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IMPORTANT: PLEASE READ AND KEEP A HARD COPY

THE MAKRO CATALOGUE: TERMS AND CONDITIONS OF SALE

1. GENERAL

Makro is a trading name of Makro Self Service Wholesalers Limited (referred to as “Makro”). You acknowledge that your purchase of goods from the Makro Catalogue (“use/using”) is subject to these Makro terms and conditions.

You should:

2. CONTRACT

2.1 Makro may change these terms and conditions at any time. Any such changes will take effect when posted on  Makro’s website www.makro.co.uk. Your placing of an order is deemed to indicate your acceptance of the most recently published terms and conditions together with Makro’s Privacy Policy. By placing an order you confirm that you are 18 years of age or over. If you are purchasing as a business, the provisions of the Consumer Protection (Distance Selling) Regulations 2000 shall not apply.

2.2 Any order that you place will be subject to these terms and conditions. You are responsible for ensuring that all the details you give are correct as Makro cannot be held liable for any mis-delivery arising out of incorrect information that you have provided.

2.3 Once you have confirmed the details of your order Makro will send you an order acknowledgement detailing the products you have ordered. Please note that this acknowledgement is neither an order confirmation nor order acceptance from Makro.

2.4 Acceptance of your order and the completion of the contract between you and Makro will take place on despatch to you of the products ordered unless Makro has notified you that Makro does not accept your order.

2.5 Makro recommends that you keep a hard copy of these terms and conditions and your order acknowledgement from Makro.

3. DELIVERY

3.1 Products in the Makro Catalogue are only for delivery of products to customers in mainland UK and Northern Ireland addresses. All goods must be signed for by an adult aged 18 years or over on delivery. In respect of delivery of age restricted goods, your order is deemed confirmation that you are over 18 years old and that you accept that Makro reserves the right to refuse delivery to anyone appearing to be under 25 years old.

3.2 Delivery charges and estimated timescales are specified when you place an order. Makro will make every effort to deliver goods within the estimated timescales. However Makro shall be under no liability for any delay or failure to deliver the products within estimated timescales.

3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by Makro.

3.4  Where delivery is delayed due to the lack of accurate delivery instructions you shall be liable for Makro’s storage costs at 2% of invoice value for each completed month which delivery is delayed beyond the stated delivery date.

3.5 If Makro attempts to deliver and such an attempted delivery is not possible due to your refusal to accept the goods for whatever reason you shall be liable for all costs and expenses incurred by Makro in respect of the abortive delivery.

3.6 Makro reserves the right to make partial deliveries when required by Makro.

3.7 Delivery Leadtimes

*In most cases, if you submit your order before 3pm Monday to Friday, then your order will be despatched the same day.
Orders submitted on Friday after 3pm, Saturday or Sunday or Bank Holiday will be despatched on the next working day and will be delivered within the next 3 - 5 working days
Certain products are delivered direct from Makro’s supplier, an estimate of the delivery leadtime is shown on each product page.

3.8 Delivery Charges: For deliveries to Mainland UK and Northern Ireland, Makro’s standard delivery charge of £5 plus VAT would apply to orders of £30 or less (excluding VAT and delivery costs). Makro offers free delivery to these areas for orders over £30.
Deliveries to the Highlands and Islands carry a delivery charge of £8.95 plus VAT for orders of £30 or less (excluding VAT and delivery costs) and £3.95 plus VAT for orders over £30. 

For “Big & Bulky” items, as indicated by a "Big & Bulky” icon on the product page, a delivery charge of £35 will apply. If you order more than one “Big & Bulky” item, then you will only pay 1 x £35.

3.9   You must report any goods that are damaged on delivery within 72 hours to the Makro Customer Services team by telephone or email. You need to inspect large goods such as fridges, freezers and cookers on delivery for damage. Makro requires you to sign a delivery note setting out any damage that the inspection reveals as resulting from delivery. Missing goods, or those delivered faulty or defective may be refunded at Makro’s absolute discretion provided you inform Makro’s Customer Services team within 72 hours of receipt of goods. Makro may ask you to dispose of certain goods, safely, in accordance with Makro’s instructions.

4. PAYMENT

4.1 Makro will take payment from you via its secure payment system at the time Makro receives your order. Goods are subject to availability. In the event that Makro is unable to supply goods, Makro will inform you of this as soon as possible. A refund will be given if you have already paid for the goods.

4.2 Makro may undertake appropriate security checks during the order process via third party databases. By placing an order and thus accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a third party which may keep a record of that information. This will only be done securely and any data processing will be undertaken strictly in accordance with the Data Protection Act 1998.

4.3 The price you pay is the price displayed in the Makro Catalogue at the time Makro receives your order save in the event of an error. If Makro discovers an error in the price of goods you have ordered Makro will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If Makro is unable to contact you Makro will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

4.5 Title to any products you order from Makro shall pass to you on delivery of the products provided that Makro has received payment in full for the products.

4.6 All prices are shown in GBP sterling (£) excluding VAT where applicable (unless you select Inc VAT in which case VAT inclusive process will be shown). Delivery charges are indicated separately in the calculation of your order.

4.7 You must make all payments due to Makro without any deductions whether by way of set-off, counterclaim, discount, abatement or otherwise.

4.8 If you fail to pay Makro any sum due under these terms you will be liable to pay interest to Makro on the amount outstanding from the due date for payment at the annual rate of 8% above the base lending rate of the Bank of England. This will be accrue on a daily basis until payment is made whether before or after any judgment.

4.9 Legal and beneficial title shall not pass to you until Makro has received cleared funds in respect of all amounts due to Makro under these terms.

4.10 Until such time that title passes to you, goods should be identified as the property of Makro, stored separately from goods owned by you and must be properly insured.

5. TRADEMARKS ETC

5.1 All copyright, trademarks and other intellectual property rights in materials in the Makro Catalogue remain vested in Makro.


5.2 Any re-use or copying of the material of the Makro Catalogue is strictly prohibited.

6. OTHER TERMS

6.1 Nothing in these terms and conditions excludes or limits Makro’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

6.2 Makro will use reasonable endeavours to verify the accuracy of any information in the Makro Catalogue  but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the products contained within.

6.3 The contract between you and Makro shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.

6.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions.

6.5 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

6.6 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999).


6.7 These terms and conditions set forth the entire agreement and understanding between you and Makro for purchases you make using the Makro Catalogue .

7. RETURNS & WEEE

7.1 Makro aims to sell quality products but Makro is aware that sometimes you may need to return a product. You should check your items carefully upon delivery and before use or installation. You should also keep your receipt or order number, which can be found on your order confirmation or on the delivery note, as this can be used as proof of purchase in the event of any after-sales queries

7.2 If you are purchasing as a business, Makro makes the promises set out in clauses 7.3 and 7.4 which are part of Makro’s contract with you. In order to bring you better value, Makro excludes (as far as permitted by law) any implied warranty, condition or other term as to quality and fitness for purpose. (for consumer purchases see clause 7.5 and 7.6)

7.3 Makro will be pleased to give you a refund for any non-faulty non food product returned in fully resaleable condition (this includes the transport packaging (or reasonably suitable alternative), the original product packaging, seals and shrink wrap intact, together with any accessories sold with it within 28 days of the date of purchase together with your Makro receipt for the products.  If the goods are not in a suitable condition (as determined by Makro acting reasonably), Makro reserves the right to charge a restocking fee of £50 (excl VAT) plus 20% of the selling price of the goods.

If you have not returned the goods within 7 days of cancellation or when reasonably requested to do so by us, whichever occurs first, Makro can collect the goods from you at your cost. The charge for collection is £15 (excl VAT) and any non faulty goods must comply with these terms.   You will be required to pay either the cost of the returns postage or the £15 collection fee, and will not be reimbursed for these costs.

7.4 If a product you purchase from Makro goes wrong due to faulty workmanship and you contact the Makro helpline within 12 months of purchase Makro aims to have the product repaired free of charge and at the minimum of inconvenience to you. Faulty products must be accompanied by proof of purchase and all original components, manuals and packaging (where possible). All products which contain fuel must have the fuel emptied prior to return.

When you contact the Makro Customer Services team Makro will arrange for a qualified engineer to visit your premises to repair the product if economically appropriate. It may be that the product has to be taken away for repair within a reasonable period of time or it may be that a repair is not appropriate in which case Makro will discuss an alternative solution with you.

7.5 If you are purchasing as a consumer, in addition to the service offered by Makro under clause 7.4 you also have rights regarding satisfactory quality and fitness for purpose of the goods included in the contract between you and Makro by the Sale of Goods Act 1979. Nothing in these terms affects any of your statutory rights which cannot, by law, be taken away from you. For the avoidance of doubt, a consumer is deemed to be someone who is not buying in the course of a business and who is buying goods of a type ordinarily supplied for private use. If you are not buying as a consumer Makro only give the warranties in clauses 7.3 and 7.4.

7.6 If you are purchasing as a consumer, in addition to your rights under clause 7.4 and any other statutory rights that you may have, you have the right to cancel your order for non-faulty goods within 7 days after the date of delivery and receive a refund from Makro. To cancel, you must notify Makro by email customer.services@makro.co.uk of your intention to cancel within this time and Makro  will need the following information from you:

 - The order number

 - The Goods to be Returned and Quantity

 - The reason why the goods are being Returned

When you notify Makro, you will be given a returns authorisation number that you must quote on either the delivery note or order confirmation which needs to be enclosed with your returned goods. You will also be given an address to where the goods are to be returned.

The cost for returning the goods must be met by you unless the goods are faulty, incorrect or because of unsuitable substitution by Makro. To return the goods you can, hand over the goods at the returns desk in your local Makro store, contact Makro to arrange for collection by Makro (at a time we reasonably specify), or you can post the goods.

Makro  will accept back goods that are:

-  Incorrectly Ordered; or
-  Surplus to your Requirements.

The goods must be in the original packaging and unused / unopened. Goods that have been used or opened will be refused and returned to you at your cost. Makro advises you to ensure that the goods are adequately insured and that you take reasonable care of the goods whilst they are in your possession.

Refunds can only be in the form of the original method of payment. Original delivery costs are only refunded if the goods in question are returned due to an error made by Makro.

When the Makro returns desk receives the goods back and has checked that they conform to these terms, Makro will issue a refund. This can take 7-10 working days from receipt of the goods. If the goods are not in a suitable condition (as determined by Makro acting reasonably), Makro will not be obliged to give you a refund and will return the goods to you at your cost or destroy them after 28 days if they remain unclaimed by you.

If you have not returned the goods within 7 days of cancellation or when reasonably requested to do so by us, whichever occurs first, Makro can collect the goods from you at your cost. The charge for collection is £15 (excl VAT).

Makro reserves the right to deduct any delivery or collection cost it incurs on your behalf under these terms out of any amount due to you from Makro.

 

7.7 Makro Customer Services: Before calling Makro, check the instruction manual, packaging and guarantee documents with the goods for the manufacturer’s customer helpline telephone number. The Makro Online Store Customer Service number is 0161 7884 700 or see Contact Us.

7.8 Makro is not responsible for reasonable wear and tear or where goods have been altered or repaired without Makro’s approval. If the problem is not due to workmanship, then you agree to be responsible for the reasonable costs of testing the product.

Important: you will be responsible for the costs of returning the goods to us unless Makro delivered the item to you in error or the item is faulty.

7.9 Waste Commercial Electrical Products: Purchasers of electrical and electronic equipment for use in the course of business (the “Product”) shall maintain suitable systems to ensure and be responsible for the cost of collection, treatment, recovery and environmentally sound disposal of the Product and any product the Product is intended to replace in accordance with the WEEE Regulations 2006. By purchasing the Product, any such purchaser agrees to these conditions and agrees to indemnify Makro against any liability it may incur as a result of a breach of this policy.

8. LIABILITY

8.1 Where you are purchasing as a business, Makro excludes (to the fullest extend permitted by law) those warranties and conditions relating to satisfactory quality and fitness for a particular purpose. This does not affect consumer purchases which have the benefit of statutory rights regarding satisfactory quality and fitness for purpose. Makro’s total liability to business users arising out of the sale of the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). Makro does not accept liability for the fitness of goods for business purposes, nor does Makro accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

8.2 For the avoidance of doubt, Makro shall not be liable to you for any indirect or consequential loss or damage (including but not limited to loss of profit, loss of business, loss of sales, loss of opportunity, loss of goodwill), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with your purchase of goods from Makro or otherwise under these terms.

9. DATA SECURITY 

9.1. Makro will collect, process, and/or use the information provided by you ("Personal Data") for the purposes of administering and performing the customer contract with Makro, general and long-term customer care and personalized customer service, as well as sales promotion, market and opinion research activities (by mail and electronic communications).

9.2       As Makro is part of the METRO-Group, a large group of companies operating internationally, Personal Data may be transferred to and back from one of the international data centers of the METRO-Group (operated by the METRO-Group Information Technology GmbH (MGI), "Data Centers") and may be processed in the Data Centers to achieve the purposes identified in 8.1. Makro and the Data Centers operate in compliance with European data protection rules to provide for a coherent level of adequate data protection even in those cases where data are transferred to countries with a different level of data protection.

9.3  Access to Personal Data will be limited to authorised employees as required for the purposes identified in 9. 1 as well as IT security and maintenance.  Makro uses reasonable technical and organisational measures to protect the security and confidentiality of Personal Data and regularly reviews and improves these measures as necessary to reflect legal developments and/or improvements in available technology.

9.4  You have the right to access and review your Personal Data and to request that your Personal Data be corrected, amended, deleted, or blocked.

9.5 You may withdraw your consent at any time.

9.6  Any further questions and/or a wish to (i) access or review Personal Data, (ii) make a request related to Personal Data or (iii) withdraw consent, should be directed to the Makro Data Protection Compliance Officer at Liverpool Road Barton Moss Eccles M30 7RT.

“Makro” is a trading name of Makro Self Service Wholesalers Ltd Liverpool Road Barton Moss Eccles Manchester M30 7RT Regd in England 00973269 VAT No. 306178959

Amends 09.01.12