Terms and Conditions - MS Guardio

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Terms and Conditions

Welcome to msguardio.com.

Your use of msguardio.com together with any order(s) you place on our website constitutes your agreement to be bound by our terms and conditions set forth below.

In these terms and conditions (“agreement”) “msguardio.com” or “the company” means MS Guardio Limited and “you” or “the customer” means the person or organisation to whom msguardio.com has agreed to supply goods under this agreement.

These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age and accept delivery within our served areas. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions. Msguardio.com may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on the website.

  1. Entire Agreement
    1. All goods and services provided to you by msguardio.com are subject to these terms and conditions. Any conditions in a customer order or enquiry form, which conflicts with any of our terms and conditions or in any way qualifies or negates the same, shall be deemed inapplicable to any order placed with us unless expressly agreed in writing by a director of msguardio.com.
  2. Price and Order
    1. The price payable for the goods is set out on the website at the time you place your order.
    2. While we try and ensure that all prices on our website are accurate, errors may occur. In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund back to the original form of payment.
    3. In the case of a change of price, msguardio.com will always contact you first to ensure that the price is acceptable.
    4. Bespoke orders. Order Confirmations are sent by msguardio.com to the customer in advance of manufacturing orders for bespoke products. Order Confirmations give the product description, measurements and specifications. The customer must approve the order confirmation in writing before production is commenced. Bespoke orders are non-returnable products. Please see our returns policy below.
    5. If the product is no longer available msguardio.com will seek to offer you a suitable alternative.
    6. Items will be paid for at the point of order. In the event that items are not available you will be given the option to cancel the order in accordance with Section 5 – Order Cancellation.
  3. Use of copyrighted material
    1. msguardio.com permits you to view and use the material and data on this site solely for your personal and non-commercial use. The content of this site such as text, graphics, images, and other materials (“Materials”), are protected by copyright under both England & Wales and foreign law. Unauthorised use of the material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials and on any copies you make of the Materials for your personal use.
    2. You may not sell or modify the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in any networked computer environment for any purpose is prohibited. If you violate the terms of this Agreement, msguardio.com and Service Provider reserve the right to terminate your access to the Site, and you must immediately destroy any copies you have made of the Materials.
    3. Authority to use our data in a way that contravenes these conditions must come in writing from us, and will only be valid for the time period stipulated in the letter.
  4. Delivery
    1. Orders of items that are in stock are dispatched within a week. The delivery time depends on the delivery location and method. Most goods are delivered by courier or by post, depending on their size and value. For each order you will be asked or advised about delivery dates as part of the order process. We will advise you about which delivery method we will use when we send you the shipping confirmation email, which will be sent to you when the goods are dispatched from our premises. Occasionally different goods in the same order may be delivered separately.
    2. Goods which are dispatched using a courier service are usually delivered on the next working day. For destinations including Scottish Highlands and Northern Ireland delivery may take 4-5 days. Standard products that have to be manufactured we aim to deliver in 7-14 days to mainland Britain destinations, excluding Scottish Highlands. Bespoke items are usually delivered within 2-3 weeks, depending on the quantity. For bespoke items a delivery estimate will be provided at the time of confirming the order details.
    3. Goods which are sent by post will usually arrive within 4 days; however, this is a service objective and not a guarantee.
    4. Delivery time estimates. MSGuardio.com provides delivery arrival estimates and it is always our goal to meet our expected delivery time, but estimates are not guarantees. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods and time is not of the essence.
    5. Signature upon delivery. Items sent by courier must be signed for upon delivery. Therefore you or a nominated person must be available to sign for receipt of order. We may permit you to send the item to an address other than the card holders to facilitate this. If delivery is attempted, but no one was available to sign for it, we reserve the right to charge you for any subsequent delivery attempts.
    6. Delivery charges.  All prices on our website are exclusive of delivery charges which will be added to the price of the products at the checkout, should there be a charge.
    7. Northern Ireland (BT), Isle of Man (IM), Isle of Wight (HS), Scottish Highlands and Islands including but not limited to Orkney Isles (PA, ML, EH, KA, G, KY, PH, DD, AB, IV, KW), Outer Hebrides and the Shetland Isles (HS, ZE) may have higher delivery costs and may also experience delivery delays.
    8. Responsibility.  As soon as we have delivered the goods to your door, or to a nominated person, you will be responsible for them. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk.
    9. Damage, non-delivery or shortage for goods delivered by courier.
      1. Damage in transit.  We make every effort to ensure your products reach you in good condition. Goods must be inspected on arrival and if goods arrive in a damaged condition you must make a note on the courier’s delivery consignment note or refuse to accept the goods. It will be your responsibility to inform us in writing of goods arriving in a damaged condition.  No claim for damage in transit will be accepted by msguardio.com unless notice in writing is given to msguardio.com within 2 days of delivery.
      2. Shortages.  It is your responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 2 days from delivery.
      3. Incorrect Goods.  It is your responsibility to notify in writing us of any incorrect goods supplied within 3 days from delivery.
      4. Non-Deliveries. We will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date.
      5. For the purpose of calculating the number of days in this Section 6, the first day is the date of delivery in the case where delivery has been fully or partially carried out. In the case of complete loss, the first day is the date on which the delivery was due to be made.
    10. Damage non-delivery or shortage for goods delivered by post.
      1. Damage in transit. If a package is received damaged you must notify msguardio.com in writing within 10 days of the date on your msguardio.com shipping confirmation email. It is likely that msguardio.com will reject any claims received after this time.
      2. Non-deliveries. You should notify msguardio.com in writing if a package sent by post has not been received 10 days after the date on your msguardio.com shipping confirmation email, and not later than 28 days after the date on your msguardio.com shipping confirmation.
    11. Returned goods.  If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an additional administration fee of 15% of the price of the goods along with the cost of carriage will be charged to your credit card account.
  5. Order Cancellation
    1. You have the right to cancel your order free of charge at any time before your items have entered the dispatch process, with the exception that a cancellation will not be accepted in any circumstances where a product has been specially manufactured to fulfil the order and is deemed to be a bespoke order (see Price and Order 2.b., Returns Policy, especially 6.b, 6.p).
  6. Returns Policy
    1. We want you to be satisfied when you shop with us. However, occasionally, we know that you may want to return items. For information on this process please see our returns policy below.
    2. No Fault Returns within 7 days. We strive to make sure you find the product you need and provide the highest quality items so you don’t have to deal with returns. However, if you are unsatisfied with your purchase, we aim to make the returns process as simple as possible.
    3. You have the right to cancel the contract for the purchase of any item within seven working days of delivery, provided that the items have not been manufactured specifically for you and to your requirements (“Bespoke Order”).
    4. Before returning an item, you must first inform msguardio.com in writing of your intention and obtain a Returns Authorisation Number from msguardio.com. You can notify msguardio.com by  email to [email protected]. The Returns Authorisation Number will be valid for 7 days and it will be your responsibility to return the goods to us at your own cost and risk within that time. We may be able to arrange this on your behalf for a fee which will be advised at the time of booking such a service.
    5. The goods must be received by msguardio.com unused and ‘as new’ in their original box and packaging including all manuals and accessories.
    6. If you have decided to cancel your order or wish to return your products to msguardio.com we will refund your credit card within 30 days of cancellation or from when we receive the goods, whichever is later.
    7. If you inform us in writing that you wish to return your item within seven days from the order, we will give you a full refund, less any charges for return delivery and any extra services.
    8. No Fault Returns after 7 days After seven days, we reserve the right to refuse to accept a returned item unless the reason for the return is that the product is faulty in which case the Faulty Returns procedure should be followed.
    9. If we agree to accept the return of an item after 7 days, we reserve the right to deduct a re-stocking fee and or a delivery cost recovery fee from the amount refunded in accordance with the European Union distance selling directive. Msguardio.com cannot accept items over 30 days old unless defective and covered under warranty (warranty replacement only).
    10. If goods are received back ‘as new’ but incomplete with missing components and accessories we will charge the cost of the accessories to you. Goods received back in any condition other than ‘as new’ will be returned back to you, at your cost. Any goods returned and sustaining damage in transit will not be refunded in full if they were not packaged in the original packaging.
    11. Please allow up to 4 weeks for processing of your returned shipment.
    12. Faulty Returns – goods not working on arrival or not made to the correct specification. A product is deemed to be faulty on arrival if it shows symptoms of a failure preventing basic operation upon its first use out of the box. In such instances please contact customer services within 3 days from the delivery date. You can then either return the faulty item directly or we will organise a collection. Upon receipt of the goods and confirmation of the fault by our product support team you will be offered the following options:
      1. A replacement of this item will be shipped to you at our own expense.
      2. A repair of the faulty item will be arranged at our own expense. Please note that once repaired the product is no longer eligible for replacement.
      3. A full refund will be applied to the original form of payment, provided the item has been received by us, verified faulty and is complete with all accessories in its original box and packaging.
    13. Our agreements with some manufacturers enforce us to arrange a repair to a product rather than exchange – if this is the case, the manufacturers rules will apply and faulty items will be repaired and returned back to you; we will be unable to offer a replacement unless the fault is not repairable.
    14. If the product is not deemed to be faulty by our product support team then you will be offered the following options:
      1. Return of the goods the cost of delivery charged to you.
      2. Refund the invoice cost less any applicable delivery and collection charges provided the product is ‘as new’ and complete with all accessories in its original box and packaging. If the condition of the product or the packaging is poor then we reserve the right to impose a charge to cover re-packaging costs. Missing accessories will also be charged to you.
    15. Please be aware you are responsible for ensuring the product is suitably packaged for return. The cost of any damage caused due to insufficient packaging will be charged to you. This charge will be at least 15% of the purchase value. The goods must be returned in the original packaging. We recommend the original packaging be kept for no less than three months in case of a fault developing or any other transit requirements you might have.
    16. This does not apply to faults caused by accident, neglect or misuse, for which there will be no refund or exchange.
    17. Non-returnable Products.  Products manufactured to your specific requirements, including bespoke products subject to the order confirmation process described in Section 2 – Price and Order may not be returned unless faulty.
    18. This returns policy does not affect your legal rights.
  7. Reservation of Title
    1. Title to the goods shall remain vested in msguardio.com and shall not pass to you until the purchase price for the goods has been paid in full and received by msguardio.com. Until title to the goods passes:
    2. We shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods;
    3. Msguardio.com and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the goods or any part are stored, or upon which we reasonably believe them to be kept;
    4. You shall store or mark the goods in a manner reasonably satisfactory to us indicating that title to the goods mains vested in us; and
    5. You shall insure the goods to their full replacement value, and arrange for us to be noted on the policy of insurance as the loss payee.
    6. Irrespective of whether title to the goods remains vested in us, risk in the goods shall pass to you upon delivery.
  8. Other

Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you.

Privacy Policy

MS Guardio Limited (Registered number 7747626), whose registered office is at New Burlington House, 1075 Finchley Road, London NW11 0PU, knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes our privacy policy and forms part of our website terms and conditions (agreement).

1.   Summary

Any information that you provide to us will be stored and processed in accordance with the Data Protection Act 1998.

We will hold and transmit your information in a safe, confidential and secure environment.

We will not sell or rent your personal information to third parties.

We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. By submitting information to msguardio.com, you consent to the collection and use of this information by msguardio.com and its Service Provider or providers.

To better tailor our services to our customers’ needs, we may use anonymous and aggregate information to help us make decisions on how to improve msguardio.com.

By becoming a new customer or by visiting msguardio.com (“the Website”) you are accepting and consenting to the practices described in this Privacy Policy.

The Website is brought to you by MS Guardio, Ltd. (msguardio.com). Msguardio.com believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do. You should read this policy in conjunction with the terms and conditions of which it forms a part.

2.   Collecting your data

When we first obtain Personal Data from you, or when you take a new service or product from us, we will give you the opportunity to tell us if you do or do not want to receive information from us about other services or products (as applicable). You can normally do this by ticking a box on an application form or contract. You may change your mind at any time by emailing us at the address in Further Information below.

We may collect Personal Data about you from a number of sources, including the following:

  1. From you when you agree to take a service or product from us, in which case this may include your contact details, how you will pay for the product or service and your bank details.
  2. From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.
  3. From documents that are available to the public, such as the electoral register.

3.   Using Your Personal Information

Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:

  1. To help us to identify you when you contact us.
  2. To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies.
  3. To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future.
  4. To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.
  5. To help to prevent and detect fraud or loss.
  6. To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners unless you have previously asked us not to do so.
  7. We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
  8. We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.

4.   Disclosure to third parties.

We will not disclose your Personal Data to any third party except in accordance with this Privacy Policy.

We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:

  1. If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.
  2. If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
  3. If we employ companies and individuals to perform functions on our behalf we may disclose your Personal Data to these parties for the purposes set out in this clause 9.c. or, for example, for fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. Those parties are bound by strict contractual provisions with us and only have access to Personal Data needed to perform their functions, and may not use it for other purposes. Further, they must process the Personal Data in accordance with this Privacy Policy and as permitted by the Data Protection Act 1998.  From time to time, these other people and organisations to which we may pass your Personal Data may be outside the European Economic Area.  We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and the Data Protection Act 1998.

5.   Third party data

Where you give us Personal Data on behalf of someone else, you confirm that you have provided them with the information set out in this Privacy Policy and that they have not objected to such use of their Personal Data

6.   Fraud prevention and credit checks

In connection with any transaction which we enter into with you, we, and other companies in our group, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.

If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud

7.   Security

We take all security issues very seriously. We understand that security is a major concern to some customers and therefore implement security systems that provide security to the latest industry standards.

We are confident that credit card information entered on this site will not be accessed by any unauthorised person or company. Our secure sockets layer (SSL) encryption uses 128-bit encryption: the highest level possible.

As customers enter our checkout process, all browsers go into secure mode. Secure mode is indicated by the appearance of a locked padlock icon at the bottom of the browser screen.

Customer credit card details are not held on the Internet. Once a payment is validated and approved, credit card details are deleted. As a result, customers are required to re-enter credit card details each time an order is placed online with us. Although inconvenient, this ensures maximum security for ordering online at msguardio.com.

We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

We do not store debit or credit card information.

We do not share debit or credit card information with third parties

8.   Internet

If you communicate with us using the Internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send us an email (at the address set out in j. Further Information below) at any time if you change your mind.

Please remember that communications over the Internet, such as emails and web mails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the Internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.

We may use ‘cookies’ to monitor how people use our site. This helps us to understand how our customers and potential customers use our website so we can develop and improve the design, layout and function of the sites. A cookie is a piece of information that is stored on your computer’s hard drive through your browser, to recognise your browser and which records how you have used a website. This means that when you go back to that website, it can give you tailored options based on the information it has stored about your last visit. You can normally alter the settings of your browser to prevent it from accepting cookies.

If you do not want us to use cookies in your browser, you can set your browser to reject cookies or to tell you when a website tries to put a cookie on your computer. However, you may not be able to use some of the products or services on our website without cookies.

Turning off Cookies in Different Browsers

The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacture

9.   Links

The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.

These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements that appear on the Website directly to your browser. They automatically receive your IP address when this happens. They may use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called “ad networks” or “network advertisers”), including information about how to opt-out of their information collection.

We exclude all liability for loss that you may incur when using these third party websites

10.   Further Information

If you would like any more information or you have any comments about our Privacy Policy, please either write to us at Data Protection Manager, MS Guardio, Ltd., New Burlington House, 1075 Finchley Road, London NW11 0PU, or email us at [email protected].

We may amend this Privacy Policy from time to time without notice to you, in which case, we will publish the amended version on the Website.  You confirm that we shall not be liable to you or any third party for any change to this Privacy Policy from time to time.  It is your responsibility to check regularly to determine whether this Privacy Policy has changed.

You can ask us for a copy of this Privacy Policy and of any amended Privacy Policy by writing to the above address or by emailing us at [email protected]. This Privacy Policy applies to Personal Data we hold about individuals. It does not apply to information we hold about companies and other organisations.

If you would like access to the Personal Data that we hold about you, you can do this by emailing us at [email protected]  or writing to us at the address noted above. There may be a nominal charge of £10 to cover administrative costs.

We aim to keep the Personal Data we hold about you accurate and up to date.  If you tell us that we are holding any inaccurate Personal Data about you, we will delete it or correct it promptly. Please email us at [email protected]  or write to us at the address above to update your Personal Data.