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Terms and Conditions

1. Please read these terms and conditions carefully as they apply to your access and use of our Website and the sale and supply of goods (the "Goods") by us to you through our Website. You are responsible for bringing these terms to the attention of anyone who may access our Website at your request or otherwise on behalf of you or your business. They include important sales and product information relating to the Goods and form the basis of any agreement between us should you wish to proceed with an order. We request that you pay particular attention to the privacy policy below which sets out the principles by which we abide in relation to the treatment of information about visitors to our Website. Your attention is also drawn to clauses 10 (Cancellation and Delay), 16 (Limitation of Liability) and 17 (Indemnity).

2. Once you have read these terms and conditions, click the "I Agree" button and you will be able to proceed with any order you wish to make. If you do not agree with these terms and conditions, you are not authorised to use this Website. You may save a copy of these terms and conditions by clicking on the print function in your browser.

3. These terms and conditions constitute the entire agreement between us with respect to this Website and any Goods you order and supersede all prior communications and agreements between us, whether electronic, oral or written or which are implied by trade, custom or course of dealing, regarding the subject matter contained in this Website. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement between us to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

2. Restrictions on Use

By clicking the "I Agree" button below you warrant to us that you are over 18 years of age. If you wish to purchase our goods or services for purposes outside any business of yours, please contact us on sales@miw.co.uk.

3. Legal notice

1. The content of this Website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) is our exclusive property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright, and other intellectual rights. It is published by us and may not be reproduced other than by downloading and viewing on a single CPU and/or printing a single hard copy, for private or internal business purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent. All rights reserved.

2. The trade marks, logos and service marks shown on our Website, unless otherwise specified, are the trade marks of us. No rights are granted to use any of them without our prior written consent.

3. Any infringement of our rights will result in appropriate legal action.

4. Any framing of this Website is prohibited. All links to this Website must go to www.miw.co.uk. Please do not link directly to any other pages on this Website. We cannot accept any responsibility or liability for access to or the material on any site which is linked from or to this Website.

5.  This notice is made by MIW Office Solutions Limited ("MIW"), registered in England with number 04366242 with registered office at; Tanfield Lea South Industrial Estate, Oakeys Road, Tanfield Lea, Stanley, County Durham, DH9 9XW.

4.  Data Protection and Privacy

Any information you give to us will be stored and used in accordance with our privacy policy set out at clause 20 below.

5.  Security

1. You are responsible for all access to your account and for ensuring the confidentiality and proper use of your account and for restricting access to your computer and you agree to accept responsibility for all activties that occur under your account. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our Website and should ensure that it is switched off each time you have finished.

2. You must tell us immediately if you believe that an unauthorised person has access to your account.

3. We reserve the right to refuse service or terminate accounts if we suspect an unauthorised person is attempting to access it.

4. You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your account or of a breach of security.

6. Hyperlinks

This Website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this Website.

7. Consumers

1. If you are accessing this Website to purchase Goods for a purpose which is outside your business, the Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") will apply to any agreement between us with respect to those Goods. This site is not suitable for use by consumers and we would ask you in this instance to contact us on sales@miw.co.uk for the terms and conditions which will apply to sales by us to consumers.

2. These terms and conditions shall not affect your statutory rights as a consumer.

8. BASIS OF SALE OF GOODS

1. Each order for Goods is an offer by you to purchase the Goods in accordance with these terms and conditions including the delivery and returns policy applicable to each of the Goods requested.

2. No order submitted by you is accepted by us until we confirm by email its acceptance. No contract shall exist between you and us until we confirm our acceptance of your order in this way. When we acknowledge receipt of your order (as we are required to do by the E-Commerce (EC Directive) Regulations 2002), this is not our acceptance. We will send this separately.

3. Any Contract shall be subject to these terms and conditions, which supersede any other terms and which govern your access of and use of our Website and any Contract to the exclusion of any terms and conditions which you purport to apply or which are implied by trade, custom or course of dealing. No terms or conditions transmitted by you will form part of any Contract or apply to your access to and use of our Website simply as a result of such terms and conditions being communicated to us.

4. You must ensure that the terms of your order are complete and accurate and that you give us any necessary information relating to the Goods on your order form to enable us to duly perform any Contract.

5. Our employees or agents are not authorised to make any representation concerning our Website or the Goods unless confirmed by us and you acknowledge that you do not rely on, and waive any claim for breach of, any such unconfirmed representation (unless such representation is made fraudulently).

6. Any advice or recommendation given by us or our employees or agents to you as to the storage, application or use of the Goods which is not confirmed in writing or by e-mail by us is followed or acted upon entirely at your own risk.

7. We reserve the right to place restrictions on the volume of Goods ordered.

9. Description  

1. All product descriptions and content on our Website or otherwise issued by us are intended merely to present a general idea of the Goods and do not form part of any Contract.

2. We reserve the right to make any changes in the specification of the Goods which are required for the Goods or Services to conform with any applicable safety or other statutory (including EU) requirements or which do not materially affect their quality or performance.

3. Any error or omission on our Website or in any document or information issued by us or displayed on our Website shall be subject to correction without any liability on our part. 

10. CANCELLATION and delay

1. Unless you are ordering as a consumer and the Regulations apply or you are cancelling an order under paragraph 11.3, no order may be cancelled by you except with our written agreement and on terms that you shall indemnify us against all loss (including loss of profit), costs, (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.

2. If you extend or delay a Contract or fail to take delivery of any Goods at the specified time or (if no time is specified) within a reasonable time then you shall indemnify us against all loss (including loss of profit), costs (including the cost of storage and all labour and materials used), damages, charges or expense incurred by us as a result of such extension, delay or failure.

3. We are entitled to withdraw from any Contract in the case of obvious errors or inaccuracies regarding the Goods or the order or due to unavailability.

4. We reserve the right to defer the date of delivery or performance of the Goods, to cancel any Contract or reduce the volume of Goods ordered without liability to you if we are prevented from or delayed in carrying on our business by any cause beyond our reasonable control. In such circumstances, you may also give notice which must be in writing and posted to us at our registered office address, above to cancel the Contract if the cause in question continues for a continuous period in excess of 90 days but in any event you shall remain liable to pay for Goods delivered or supplied prior to such cancellation by us or you.

 11. PRICE and availability

1. The price and availability of the Goods is shown [next to its description on the relevant page]. This price excludes VAT which is payable in addition at the standard 

UK rate Prices are subject to withdrawal or revision at any time without notice before we accept your order.

2. Delivery costs (including packaging, insurance and any taxes, duties and surcharges) are itemised separately from the price which is exclusive of such delivery costs. We will confirm to you the applicable delivery costs when we accept your order and which vary according to the nature of the Goods and the delivery method you choose. If you do not accept the delivery costs itemised you will have an opportunity not to proceed any further with your order.

3. If Goods are unavailable or we need to vary the price due to supplier price increases, tax changes or site errors (for example), following confirmation of your order we shall send you a notification by email and allow you the opportunity to cancel your order if we have not done so ourselves. 

12. PAYMENT

1. We accept payment by credit and debit card only which will be debited on despatch of your order.

2. Time of payment is of the essence. Payment is received when we receive it in cleared funds.

3. Interest at an annual rate of 8% above the base lending rate from time to time of HSBC bank will accrue daily (both before and after judgment) and be calculated on a daily basis on overdue accounts from the date of invoice until date of payment.

4. If you fail to make any payment on the due date then the whole price of all goods or services bought or agreed to be bought by you shall be immediately due and payable without demand and we may cancel any Contract or suspend delivery or our performance or appropriate any payment made by you to such of the Goods (or the goods or services supplied under any other contract between us) as we think fit.

5. We are entitled to set off sums owed by us to you against sums owed by you to us. You may not deduct any amounts from the price of the Goods.

13. DELIVERY 

1. We will deliver Goods at the delivery address you supply.

2. All delivery times quoted on our Website or in our promotional literature are estimates only based on availability, normal processing and delivery time.

3. We may deliver items on an order separately but shall charge you for delivery costs on the first delivery only.

 4. No claim for damage or shortages will be considered unless we are given written notice within seven days of delivery. If no such notice is received by us, you are deemed to have accepted the Goods and any request to return the Goods will be at our discretion and you will be responsible for the costs of collection and return. 

5. No claim for non-delivery will be considered unless we are given written notice within seven days of the date when the Goods would in the ordinary course of events have been received. 

6. Any claim for damage, shortages or non-delivery must also be notified to the carrier by you in the manner and within the appropriate time limits prescribed by the carrier’s terms and conditions. Where Goods appear to be damaged at the time of delivery you must indicate this on the delivery documentation before acceptance. 

7. In the event of failure by you to give the appropriate notices as specified by paragraphs 13.4 to 13.6 any claim by you is deemed to have been waived.

8. Where delivery of the Goods is to be made by us in bulk, we reserve the right to deliver up to 10% more or 10% less than the quantity ordered without any adjustment in the price, and the quantity so delivered shall be deemed to be the quantity ordered.

9. Where the Goods are to be delivered in instalments, each delivery or performance shall be a separate contract and failure by us to deliver or perform any one or more of the instalments in accordance with these terms and conditions or any claim by you in respect of any one or more instalment shall not entitle you to treat any Contract as a whole as repudiated.

10. If you fail to take delivery of the Goods or we are unable to deliver the Goods on time because you have not provided adequate instructions, documents, licences or authorisations, then the Goods are deemed delivered and we may:-

1. store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or

2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the relevant Contract or charge you for any shortfall below the price under the relevant Contract. 

14. RISK AND PROPERTY 

1. The Goods remain our property until:-

1. their full price has been received by us; and

2. all other sums which are or which become due from you on any account with us have been received by us.

2. If payments received from you are not stated to refer to particular Goods we may appropriate such payments to any amounts outstanding in respect of any Goods, account or contract.

3. The Goods are at your risk from the time of delivery. 

4. Until ownership of the Goods passes to you, you must:-

1. store them at your own cost on your premises separately from any other goods and in a manner which makes them readily identifiable as our goods;

2. not destroy, deface or obscure any identifying mark or packaging of the Goods; 

3. maintain the Goods in a satisfactory condition insured on our behalf for their full price against all risks; and

4. hold the proceeds of insurance referred to in paragraph 14.4.3 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn account. 

5. We may, so as to discharge any overdue payment recover or resell the Goods.

6. In order to verify your compliance with your obligations under paragraph 14.4 and to exercise our rights under paragraph 14.5, we shall be entitled without notice to enter your premises or such other premises where the Goods are stored.

7. Your right to possession of the Goods terminates immediately if any of the events set out in paragraph 18 occurs. 

8. If the Goods shall be sold by you before payment for them has been made, that part of the proceeds of sale which represents or is equivalent to the amount owed by you to us shall be held by you upon trust for us and shall be paid into a separate bank account designated for that purpose. We shall be entitled to trace the proceeds of any such sale(s) into such bank account (or wherever such proceeds may in fact be located) and you authorise us to make enquiries of your bankers (or otherwise as appropriate) relating to such proceeds.

 15. Guarantee and returns policy 

1. We warrant to you that the Goods correspond with their Website description at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery.

2. We shall not be liable under this warranty (or any other warranty, condition or guarantee) if:-

1. any defect in the Goods arises from any information, drawing or specification supplied by you; or

2. any defect arises from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions or maintenance requirements, misuse or alteration or repair of the Goods without our prior approval; or

3. the Goods have been improperly installed or connected (unless we carried out the installation and connection).

3. This warranty does not extend to parts, materials or equipment not manufactured by us, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us and which we are entitled to and able to assign to you.

4. Any claim by you which is based on any defect in the quality or condition of the Goods must (whether or not delivery is refused by you) be notified to us and our carriers in writing within seven days from the date of delivery or performance or, where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect.

5. In no event shall you be entitled to reject the Goods on the basis of any defect which is so slight that it would be unreasonable for you to reject them.

6. If you do not notify claims in accordance with paragraph 15 then:-

1. you shall not be entitled to reject the Goods; and

2. we shall have no liability for such defect.

7. In the event you have a valid claim which has been notified to us pursuant to paragraph 15, we shall be entitled to repair or replace the Goods (or the part or element in question) free of charge or, at our option, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.

8. If you are entitled to reject the Goods because all or part of the Goods are defective, you must reject all of the Goods and cannot keep some of the Goods and reject the remainder. 

16. Limitation of liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION 

1. Subject to paragraph 15, the following sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents or subcontractors) to you in respect of any access or use by you of our Website or breach of these terms and conditions and any representation, statement or act or omission (including negligence) arising under or in connection with this Website or any Contract and in respect of any contemplated performance or lack of performance.

2. All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law but this exclusion does not apply to:-

1. any implied condition that we have or will have the right to sell the Goods when the property is to pass; or

2. where the Goods are sold to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977, any implied term relating to the conformity of the Goods with their description or sample or as to their quality or fitness for a particular purpose.

3. We make no warranty that the Goods will meet your requirements or that this Website will operate in an uninterrupted, timely or error free fashion. We will not be responsible if we are unable to provide access to or use of our Website for whatever reason.

4. This Website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is.

5. This Website is for information only. We have used reasonable care and skill in compiling its contents but make no warranty (express or implied) as to the nature or accuracy of any material on this Website.

6. You warrant to us that you will not use this Website and the Services for any unlawful purposes or in a way that is prohibited by these terms and conditions. We may immediately terminate your ability to access this Website if you breach any of these terms and conditions or if we believe that we or our other customers may incur liability from your actions.

7. Subject to paragraphs 16.2 and 16.8:-

1. we shall not be liable to you for any loss or corruption of data or any loss of profit, loss of production, financial loss, depletion of goodwill or any indirect loss, damage, costs or expenses whatsoever which arise out of or in connection with:-

a. your access or use of our Website or any material on it; or

b. the result of any use made of our Website or such material; or

c. any Contract; and

2. subject to paragraph 16.7.1, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with your access or use of our Website or any material on it, the result of any such use or material or the performance or contemplated performance of any Contract shall be limited to the total cost of the Goods you purchased under which the claim arises for any one event or series of connected events. 

8. Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation. 

16. INDEMNITY

You agree to indemnify us against any damages, losses, costs, claims or expenses incurred by us towards a third party arising out of or in connection with your use of our Website or the Goods supplied by us or their operation or use and whether arising by reason of our negligence or otherwise.

18. TERMINATION 

1. Any Contract shall terminate immediately upon the happening of any one or more of the following:-

1. you are dissolved or have a bankruptcy order made against you or make an arrangement or composition with your creditors; or

2. you (being a body corporate) convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory); or

3. you have a receiver, manager, administrator or administrative receiver appointed of the whole or any part of your undertaking, property or assets; or

4. a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you; or

5. any proceedings are commenced relating to your insolvency or your possible insolvency in any jurisdiction to which you or any of your assets are subject.

2. Any Contract shall terminate immediately upon service of written notice of termination by us on you on the happening of any one or more of the following:-

1. you have, suffer or allow any execution to be levied on your assets or obtained against you; or

2. you commit a material breach of any of your material obligations under the Contract or under any other contract with us and (if the breach is capable of remedy) you fail to remedy the breach within 30 days of a request in writing from us to remedy the breach; or

3. you commit a material breach of your obligations under this Agreement, such material breach being incapable of remedy; or

4. you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or

5. you cease or threaten to cease to trade.

3. Termination of any Contract shall not affect rights and duties accrued before termination and in particular shall not affect our rights contained in paragraph 14. However, your rights contained in that paragraph shall immediately terminate. 

19. HEALTH AND SAFETY 

You agree to:-

1. pay due regard to all information supplied by us relating to the use of the Goods necessary to ensure the Goods will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work; and

2. comply with the General Product Safety Regulations 1994 if and to the extent that they are applicable to the Goods. 

19. PRIVACY POLICY

1. We are committed to protecting your privacy. Simply visiting our Website does not require you to reveal personal information. But if you ask us for information, order goods, register with us, use our services or report a problem, we will collect any personal information you submit to us, as well as details of the transactions between us. In addition, we store information you may give us about your interests, or which we may learn about from your use of our goods. This policy explains how we will use the information that you give us.

2. Please do not send us any personal data about anyone else without their permission.

3. The information we collect

The type of information we will collect about you includes:-

1. your name and address;

2. your phone number and email address;

3. your credit or debit card details if you order goods from us;

4. information included in any documents you complete;

5. details about the goods you specifically request; and

6. information you complete in relation to our customer surveys.

3. How we use your information

The personal information that we collect is used:

1. to provide you with goods and services;

2. to process any request for advice or information supplied by us;

3. to personalise our service to you;

4. to seek your views on products and services;

5. for technical administration of our Website;

6. to comply with our statutory and regulatory obligations.

4. We also automatically collect data about visitors to our Website (for example on browsing patterns) by using cookies. (See below.) This data is used only in an anonymous form; no individual is identified.

5. We would like to contact you in the future for marketing purposes by post and e-mail but we need your consent to do this. If you would like us to contact you (including by e-mail or telephone) concerning our goods and services then please notify us by e-mail (details below) or by ticking the relevant box in the Order Form.

6. You may refuse any marketing communication from us in the future at any time by e-mailing us (details below). Please note, however, that occasionally we may need to communicate with you for administrative or operational reasons.

7. Cookies

When visiting our web pages, we would like to use tracking technologies which record information about you automatically. This can include using a "cookie" which would be stored on your browser. However, this information does not identify you personally. We automatically collect and store only the following information about your visit:-

1. the internet domain and IP address from where you access our Website;

2. the type of browser software and operating system used to access our Website;

3. the date and time you access our Website;

4. the pages you enter, visit and exit our Website from; and

5. if you linked to our Website from another Website, the address of that Website.

We use this information to help us identify access patterns, to improve our Website and to learn about the number of visitors to our Website and the types of technology our visitors use. We only use this information to ensure that our web pages stay compatible with a selection of browsers and systems. We do not track or record information about individuals and their visits.

9. Security and disclosure

We will keep your personal information confidential except to the extent that we are compelled to disclose it by law (for example where fraud or other crime is or may be involved) or to comply with an instruction of a regulatory body of competent jurisdiction. We will not disclose your personal information to third parties except:

1. as necessary to fulfil your order(s) for Goods and to validate your payment details;

2. in response to an expressed customer need or request, to organisations outside the 

UK who are authorised to offer Goods and services;

3. where we believe, in good faith, that it is necessary to comply with the law or to protect the safety of MIW, our customers or their clients, or the public.

Some of these third parties may be located outside the European Economic Area, eg credit card processing companies.

We reserve the right to appoint an Internet Service Provider to host our Website on our behalf which may be situated outside the European Economic Area. By agreeing to our terms and conditions and/or this privacy policy, you consent to any transfer of your personal information outside the European Economic Area. This may be necessary for us to achieve the purposes set out above.

We may use and disclose aggregated and anonymised information for marketing, product development, strategic or research purposes. In such data, no individual customer will be identifiable.

10. This policy applies only to information we collect about you. Links within our Website to those of other organisations are not covered by this policy.

11. Contacting us

1. If you have any questions about our privacy policy, or wish to receive direct marketing or you wish to request any information about your personal data, please e-mail: sales@miw.co.uk

2. If you believe that the information we hold about you is inaccurate, write to us at the address below or email sales@miw.co.uk. We will then correct the information as soon as possible.

12. Changes to this policy

This privacy policy was produced in June 2004. We reserve the right to modify or update the policy from time to time. If there are material changes to the policy or to how we use your personal information, we will post notice of the changes on our Website home pages or other suitably prominent places.

21. GENERAL

1. We reserve the right to change these terms and conditions from time to time. This right shall not affect the existing terms and conditions accepted by you at the time you accessed our Website or purchased particular Goods which shall govern our contractual relationship with you in respect of that access or those Goods.

2. In these terms and conditions:-

1. "Contract" means any contract for sale and purchase of the Goods which incorporates and is subject to these terms and conditions in our order form;

2. headings shall not affect interpretation;

3. any reference to a statutory provision includes a reference to any modification or re-enactment of the provision from time to time in force; and

4. references to "Goods", "Contract" or any payment includes any part of them or it.

3. Each of our rights or remedies is without prejudice to any other of our rights or remedies.

4. Each of the provisions contained in these terms and conditions shall be construed as being independent of every other and if any provision contained in the terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the limitations on liability, such determination shall not affect the validity of the remainder of the terms and conditions which shall continue in effect.

5. Our Website is operated and controlled from the United Kingdom and these terms and conditions and your use of this Website are governed by and construed in accordance with the laws of England and 

Wales . By agreeing to these terms and conditions you consent to all disputes arising out of or relating to your use of this Website being decided only by the courts of England and 

Wales . If you are accessing this Website from another jurisdiction it is your responsibility to ensure compliance with the laws that apply to that jurisdiction.

6. You are not permitted to assign your rights and obligations under these terms and conditions.

7.  All rights under the Contracts (Rights of Third Parties) Act 1999 are excluded.

8. Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions is not a waiver of any of our other rights.

9. Any waiver by us of any breach by you is not a waiver of any subsequent breach.

10. Any notice to be given by either of us to the other under these terms and conditions must be by e-mail addressed to that other party at the e-mail address which you complete in the order form or our e-mail address as set out in our confirmation of order form or such other address as we may notify you for these purposes.

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Customer Reviews

"We were looking for a sturdy drinking fountain to replace an existing unit in a busy corridor area. We are very impressed with the fountain supplied by MIW. It came rapidly and was just what we needed. They even called me to ensure that we had the right fittings. The children love the fountain and we have now installed two more in the playground with plans to install a further two when we refurbish our cloakroom areas."

Fiona Broadbent Whitchurch Primary School, Reading

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