TERMS AND CONDITIONS
Terms and Conditions of Trading of McKellars Ironwork.
The definitions and rules of interpretation in this clause apply to this Agreement.
Bespoke: Goods that are made up to your specification this cannot be found on our website or subject to any Customisation at your request.
Sale Item: a product that is sold at a reduced price as a direct consequence of discontinued stock or ex-display pieces.
Domestic Purposes: any use at a residential home and not used in connection with the running of any business.
Good(s): any metal products including plant supports, planters, arches, seating, accessories that are advertised on our website
Product(s): this has the same meaning as Good(s).
Standard Range: any Goods/Products that are listed on our website - not bespoke.
UK Mainland: this is the island of Great Britain and excludes Northern Ireland and any British islands that are geographically separate from the island of Great Britain.
2.1 These Terms and Conditions of Trading (‘Agreement’) apply to all consumer contracts between McKellars Ironwork and our subcontractors (‘us/we/our’) and the Customer (‘you/your’) in relation to all sales of goods and services.
2.2 Any order placed with us is not accepted until we have received full payment. Unless agreed otherwise by ourselves.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document issued by us will be subject to correction without any liability on our part.
3. Product Specifications
3.1 We have a policy of continuous Product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
3.2 Goods supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the Goods supplied will be of equivalent value, functionality and appearance. Any significant variations will be highlighted on the display model.
3.3 All products are hand finished by our in-house chemical process and accordingly they may not be uniform in colour or texture.
3.4 We will endeavour to match the colour of previous items purchased as accurately as possible, but variations in both the colour and texture may occur.
The measurements of all our products will be as accurate as possible, but are nevertheless approximate especially as they are handmade!
All prices include VAT, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
6.1 We require payment in full before despatch of Goods.
6.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.
7.1 For all purchases we will contact you to arrange a delivery date when the item has been made, if it is not already in stock.
7.2 We will deliver your Goods to any UK Mainland address. Delivery costs are applicable according to postcode. Delivery charges will vary, but will be indicated when you place your order.
7.3 If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the Goods or the value thereof.
7.4 Time of delivery is not of the essence in this Agreement. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of McKellars Ironwork or delay due to any reasonable re-scheduling of delivery.
7.5 In the event that you would like to have Goods delivered to a location outside of the UK Mainland we can deliver to any port on the UK Mainland if you arrange for the onward shipping. It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, a representative of the shipping company, a relative or an employee of yours). Liability for the Goods becomes yours when a Despatch Note is signed either by you or your agent. Please note that your right of return is modified as set out in clause 8.5.
8. Returns and Refunds
8.1 What if I change my mind? Under distance selling regulations if you have ordered from our standard range then, subject to clause 8.2, you have the right to cancel your order before and up to 7 working days (not a Saturday, Sunday or public holiday) after delivery. This does not affect your statutory rights. To do this contact us on 07503864516. You will be required to send the goods back at your own cost.
8.2 Goods must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Goods. Once we have received the item/s back into stock we can give you a full refund.
8.3 Any order for Bespoke Goods may not be cancelled by you, either before or after delivery. We have no obligation to take back these Goods,
8.4 In the event that you order Goods and you arrange for the Goods to be shipped to a location outside of the UK Mainland clause 8.1 is modified to the extent as set out below. You still have the right to return the Goods but it is your responsibility to arrange for the Goods to be shipped back to the UK Mainland. We will collect the Goods from any address on the UK Mainland (maybe a relative’s house or a shipping and storage facility, unfortunately we cannot wait at a port to collect the Goods direct from any vessel).
8.5 If the goods are faulty we will refund you the full cost and arrange collection of the item.
8.6 There is no automatic right of return for any Sale Item purchased and they are sold as seen. Your statutory rights are not affected.
9.1 Finish on products may vary. All our finishes are applied in-house, using our unique hand finishing process, and thus, unlike manmade finishes, there can be slight variations between products. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Some items are more susceptible to this than others (depending on the composition of the galvanising bath at the time of dipping).
9.2 Whilst we guarantee to dip and finish your order in the same batch, we cannot guarantee that subsequent orders will match your original order.
9.3 We cannot accept any responsibility for fading or discolouration, over time. The products will weather differently outdoors and according to location. i.e items in costal areas will weather differently to items positioned in-land.
9.4 We cannot accept any responsibility for discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly.
9.5 We recommend that you wash you items down with soap and water annually, to prevent build up of a normal green residue.
10. Rights of Third Parties
For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
11. Applicable Law
These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of England and Wales
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Turning Off Your Cookies
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This Privacy Notice is a source of information that explains how we, Mckellars Ironwork., as a data controller processes your personal data using this website or other means, including any data you may provide through this website when you purchase a product or otherwise interact with us.
Processing is a broad term and includes (amongst other things) collecting, recording, storing, amending, reviewing, using and deleting personal data. Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The data controller decides how your personal data is processed and for what purpose. The processing of personal data is governed by the General Data Protection Regulation (GDPR).
This website is not intended for children and we do not knowingly collect data relating to children.
Information About Us
McKellars Ironwork is obliged by law to provide the following information:
The website McKellars Ironwork is operated and owned by McKellars Ironwork.
Our address and all communications can be addressed to us at: -
McKellars Ironwork, Tramway Forge, Eardisley, Hereford, HR3 6NS. Alice Mckellar Johnson Of Mckellars Ironwork is responsible for data protection.
The Personal Information We Collect And Use
If you have registered with us, or ordered items from us, we will have your name, email address, telephone number, postal address and the method you chose to make your purchase with.
Who We Share Your Personal Information With
We share your data with the following categories of companies as an essential part of being able to provide our services to you:
Companies that get your order to you, such as payment service providers and delivery companies.
In a few areas of our website we will ask you to provide personal details such as your name and email address. This will only happen when it enables us to provide a better service to you. For example: our contact form.
We do not sell, trade or rent your information to others. You can be sure it will remain confidential and will be used only to help us build a better relationship
We will not share your personal information with any other third party.
How Long Will Your Personal Data Be Kept?
We will hold on to your information for as long is needed to be able to provide the service to you and maintain our company transactional records, or where you have given consent to contact you with offers and other marketing purposes, until you notify us otherwise.
If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep hold of some of your information as required, even after it is no longer needed to provide the service to you.
Your Rights In Relation To Your Personal Data
You have the following rights in relation to our processing of your personal data:
1. Right to be informed
You have the right to be informed about how your personal data is being used - hopefully this Privacy Notice explains it all.
2. Right to access
You have the right to access the personal data we hold on you which allows you to be aware of and verify the lawfulness of the processing.
3. Right to rectification
You have the right to have personal data rectified if inaccurate, out of date or incomplete.
4. Right to erasure
You have the right in certain circumstances to have personal data erased, also known as ‘the right to be forgotten’.
5. Right to restrict processing
You have the right to request the restriction of your personal data in certain circumstances. When processing is restricted, we are permitted to store the personal data, but not use it.
6. Right to object
You have the right to object to any personal data processing which is based on legitimate interests of the controller or public interest unless there are compelling legitimate grounds for the processing which are sufficient to override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
7. Right to data portability
You have the right to request that, in the case of automated data only, where possible we transfer elements of your personal data to another data controller.
8. Right to automated decision making and profiling
You have the right not to be subjected to decisions based solely on automated processing.
For further information on each of these rights, including circumstances in which they apply, please refer to the Information Commissioner’s Office (ICO) website
If you wish to exercise any of the above rights, you can make a request to us verbally, by email or in writing. You will be asked for information to identify yourself showing your name and address. The information will be provided by us within one month of request. We may extend the period of compliance by a further two months where requests are complex or numerous. If this is the case, we will inform you within one month of receipt of request and explain why the extension is necessary.
You have the right to lodge a complaint with the Information Commissioner’s Office (ICO) if you feel any part of the processing of your personal data has not been handled in accordance with the GDPR.
Keeping Your Personal Data Secure
We take your privacy very seriously and comply with our obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate security measures are in place to protect personal data.
We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach where we are legally required to do so.
Updating This Privacy Notice
We will regularly review and, where necessary, update the privacy information in this Privacy Notice. Last reviewed 01.01.2019