MagScapes Terms of Business

Trading Names

We operate the website www.magscapes.com. “MagScapes” and “MagScapes.com” are trading names of MagScapes Ltd. Registered in England No. 05822080. Vat registration number: 211 3174 62 whose registered office is at 5 Albemarle Way, London, EC1V 4JB. 

These terms and conditions of sale are for our website/s and direct customers. 

Definitions

In these conditions the following words shall have the following meanings:

The “Buyer” shall mean the company, firm, consumer or person seeking to purchase the Goods from the Company.
The “Company” shall mean MagScapes Limited.
The “Contract” any contract for Goods or Services made between the Company and the Buyer.
The “Goods” shall mean the (non-customised) products, articles or things sold by the Company.
The “Services” shall mean customised products and/or services provided by the Company to the Buyer.

1. Price

Any price quoted by the Company is based upon current prices ruling as at the date appearing on the quotation, but the actual price charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company) current as at the date of order and shall include the cost of shortage and insurance (if any) as per clause 5.3 below.

2. Payment

Customers are responsible for ensuring that all goods are paid for in full, before delivery. Payment must be in cleared funds to avoid delay in receiving the Goods. The Seller shall not be bound to give up possession of the Goods until it shall have received payment in cleared funds.

3. Delivery

3.1 Any time or date stated on a quote or order, or given verbally, is given as an estimate only. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The company shall not be liable for any costs or other losses incurred by the Buyer, the agents or any other third party due to an installation schedule committed to by the Buyer prior to the Goods being received and checked.

3.2 The Company shall have no liability whatsoever for any failure to perform, or any delay in the performance of, any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its direct control, such as the availability of goods from third parties.

3.3 The Company shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Signature of any note by an agent, employee or representative of the buyer shall be conclusive proof of delivery. The Buyer must within 48 hours of delivery inspect the goods and immediately advise the Company of any damage for investigation. Quantities of goods supplied should be confirmed at point of delivery, subsequent claims for shortages must be made within 3 months of order or will not be accepted. Risk of loss or damage to the Goods passes to the Buyer when the Goods are accepted by the Buyer or the Buyer's representative or agent.

3.4 The Buyer agrees to accept delivery within 3 months of the order being fully available. In the event of the Buyer not accepting the goods within this period, the Company reserves the right to charge storage and insurance of the goods at the rate of 2% of the total order value per month or part thereof.

3.5  It is the buyer's responsibility to either be present or have someone represent them at the delivery address on the day of delivery.
- MagScapes' liability for any item terminates the moment the delivery is signed for at the delivery address chosen by the buyer, whether the buyer is present or not.
- Should the buyer request for the delivery to be left in a safe place, MagScapes will refuse any liability should the item go missing. Once the item is left by the courier in the safe place of choice, MagScapes will consider such act as a signature from the buyer and any liability for it on MagScapes' side terminates immediately and it is the buyer's responsibility to liaise with the courier company to retrieve or locate any missing items. 

3.6  Where goods delivered by MagScapes are received by the customer damaged, MagScapes must be notified within 24 hours of delivery in order for replacement goods to be re-sent free of charge. No such claims will be accepted after the 24 hours has elapsed.

4. Returns

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.


Non-stock products, usually Custom products, are exempt from being returned.


To complete your return, we require a receipt or proof of purchase.


Please do not send your purchase back to the manufacturer.


4.1 Cancellation Charges:


Stock Products:
Prior to deliver - no charge

After delivery, in original (unopened) packaging - 25% admin charge

After delivery, opened packaging - not cancellable

Non-Stock (Custom) Products:
Prior to deliver - not cancellable

After delivery, in original (unopened) packaging - not cancellable

After delivery, opened packaging - not cancellable


4.2 Refunds (if applicable)


Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.


If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.


4.3 Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
 Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@magscapes.com.


4.4 Sale items (if applicable)

Only regular priced Stock items may be refunded, unfortunately, sale or custom items cannot be refunded.


4.5 Exchanges (if applicable)

We only replace items if they are defective or damaged.

To exchange or return your product, you should send it to:

Returns to MagScapes Warehouse
:
c/o Lightwood Plc., Unit 4 Weald Hall Farm, North Weald, Essex, CM17 9LD.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. 
Depending on where you live, the time it may take for your exchanged product to reach you, may vary. 
If you are shipping an item over £75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

5. Warranty and Liability

5.1 The Company shall make good by reimbursement of the whole or part of the price or at its option by repair or by replacement any defect developing under normal use of the Goods, provided that the defect in question shall have appeared within 12 months after the Buyer shall have taken possession of the Goods or performance of Services completed, and shall have thereupon promptly notified the Company in writing, and any Goods alleged to be defective shall, if so required by the Company, be made available for collection by the Company. If the Goods are found to be defective any return carriage, delivery expenses and/or direct and predictable reasonable expenses incurred solely due to defective goods will be reimbursed to the Buyer upon provision of evidence of such expense. In the event of the Goods not being defective the Buyer will be liable to reimburse the Company any reasonable expenses or costs incurred by the Company and/or it's agents. The Company shall not be liable for any claim or claims relating to any breach of warranty expressed or implied, brought after 12 months of the date of delivery. Extended warranties of 10 years apply only to MAG wallcoverings.

5.2 The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this contract.

5.3 The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.

5.4 Although the Company offers comprehensive advice on the products supplied, the Company shall not be held liable for the suitability of goods, as full installation details cannot be determined at point of sale. All fittings purchased for installation should be confirmed to be suitable by the Buyer and/or the Buyer's installer.

5.5 Supply of Goods Custom Made
- Under the Consumer Protection (Distance Selling) Regulations 2000 you have a legal right to cancel your order. However, this cancellation right does not apply in the supply of Goods custom made to the clients’ specifications. For Goods that are custom made to the clients’ specification, we are unable to accept returns.
- Subject to the following provisions the Seller warrants that the Goods will correspond with their specifications at the time of delivery.
- The Seller shall be in liability in respect of any defect in the Goods arising from any specifications supplied by the Buyer
- The Buyer must inspect the Goods before they are used. Any problems should be notified to us 14 days of you receiving your order.
- The Seller cannot take responsibility for decorators booked in advance of receipt of Goods. Please wait until you have received your wallpaper and checked it before booking your paper hanger
- The Seller is not liable to provide compensation for Goods damaged by being incorrectly applied or hung.

6. Overseas Orders

Each country may impose import tariffs and sales taxes as determined by its customs and laws.
As such, payment of these tariffs are the responsibility of the buyer.
MagScapes will advise that it is the responsibility of the buyer to pay and settle such charges.
MagScapes will not amend or falsify any documents that may be construed as assisting the buyer or importer avoid such expenses.
Should the buyer refuse to pay any taxes and/or handling charges once the delivery has reached customs and return to the seller, all extra expenses incurred by the seller will be charged to the buyer and retained from the amount of the refund, should this be applicable. 

7. Proper Law and Notices

All contracts made between the Company and the Buyer shall be governed by English Law and the Buyer shall submit to the jurisdiction of the English Courts. Any notice required to be given in writing under the Contract shall be given either by facsimile transmission to the Company's head office or by first class post addressed to the registered office and/or head office of the party for which it is intended.

8. Shipping & Delivery

Our warehouse and deliveries are still operating as normal.

We work with a network of global courier services to offer you the best shipping options available. If you place your order before 12.00pm GMT on Monday to Friday, our warehouse will process your order the same day. Orders placed after 12.00pm GMT, will be processed on the next working day. Orders made on Saturday and Sunday are processed on Monday morning.

Like all online businesses, we use third party global courier companies to efficiently collect and deliver your goods to you. When the goods leave our warehouse, the courier company has responsibility to deliver it to you. Whilst we can give estimates of when your delivery will arrive, based on the courier company's information to us, we cannot guarantee their performance, as they are a separate company.

We will liaise with the courier company in the unlikely event of any delays to ensure you know what is happening with your delivery, and to ensure you receive it. Customer care is very important to us so we will do everything in our power to ensure your satisfaction.

The table below outlines safe estimates for delivery times. Please note: the number of days refers to working days only.

Region

UK
2-3 working days delivery (free shipping minimum spend £50)

EU Countries*
2-3 working days delivery (free shipping not available)

Rest of Europe**
4-5 working days delivery (free shipping not available)

United States, Canada,
Mexico & Puerto Rico
5-6 working days delivery (free shipping not available)

Rest of the World***
5-6 working days delivery (free shipping not available)

*EU countries included are Beligum, France, Germany, Holland, Italy, Luxemborg, Monaco, Austria, Azores, Denmark, Greece, Maderia, Portugal, Spain (excluding Canary Islands, Ceuta and Melila), Sweden, Croatia, Czech Republic, Hungary, Poland, Slovak Republic, Slovenia, Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta and Romania.

** Rest of Europe consists of Andorra, Ceuta, Channel Islands, Iceland, Liechtenstein, Melilla, Norway, San Marino, Switzerland, Albania, Belarus, Bosnia-Herzegovina, Faroe Islands, Gilbraltar, Greenland, Kazakhstan, Krygyzstan, Macedonia, Molodova, Montenegro, Russia, Serbia, Turkey and Turkmenistan Ukraine and Uzbekistan.

*** Rest of World consists of Anguilla, Antigue and Barbuda, Armenia, Aruba, Azerbaijan, Bahamas, Barbados, Barbuda, Bermuda, British Virgin Islands, Cayman Islands, Dominican Republic, Georgia, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, Mongolia, Montserrat, Nevis, New Zealand, South Africa, St. Barthelemy, St. Christopher (St, Kitts), St. Lucia, St. Thomas (US. Virgin Islands), St Vincent and the Grenadines, Tajikistan, Tortola, Trinidad and Tobago, Turks and Caicos Islands, Afghanistan, American Samoa, Argentina, Bahrain, Bangladesh, Belize, Bhutan, Bolivia, Brazil, Brunei, Cambodia, Chile, China, Colombia, Costa Rica, Dominica, East Timor, Ecuador, Egypt, El Salvador, Fiji, French Guiana, French Polynesia, Gaza, Guam, Guatemala, Guyana, Honduras, India, Iraq, Israel, Jordan, Kuwait, Macau, Maldives, Myanmar, Nepal, Nicaragua, Nigeria, Oman, Pakistan, Panama, Papua New Guinea. Paraguay, Peru, Qatar, Samoa, Saudi Arabia, Sri Lanka, Suriname, Tahiti, United Arab Emirates, Uruguay, Venezuela, Vietnam, West Bank (Gaza), Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde Islands, Central Africa Republic, Chad, Comoros, Democratic Republic of Congo, Cook Islands, Ivory Coast, Dijbouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Kiribati, Kosrae (Micronesia, Federated States of), Laos, Lebanon, Lesotho, Liberia, Libya,Madagascar, Malawi, Mali, Marshall Islands, Mauritania, Mauritius ,Mayotte , Micronesia (Federated States of), Morocco, Mozambique, Namibia, New Caledonia, Niger, Northern Mariana Islands, Palau, Ponape (Micronesia, Federated States of), Reunion, Rota (Northern Mariana Islands), Rwanda, Saipan (Northern Mariana Islands), Senegal, Seychelles, Sierra Leone, Solomon Islands, Swaziland, Tanzania, Tinian (Northern Mariana Islands), Togo, Tonga, Truk (Micronesia, Federated States of), Tunisia, Tuvalu, Uganda, Vanuatu, Wallis and Futuna Islands, Yap (Micronesia, Federated States of), Yemen, Republic of, Zambia and Zimbabwe.

9. Statutory Rights