

4 DESCRIPTION

4.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

4.2 Where the Goods are to be supplied in accordance with a specification provided by the Buyer, the Buyer shall indemnify the Seller against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Seller in connection with any claim made against the Seller for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Seller’s use of the specification provided by the Buyer. This clause 4.2 shall survive termination of the Contract.

5 SAMPLE

Where a sample of the Goods is shown to and inspected by the Buyer, the Parties accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not to constitute a sale by sample.

6 DELIVERY

6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified in the Order or an alternative address confirmed in writing by the Buyer prior to the acceptance of the Order (the “Delivery Location”) and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event the Buyer fails to provide a delivery address, then the Buyer shall be obliged to collect the Goods from the Seller’s address within 10 Business Days from the day the Contract comes into existence. When doing so the Buyer warrants that will comply with all applicable laws and regulations from time to time in force and agree to indemnify the Seller against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Seller as a result of any breach of this warranty by the Buyer. If 10 Business Days after the contract came into existence, the Buyer has not collected the Goods, the Seller may resell or otherwise dispose of part or all of the Goods and, after deducting storage and selling costs charge the Buyer for any shortfall below the Price.

6.2 The Seller shall notify the Buyer of the estimated date of delivery or the date the Goods are available for collection (the “Delivery Date”). Time for delivery shall not be of the essence of the Contract.

6.3 The Buyer should make contact in advance, either through the Seller or on its own initiative, with the Custom Import Office to arrange payment of VAT and Custom Duties (if any); it is advisable that the Buyer makes such payments before the Goods arrives at the Custom Import Office. The Seller must provide with the exact amount of Custom Duties to be paid not later than the day the Goods leave Seller’s premises. After this point, the Seller’s doesn’t hold any liability on VAT and Custom Duties payment which are to be executed under the sole responsibility of the Buyer. The Buyer is considered the sole responsible of any delay in delivering the Order due to an incorrect or late payment of VAT and Custom duties.

6.4 Delivery of the Goods shall be deemed completed upon their arrival at the Delivery Location.

6.5 The Seller shall not be liable for any delay in delivery of the Goods that is caused by the Buyer’s failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.6 If the Buyer fails to accept or take delivery of the Goods within 3 Business Days of the Delivery Date, then except where such failure or delay is caused by a force majeure event (referred to in clause 13 below) or by the Seller’s failure to comply with its obligations under the Contract: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the Delivery Date; and (b) the Seller shall store the Goods until physical delivery takes place, and charge the Buyer for all related costs and expenses (including insurance).
6.7 If 10 Business Days after the Seller notified the Buyer of the Delivery Date the Buyer has not accepted or taken delivery of the Goods, the Seller may resell or otherwise dispose of part or all of the Goods and, after deducting storage and selling costs charge the Buyer for any shortfall below the Price.
6.8 The quantity of any consignment of Goods as recorded by the Seller on despatch shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
6.9 The Seller shall not be liable for any non-delivery of Goods (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller of the non-delivery within 5 Business Days of the date when the Goods would in the ordinary course of events have been received.

6.10 The Seller’s liability for non-delivery of the Goods shall be limited to, at the Sellers option replacing the Goods within a reasonable time, issuing a credit note at the pro rata price or refunding the purchase price under the Contract against any invoice raised for such Goods.

7 RISK

Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller’s place of business if the Goods are delivered in Great Britain or have passed the Custom Export Office if it is an Export. Where the Buyer is under an obligation to collect the Goods, risk passes when the Buyer takes possession of the Goods or the Goods are set aside for its collection, whichever happens first.

8 RETENTIONS OF TITLE

8.1 Notwithstanding the provisions of clause 7 title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all Goods delivered or made available to the Buyer under all Contracts between the Seller and the Buyer. For the avoidance of doubt payment of the full price of the Goods shall include the amount of any interest or other sum payable under these Conditions.
8.2 Until title to the Goods has passed to the Buyer, the Buyer shall: (a) hold the Goods on a fiduciary basis as the Seller’s bailee; (b) store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Buyer’s property; (c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; (d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Seller’s behalf from the date of delivery; (e) notify the Seller immediately if it is unable or believes that it will be unable to pay any of the monies due to the Seller; and (f) give the Seller such information relating to the Goods as the Seller may require from time to time.
8.3 If before title to the Goods passes to the Buyer the Seller believes that the Buyer will be unable to pay any amount due under any Contract to the Seller and the Seller notifies the Buyer accordingly, then, provided the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Seller may have, the Seller may at any time require the Buyer to deliver up the Goods and, if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.

9 QUALITY
9.1 Where the Seller is not the manufacturer of the Goods, the Seller shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller.

9.2 The Seller warrants that (subject to the other provisions of these Conditions) on delivery the Goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; (b) be reasonably fit for any purpose which the Seller says the Goods are fit for or for any reasonable purpose for which the Buyer uses the Goods; and (c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Seller in writing and the Seller had confirmed in writing that it is reasonable for the Buyer to use the Goods for that purpose.

9.3 The Seller shall not be liable for a breach of any of the warranties in clause 9.2 unless: (a) the Buyer provides written notice and documented evidence in form of photos and videos of the Defect to the Seller within 10 Business Days of the time when the Buyer receives the Goods at his premise where day 0 is considered the day the Goods are delivered; in such evidence, the Buyer should always clearly show the model number and unique identification bar code of the defected Good, or; (b) the Seller is given a reasonable opportunity after receiving the notice to examine the Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s address provided above at the Buyer’s cost for the examination to take place there.
9.4 The Seller shall not be liable for a breach of any of the warranties in clause 9.2 if: (a) the Buyer makes any further use of the Goods after giving such notice; or (b) the defect arises owing to the buyers misuse of, or as a result of accidental or malicious damage or failure to follow recommended industry practice as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or (c) the Buyer alters or repairs the Goods without the Seller’s written consent or in any manner not in line with industry practice (d) the Buyers doesn’t report and document the Defects within the time limit stated in clause 9.3.
9.5 Subject to clause 9.3 and clause 9.4, if any of the Goods do not conform with any of the warranties in clause 9.2 the Seller shall at the Seller’s sole option replace such Goods (or the defective part) in the next Order placed by the Buyer or issue a Credit Note equal to the price of such Goods at the pro rata Price under the Contract.
9.6 If the Seller complies with clause 9.4 the Seller shall have no further liability for a breach of any of the warranties in clause 9.2 in respect of such Goods.

10 LIMITATION OF LIABILITY

10.1 Subject to clauses 10.2 and 10.4, if the Seller fails to comply with these Conditions, the Seller shall only be responsible for any losses that the Buyer suffers to the extent that those losses are a reasonably foreseeable consequence of the Seller’s failure to comply with these Conditions.
10.2 Subject to clause 10.3 the Seller shall have no liability for any losses that result from the Seller’s failure to comply with these Conditions that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss or corruption of data; (f) loss of goodwill or business opportunity; (g) any waste of time; or (h) special, indirect or consequential loss.
10.3 This clause does not include or limit in any way the Seller’s liability for: (a) death or personal injury caused by the Seller’s negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or (d) any other matter for which it would be illegal or unlawful for the Seller to exclude or attempt to exclude the Seller’s liability.
10.4 Subject to clause 10.3 and 10.5 the Seller’s total liability in connection with the Contract whether based on contract, tort (including negligence), strict liability or otherwise is limited to an amount equal to the Price under the Contract.
10.5 In respect of any loss of or damage to the Buyer’s physical property which is caused by the Seller’s negligence or failure to comply with these Conditions the Seller’s total liability is limited to an amount equal to £250.0.

10.6 All warranties, clauses and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

11 The Buyers’s insolvency or incapacity

Without limiting its other rights or remedies, the Seller may terminate the Contract and/or suspend its obligations under the Contract with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due under any Contract on the due date for payment or if the Seller reasonably believes that the Buyer may fail to pay any amount due under any Contract including as a result of the Buyer’s insolvency or deemed insolvency within the meaning of the relevant provisions of the Insolvency Act 1986 or any other equivalent legislation or regulations.

12 Consequences of termination

On termination of the Contract for any reason: (a) the Buyer shall immediately pay to the Seller all of the Seller's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has yet been submitted, the Seller shall submit an invoice, which shall be payable by the Buyer immediately on receipt; (b) the accrued rights and remedies of the Parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and (c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.

13 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, the Seller shall be entitled to a reasonable extension of time in order to perform its obligations. If the delay persists for more than 30 days either of the Parties may terminate the Contract.

14 RELATIONSHIP OF PARTIES

Nothing contained in these Conditions shall be construed as establishing or implying any partnership or joint venture between the Parties and nothing in these Conditions shall be deemed to construe either of the Parties as the agent of the other.

15 ASSIGNMENT AND SUB-CONTRACTING

15.1 The Seller may at any time assign, charge, subcontract or deal in any other manner with all or any of its rights under the Contract.

15.2 The Buyer shall not, without the prior written consent of the Seller, assign, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

16 WAIVER AND REMEDIES

16.1 If the Seller or the Buyer delays or does not take action to enforce the Seller’s or the Buyer’s rights under the Contract this does not prevent either the Seller or the Buyer from taking action later.

16.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

17 SEVERABILITY

If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

18 NOTICES

18.1 Any notice or other communication required to be given to either of the Parties shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case and in the case of notices addressed to the Seller) its principal place of business. In case of Export, the notice document can delivered by the mean of an attachment to an e-mail.
18.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at such addressor, if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.

18.3 This clause 18 shall not apply to the service of any proceedings or other documents in any legal action, of which Buyer and Seller respective legal representative should communicate.

19 THIRD PARTIES

The Parties intend that a person who is not a party to the Contract shall not have any rights under or in connection with it.

20 GOVERNING LAW AND JURISDICTION

The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law, and the Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Madness Connection Ltd (the "Company", “Madness Connection Ltd”, “we” or “us”) is the ‘data controller’ of the personal information you provide us.

We are committed to protecting and respecting your privacy when visiting our website and providing us with your personal information and this privacy policy statement summarises what personal details we may collect from you and what we will do with this data. You can contact us via the postal address above or via email at sales@madconnection.co.uk should you have any questions on our policy or the data we hold for you.

What personal data do we collect?

We only collect personal information that you provide us with, if for example you contact us with an enquiry; register on the website; enter a competition or prize draw; request us to provide you with further information; post information to a public area of our sites or take advantage of a promotion.

If you share other people’s data with us, for example if you buy one of our products for another family member, you will need to check that person consents to you providing that information to us.

How do we use your personal data and on what legal grounds?

We may use the information held about you in the following ways:

To notify you of any changes to our service.
To ensure that our content is presented in the most effective manner
To provide you with information, products and services requested from us
To provide you with helpful information about our products or services which you use.
To send you details about how to look after your Madness Connection Ltd products.
To perform our obligations concerning any contracts entered into between you and us, including under relevant product warranties.

Where you have given your permission for us to use your data for particular purposes, or where we send you communications relating to Madness Connection Ltd products and services, you can at any time change your preferences as to how your data is used by us. You can contact us at sales@madconnection.co.uk to access your preferences.

Telephone calls and e-mail correspondence with Madness Connection Ltd at the email addresses accessible through, or obtained from, this Website or Linkedin web page may be recorded or monitored. By using these communication methods, you are consenting to the recording and/or monitoring of your calls and emails.

Social Media

You may contact us or comment on our products and services through social media. The information we collect from social media and online web pages sometimes includes personal information that has been put online and is publicly available. Please refer to the relevant social media sites for details of their own privacy policies on how they collect and share your personal data.

How do we store and protect your data?

We will endeavour to ensure that the personal information you submit to us is kept private and secure, and held in accordance with relevant laws. We will not sell, rent or otherwise disclose the personal information you provide to us through the Site to third parties (other than as listed below) unless we are required to do so by law.

Third parties who provide services on our behalf

We share your personal information with certain third parties who provide services on our behalf. They only have access to the personal information they need to perform those services. They are required to keep your personal information secure and confidential and may only use it as permitted by us in accordance with this Privacy Policy.

The third parties who provide services on our behalf fall into the following categories:

Other Madness Connection group companies in Europe.
Our logistics service providers who store and transport our products
Our service repair engineers
Marketing agencies appointed to provide services to us
The service providers operating this Site on our behalf
Social media platform

How Long Do we Store Your Data?

We will not keep your data for longer than is necessary for the relevant purposes set out in this Privacy Policy. Where you have purchased a product or service from us, we will hold your relevant personal details to enable us to provide after-sale services and to administer the relevant warranty. Different retention periods apply for different types of data, however the longest we will normally hold your data is six years.

Your rights

Under the General Data Protection Regulation (GDPR) and The Data Protection Act 2018 (DPA) you have a number of rights with regard to your personal data. You have the right to request from us access to and rectification or erasure of your personal data, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability.

If you have provided consent for the processing of your data, you have the right (in certain circumstances) to withdraw that consent at any time which will not affect the lawfulness of the processing before your consent was withdrawn.

You have the right to lodge a complaint to the Information Commissioners’ Office if you believe that we have not complied with the requirements of the GDPR or DPA with regard to your personal data.

Please contact us at sales@madconnection.co.uk in writing if you have any queries in relation to your rights.

Sale and transfer

In the event of a sale, transfer, merger, change of control, consolidation, reorganization or liquidation of Madness Connection Ltd, we may sell, transfer or assign to third parties information you have provided to us, including but not limited to personally identifiable information and other information concerning your relationship with us.

Public areas

Any information you post on the public areas of this Website or LinkedIn page (e.g. chat rooms, bulletin boards) is accessible to and used by others and may result in unsolicited messages or other contact from others. You are advised to use caution when posting personal information about yourself in public areas of this Website or LinkedIn page.

No data collected from children

Our Website or Linkedin Page is not directed at children and should not be accessed by them. We will not knowingly collect information from minors without their parent's or guardian's consent.

Third Party Websites

From time to time our Website or LinkedIn Page may contain links to and from the websites of our partner networks and affiliates. If you visit any of these sites, please note that they have their own privacy policies and you should check these before submitting any personal data. We cannot accept any responsibility or liability for these policies.

We welcome any questions, comments and requests regarding this privacy policy and invite you to email them to sales@madconnection.co.uk

Contacting Us

Please contact us via the registered office address stated above or by email at sales@madconnection.co.uk. If you wish us to remove your personal details from our marketing database at any time, please write to us at the registered office address stated above or by email at sales@madconnection.co.uk