Terms & Conditions

Purchases can only be made by people who access this website from within the UK.
In these Terms & Conditions, "we" or "us" means MGN Builders Merchants, "You" means the person seeking to purchase goods from us, and "our" and "you" shall be construed accordingly. "Agreement" means any order which is accepted by us, and "Consumer" means any natural person acting for purposes outside their business.
These terms & conditions will apply to all sales made on this website. You must not continue using the website if you do not accept these terms & conditions. Different terms & conditions apply when you shop in-store or if you are a business with a credit account.
You should read these terms & conditions before placing an order.
These Terms & Conditions shall prevail over any and all other terms or conditions contained or referred to in your order, in correspondence, elsewhere, or implied by trade custom, practice, or course of dealing, unless such other terms or conditions are specifically agreed upon in writing by us.
No variation or exclusion of these terms & conditions shall be effective unless specifically agreed in writing in advance by us.
You acknowledge that you do not rely on any representations made by our employees or agents. Any estimate of quantities needed or advice or recommendation as to the suitability or fitness of any goods for any particular purpose given by our employees or agents is given without liability on our part. You will be entirely responsible for ascertaining the quantities required and the suitability and fitness of the goods for their purpose.
A person who is not a party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that agreement. You may not assign any agreement we have made with you online or any part of it without our prior written consent.
If any provision or part of a provision of these Terms & Conditions is found by any court, or other body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, or unenforceable, then such provision or part thereof shall be deemed severable, and the remaining provisions of the Terms & Conditions and the remainder of such provision shall continue in full force and effect.
The headings appearing above each paragraph are included for reference purposes only and shall not affect or limit the interpretation and effect of these conditions.
These terms & conditions do not affect your statutory rights.

Your Order

By placing an order with us, you are accepting that these Terms & Conditions apply to your order and that our Conditions of Use of Website and our Privacy Policy also apply.
Acceptance of your order will occur when we dispatch the goods you have ordered.
By placing your order, you are confirming that you are 18 years old or older. This is because some goods have a minimum legal age limit. All deliveries must be signed for by a person who is over the age of 18. If we cannot deliver to you because there is no one available to sign for the goods, we will ask you to rearrange delivery, but we may need to make a charge for re-delivery. If no one is available to accept re-delivery, we may cancel your order, deduct the delivery charges, and refund the balance of your money.
When you place an order, payment in full should be made for all goods and any related delivery charges. After you place an order through the website, we will send you an e-mail to confirm that we have received the order.
We reserve the right to reject any order for any reason.
All orders are subject to stock availability. If we are unable to supply your goods within 30 days of you placing your order with us because the goods are unavailable, we will notify you and reimburse the payment made for the goods.

Price

The price payable for the goods sold shall be that set out on our website at the time you place your order.
Any typographical or clerical omission in any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without liability on our part.
We reserve the right to make such alterations to the prices displayed on our website and the availability of goods as we think fit and without giving you notice.
Unless we otherwise agree in writing, all prices shall be deemed to be inclusive of value-added tax. Our VAT number is 346483969.
Delivery charges are not included in the price of the goods and will be payable by you and details of the price you will pay for the delivery will be clearly visible on our website.

Payment

You must pay in full at the time you place your order with us. If for any reason you do not make payment when you place your order, then, without prejudice to any other right or remedy available to us, we shall be entitled to at our option:

Cancel your order or suspend any further deliveries to you, or;
Charge interest to you at the rate of 8% above the Royal Bank of Scotland’s base rate on any money you owe us; such interest is to accrue on a day-to-day basis from the date we deliver the goods until receipt by us of the full amount owed, and be indemnified by you against all costs and expenses (including legal costs and expenses) incurred by us in recovering sums due from you or in exercising our rights.
To ensure that your credit, debit, or charge card is not being used without your consent, we use 3D Secure security methods at the time of payment.

Delivery

Delivery dates or times mentioned on our website and product delivery information or acknowledgement of order or elsewhere are approximate and not of contractual effect and we shall not be liable to you for any failure to deliver on any particular date or dates, or at any particular time, nor shall time be made of the essence by you giving us notice.
Delivery will occur when you take possession of the goods or when the goods are ready for unloading at the delivery address.
Where we, or our agents, deliver to the site, it is on the understanding that there is a suitable road to the point on the site where delivery is requested. If no such road exists, delivery will be made to the nearest point to which, in the opinion of the driver, the vehicle can safely proceed and unload.
Deliveries are to the kerbside only. Except for use of a vehicle-mounted crane, you will provide all necessary labour and equipment required to unload materials promptly and will indemnify us against any cost, claim, loss or damage arising from unloading or delivery, so far as such claims, costs, losses or expenses relate to liability for death or personal injury. Due to insurance, we are unable to enter into the private property.
If you keep our delivery vehicle waiting for an unreasonable period of time or if we are obliged to return without affecting delivery, a justifiable additional charge may be made that reflects the additional cost to us.
If you refuse or fail to take delivery of goods tendered in accordance with your order or we are unable to deliver the goods because you have not provided appropriate instructions, you shall pay us any additional costs or carriage incurred by us.
All deliveries must be received and signed for by a person over the age of 18. If no one is available to take the delivery, we will leave details at the address to rearrange the delivery. We may need to make an additional handling charge for redelivery. Should no-one be available to take the redelivery, we may cancel the order and refund your money, excluding any delivery charges.
The responsibility of the goods shall pass to you upon delivery.

Faulty Goods

You shall inspect the goods upon delivery. If the goods are faulty or have been damaged during delivery, you must notify us the same day upon delivery.
If the goods you purchase are faulty, we may offer a repair, exchange or refund as appropriate in accordance with your statutory and consumer rights. Please contact us at sales@mgnbm.co.uk or telephone us at 01708342222 to arrange a return of faulty goods at our expense.
If a refund, repair or exchange is refused, we reserve the right to charge you any collection costs.
Nothing in this clause is intended to affect your statutory rights or your rights as a consumer.
If any goods develop a fault after 28 days following delivery and the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer directly. We will have no obligation to provide any refund or assistance after the 28 days following delivery.

Delivery Discrepancies

Any delivery discrepancies must be reported within 48 hours. If the packaging appears damaged, it is recommended that this be marked on the delivery note before you sign.

Returns

We hope you'll be pleased with your purchase. If you change your mind and wish to return anything bought from us, we'll be happy to refund or exchange goods you have purchased from us online within 14 days of delivery, providing the following:

The goods you want to return are unopened, unused and in a fully resalable condition.
You will be responsible for returning the goods to us at your own cost and providing proof of return.
A restocking charge of a minimum of 15% will be applied to all the returned items if you bring them to one of our stores.
An additional delivery charge of £30,00 will be applied (the delivery charge may vary depending upon your location and product type), along with the restocking charge if the items have to be collected from your site.
Goods should be returned to us at Litho House, 65 Faringdon Avenue, Romford, RM3 8ST, with proof of purchase and your order details.
You must notify us by email at sales@mgnbm.co.uk if you need to return them prior to returning them.
We aim to process your refund within 14 days of receipt of the returned items.
Refunds can only be made to the original card of purchase.
If the goods you return are not in a fully resalable condition, we reserve the right to refuse a refund on the goods.

The non-resalable items are the following:

Perishable goods.
Made-to-measure or bespoke products which have been made to your specifications are clearly personalised or, by reason of their nature, cannot be returned.
Any product with short shelf life or sell-by date.
Specially obtained/ordered goods.
Boilers have been opened.
Cementitious goods (e.g. cement).
Any bulk bag products
Plaster-based products (e.g. multi-finish).
Mixed paints/liquids
Chemicals/liquids that have been opened.
PIR insulation boards.
Plasterboards
Toilet seats have been opened, due to hygiene purposes.
Sealed/sensitive electrical goods, if in sealed packages that have been opened, e.g., circuit boards.
Goods that have been fitted/installed.
Any goods that have become inseparably mixed with other items/other orders after their delivery.

Due to the nature of these goods, unless they are faulty, we’re unable to offer a refund or exchange. None of the above conditions affects your statutory rights when goods are faulty, or not as described.

Cancellation Rights.

You can cancel any online order (excluding bespoke or made-to-measure products) and receive a full refund (including standard delivery charges) by emailing sales@mgnbm.co.uk (including the order number, postcode and telephone number) or by post to Returns, MGN Builder Merchants Limited, Litho House, 65 Faringdon Ave, Romford, RM3 8ST at any time before the product is dispatched.
Refunds will be paid to the payment card used to place the order and will be made as soon as possible, no later than 14 days after our receipt of the returned Products, or 14 days after our receipt of evidence of the return of the Products to us. We are permitted to reduce your refund to reflect any reduction in the value of the Products which is due to the manner in which you have handled them.
Please note that if you cancel an order after the Product has been dispatched, you will be charged the cost of delivery. If you cancel a Product that has been delivered, you will be responsible for returning the Product to us at your cost, and this must be within a 14-day period from receiving the goods. Items that are excluded from refunds are listed above in Returns.

Terms and Conditions for Promo Codes

General Terms
1. Eligibility: Promo codes are valid for use by customers who place orders on our website.
2. Order Value Requirement: The promo code discount is only applicable to orders with a total value of £400 or more, including VAT.
3. One-Time Use: Each promo code can be used only once per customer unless otherwise specified.
4. Expiry Date: Promo codes are valid until the specified expiration date. After the expiration date, the promo code will not be valid for any purchase.
5. Non-Transferable: Promo codes are non-transferable and cannot be exchanged for cash.
6. Combining Discounts: Promo codes cannot be combined with other discounts, promotions, or offers unless explicitly stated.
7. Minimum Spend: The minimum order value of £400 must be met after any other discounts are applied and before shipping charges are added.
8. Availability: Promo codes are subject to availability, and we reserve the right to withdraw or amend the offer at any time without prior notice.
Redemption
1. Application: To redeem a promo code, the code must be entered at the checkout before completing the purchase. If the code is not applied at the time of checkout, we cannot apply the discount retrospectively.
2. Valid Products: Promo codes may be limited to specific products or categories. Please refer to the individual promo code terms for details.
3. Limitations: Promo codes are only applicable to orders placed through our official website and are not valid for orders placed through third-party websites or marketplaces.
Cancellation and Refunds
1. Returns: If an order made using a promo code is cancelled or returned, the value of the promo code will not be refunded or reissued.
2. Partial Returns: If an order made using a promo code is partially returned and the remaining order value falls below the minimum required spend of £400, the discount will be forfeited, and the refund amount will be adjusted accordingly.
3. Order Changes: If changes are made to an order that affects the order value and brings it below the required £400, the promo code discount will no longer be applicable.
Miscellaneous
1. Fraud: Any attempt to manipulate the system or use promo codes fraudulently will result in the order being cancelled and the account being barred from future transactions.
2. Legal Compliance: Promo codes are issued in compliance with applicable laws and regulations. The use of promo codes is subject to these laws.
3. Amendments: We reserve the right to amend these terms and conditions at any time. Continued use of promo codes following any such amendments will be deemed to be acceptance of such amendments.
By using a promo code, you agree to these terms and conditions. If you have any questions or need further assistance, please contact our customer service team.

Publication of Reviews and Comments

Publication of negative material relating to MGN Builders Merchants services, agents, or products that is untrue may result in action being taken against the publisher without further notice being given by us. We reserve the right to remove this material.

Liability

Nothing in these Terms & Conditions shall limit or exclude our liability for:
Death or personal injury resulting from our negligence or the negligence of our employees, agents or subcontractors.
Fraud or fraudulent misrepresentation.
Breach of the terms implied by Section 12 of the Sale of Goods Act 1979.
Defective products under the Consumer Protection Act 1987.
Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
We shall not be liable for any consequential, indirect, economic, or special loss, or for any loss of profits, loss of business, loss of revenue, loss of goodwill or loss of anticipated savings, whether arising from a breach of contract, tort, including negligence, breach of statutory duty, misrepresentation, or otherwise.
We will take all reasonable precautions to keep your details secure but we will not accept liability for any losses caused by unauthorised access to information provided by you. Please see our Privacy Policy.

Measures/Images

We may supply all or any of the goods in either metric or imperial sizes in the nearest equivalent measure, and goods may be charged in metric measure, allowing for conversion.
Where fine or special tolerances are required in the goods supplied beyond those generally accepted in the building trade, no liability shall attach to us unless such fine tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such order.
Images contained within this site may vary from the actual product. Please check the product description and additional information for more details on the item. If the product information is unclear, please get in touch with us for further information.

Package and Waste

You will be solely responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations and waste management licences relating to such waste. You will indemnify us against all costs, claims, liabilities and expenses incurred by us arising from or in connection with any breach by you of this clause.

Matters Beyond Our Control

We shall be under no liability for any loss, damage, delay or expenses caused wholly or in part by an Act of God, an outbreak of war, civil commotion, governmental policies or restrictions or control, including restrictions of export or import or other licenses, trade or industrial disputes of whatever nature, whether or not such dispute involves us, our employees or agents, or by any other event whatsoever which is beyond our control, and in any such circumstance, we may omit goods from, or cancel, your order, or postpone delivery of the goods ordered.

Non-waiver of Rights

The failure by either you or us to exercise or enforce any rights conferred by this contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right at any time thereafter.
Nothing in these Terms & Conditions will affect the terms of any manufacturer’s warranty or guarantee.
Nothing in these Terms & Conditions will affect your statutory rights.

Health and Safety

Certain products supplied by us could, if incorrectly used, pose risks to health and safety. Information in respect of such products is available from us. You undertake to us that you will ensure compliance so far as is reasonably practicable by your employees, agents, licensees and customers with any instructions given by us or the manufacturer for the purpose of ensuring that the goods will be safe and without risk to health when properly used and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of person handling, using or disposing of them.

Notices

Any notices hereunder to us shall be in readable form and sent to us at Online Cancellations, MGN Builder Merchants Limited, Litho House, 65 Faringdon Ave, Romford RM3 8ST, or sent by email to us at sales@mgnbm.co.uk. Any notices that we give you hereunder may be sent to the address you provided to us on registering with our website. Any notice hereunder shall be deemed to have been delivered if sent by post, 2 days after posting, or if sent by email on the day the email was received on the next working day after transmission.

Our relationship with you shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts.