Terms and conditions
Avia is brand name of Mighton Products Ltd.
1. Our Contract These Terms and Conditions govern the supply of goods sold by Mighton Products Ltd (“We” and “Us”) to the customer named on the order form provided on the Mighton Products website or in a Mighton Products catalogue (“You” and “the Customer”). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between You and Us on these Terms and Conditions. All orders are subject to acceptance and availability of the goods ordered. We are entitled to refuse any order placed by You. Please note every order placed on our website receives an order confirmation. This does not constitute an acceptance of your order and We reserve the right to cancel your order without prior notice.
2. Price and Payment The price payable for the goods You order is as set out on our website at the time You place your order plus any charges for carriage and insurance as set out in the order form. Catalogue prices are correct at time of going to press, and we reserve the right to update prices in future catalogues which will then supersede the prices in any previous catalogue. We also reserve the right to change the price of commodity goods, such as lead, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity. Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid. Subject to the provision below regarding trade credit account customers, We must receive payment in cleared funds for the whole of the price of the goods You order, and any applicable charges for carriage and insurance, before your order can be accepted unless We have agreed otherwise in advance in writing. If You are a trade credit account customer, payment shall be made in full within 30 days from end of month following date of invoice. We may revoke credit if You fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over HSBC’s then current base rate on the amount outstanding from the due date for payment until receipt by Us of the full amount (including the accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs. By submitting credit or debit card details when placing an order You confirm that the credit or debit card you use to make a purchase from us is your own card or your company’s card, that You are authorised to use and that there are sufficient funds or credit facilities to cover the cost of any goods or services You order from Us. We reserve the right to obtain validation of your credit or debit card details before providing You with any goods or services.
3. Delivery Unless You tell us you wish to collect the goods, We will deliver them in accordance with your order. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within 3 days of the date of delivery, You must notify Us immediately. The risk in the goods shall pass to You at the point of delivery and We shall have no responsibility in respect of the safety of the Goods thereafter. Accordingly it is Your responsibility to insure the goods against all risks of physical loss/damage for an amount not less than their replacement value. We shall use all reasonable endeavours to dispatch goods by the date agreed with You. We do not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control. If we consider that a delay is likely We shall make every reasonable effort to contact You and advise You of the delay. We do not accept liability for shortages or damage to deliveries. Any shortages or damages must be notified to Us within 24 hours of receipt of delivery. By placing an order you confirm that You will be available to accept the delivery of your order within normal working hours. Outside of these hours notification from You is required and additional charges may apply.
4. Returns, Damaged Goods and Cancellations 1) You may cancel your order up to 14 days after your order has been delivered. You can cancel by phone, mail, fax or email. If you are cancelling because of any issue with the goods, you must notify us at the time of cancellation. 2) You must return any unwanted goods to us within 30 days of the goods being delivered, including original packaging, and they must be in a ‘ready for sale’ condition. 3) In the unlikely event of faulty items, incomplete orders, or goods arriving damaged in transit, you must inform Mighton in writing within 7 days of delivery and return them within 30 days. 4) Mighton cannot accept returns that do not have their original packaging or are in a condition that is deemed to be ‘unfit for sale’, except where goods are faulty or have been damaged in transit. 5) Mighton issues refunds only by the same method of payment used to purchase the goods. 6) MIghton is unable to accept the return of any non-standard ‘special products’, including ‘colour match’ paint, that has been correctly supplied in accordance with the original instructions. 7) If you cancel your order, you must return the goods to Mighton at your cost. Mighton cannot accept any cost liability for cancelled goods that are neither faulty or damaged. 8) If goods are faulty, damaged or an incorrect order has been delivered, Mighton will accept liability for the cost of the returned delivery.
5. Title In spite of delivery having been made, title in the goods shall not pass to You until you have paid for the goods in full and no other sums whatsoever shall be due to Us from You. Until title in the goods passes from Us, You shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
6. Availability While We endeavour to hold sufficient stock to meet all orders, if We have insufficient stock to supply or deliver the goods ordered and paid for by You, We may, at our discretion, supply or deliver a substituted product or refund You the price paid for such goods as soon as possible and in any case with 30 days or, in the case of an account customer, We may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to You.
7. Liability If You have notified Us in writing of a problem with the goods within 24 hours of receipt, We will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to You the amount paid by You for the goods in question, in our absolute discretion. We will not be liable to You for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and We shall have no liability to pay any money to You by way of compensation other than any refund We make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to You for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
8. Termination We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to You if You are in breach of an obligation hereunder or You become unable to pay your debts when they fall due. Upon termination, your indebtedness to Us becomes immediately due and payable and We shall be under no further obligation to supply goods to You.
9. Force Majeure We shall have no liability to You for any failure or delay in supply or delivery or for any damages or defects to goods supplied or delivered hereunder that is caused by any event or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
10. General If any part of these conditions is invalid, illegal or unenforceable (including provision in which We exclude our liability to You) the validity, legality or enforceability of any other parts of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the laws of England and Wales.
11. VAT All prices exclude UK VAT or any other sales taxes. You shall be liable for at the current applicable VAT rate subject to any changes in taxation. These charges shall be applied to the pricing prior to delivery subject to the current VAT rules in place.
12. Sash Weights, Casement Window & Bi-Fold Door Calculation It is the Customer’s obligation to supply accurate glazed weights of sashes when balances or weights are ordered and accurate internal frame dimensions when Bi-fold doors are ordered. Our software can calculate approximation weights based on a common industry wide formula which has been used successfully for 25 years with little problem. We will not be liable to You for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods, and We shall have no liability to pay any money to You by way of compensation other than any refund We make under these conditions. Any balances or weights that prove erroneous must be returned to Us at your expense.
13. Design & Reproduction Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, is strictly prohibited without Our written permission. Quantities and measurement are approximate. Trademarks and all other intellectual property rights are reserved by Us and acknowledged by You. Exact products may vary from that shown. All products are subject to availability.
14. Guarantees Unless otherwise specified Mighton Products give a 10 year product replacement warranty on all of our products. This excludes products not in our range at time of claim and also on all balances that are fitted in coastal regions.
15. Mighton Reward Points When ordering on Mighton Products website, you will automatically accrue loyalty points with every purchase made. When you log into your account you will see how many points you have earnt with your purchases and be able to redeem them against your next order with us. You will earn 1 point per every pound spent and a point is worth 1p. If you return an item, you will receive a full refund for the original value of the item(s) excluding the carriage charge. We do not refund the reward points. We reserve the right to change or cancel the reward point scheme from time to time upon giving reasonable notice of such changes to you. We do not offer Reward points on the following product groups: – Lead Sash Weights, Steel Sash Weights & Bifold Door Hardware
16. Paint Where products are marked with “Trade Sales Only” these products can only be purchased by trade customers. These are not for sale to the general public.
17. Please note, we do not recommend fitting anything other than our PVD plated products in coastal regions as elements such as salt spray and sea air can adversely affect the look, integrity and performance of other finishes