These are the terms and conditions which apply to your purchase of clothing, accessories and other goods ("Goods") from the Mackays web site at www.mandco.com (the "Website").
The Website and Goods are provided by Mackays Stores Limited, a company registered under the Companies Acts (Company Number SC036368 and VAT number 263808936) and trading as M&Co ("Mackays", "we", "us", "our"). Our registered office is at Caledonia House, 5 Inchinnan Drive, Inchinnan Business Park, Inchinnan, Renfrew, PA4 9AF.
When we refer to "you" and "your" we mean the user of the Website whether or not the person is purchasing Goods from our Website ("User"). These are the terms and conditions ("the Terms and Conditions") which relate to your use of the Website and any purchase of Goods you make from the Website.
Please read them carefully before using or purchasing goods from this Website. By using the Website you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions you are not permitted to use or purchase Goods from this Website. We recommend that you print or store a copy of these Terms and Conditions for future reference.
We reserve the right to change the Terms and Conditions under which the website is offered at any time. Any such change in Terms and Conditions will be effective once reflected in the text of these Terms and Conditions and published on this web page. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
If you have any queries, comments or complaints about these Terms and Conditions, our Website or Goods please email us at firstname.lastname@example.org, phone for free on 0800 0317 200 or write to us at Caledonia House, 5 Inchinnan Drive, Inchinnan Business Park, Inchinnan, Renfrew, PA4 9AF.
This Part sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
1.1 We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and, if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
1.2 You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
the colours which are shown for the Goods on the Website will depend on many factors – including your display settings;
- all sizes and measurements are approximate;
- all Goods are subject to availability - we may not be able to supply your order;
- any delivery estimates given on the Website or by email are estimates only;
- the Goods and promotions which are offered on the Website may not be available in-store, and vice-versa.
2.1 We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website, and (save as otherwise set out in these Terms and Conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website.
3.1 Any link (be it a hypertext link or other referral device) to any content of any other website ("3rd party site") accessed through this Website is provided solely for the use and convenience of the User. We do not endorse or approve the content of any 3rd party site. We are not responsible for the content of any 3rd party site nor will we have any liability in connection with any 3rd party site (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
4. Intellectual Property Rights
4.1 All intellectual property rights and goodwill in or relating to the content of the Website belongs to either us or to our suppliers.
4.2 Nothing contained in these Terms and Conditions or the Website should be construed as granting by implication, estoppel, personal bar, or otherwise, any licence or right to use any of the intellectual property rights in the Website and its content without our permission. However, copying and printing of the Website pages is permitted within the scope of the licence below.
4.3 You may download to a local hard disk and print extracts from the Website solely for personal non-commercial use. You may also recopy extracts downloaded in accordance with this paragraph to others for their personal, non commercial use.
4.4 You may not reproduce part or all of the contents of the Website in any form unless it is for personal, non commercial use.
4.5 You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
4.6 You may not frame the Website or link to any part of it without our express written permission. If you would like to link to the Website, please email us at email@example.com.
4.7 Notwithstanding the above, caching of this site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce ( EC Directive) Regulations 2002.
5. Prohibited Use
5.1 You must be 18 years of age or older to register with the Website and to purchase goods from the Website. By registering to use the Website you warrant that you are aged 18 years of age or older.
5.2 You agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws.
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Part 2 – Purchase of Goods
This Part sets out the terms which apply to your purchase of Goods from us through the Website.
6. Purchase Process
6.1 You make an offer to purchase Goods from us (your "Order") by completing the staged process on the Website as set out below:
- Adding product to your basket
- Checkout step 1 – Login details
- Checkout step 2 – address details
- Checkout step 3 – payment details
- Confirmation of Order
6.2 Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one item your Order contains a series of offers for each item individually.
6.3 On receipt of your Order, we will send you an acknowledgement email to the email address you supplied in the Order process. This acknowledgement email will contain your Order number, details of the Goods ordered, total cost of the Order, and a delivery estimate. This email is not acceptance by us of any offers to purchase Goods.
6.4 We will notify acceptance of your offer to purchase a product by sending an email advising that your Order has been accepted and despatched ("Acceptance Email"). This Acceptance Email constitutes acceptance by us of your offer and only at this stage is a binding contract created. Until this point you may vary or cancel your Order. We reserve the right to refuse any offer in your Order prior to the acceptance from us of the offer.
6.5 We must receive full payment of the price of Goods and the delivery charges before we can accept any offers to purchase Goods from the Website. Where you pay by credit or debit card we will process the payment at the time of preparing your Order of Goods for despatch.
7.1 All Orders are subject to availability. Stock availability can be checked online using the availability grids found on each product page. If you have any queries, please phone for free customer services on 0800 0317 200.
7.2 Unfortunately, we cannot ensure permanent availability of all items although we will try our hardest. Once we have received your Order, if something is out of stock or is otherwise unavailable we will notify you of this by email. If an item is out of stock or is otherwise unavailable we will notify you by email or phone that the item is unavailable and suggest alternative items of Goods you may wish to order. On being notified that the item is unavailable, you may elect to (1) order an alternative item by providing us by email or phone with details of the item you would like to order; or (2) cancel the Order by notifying us by email or phone that you wish to do so.
7.3 If the product is temporarily out of stock we will notify you by email or phone of when we might be able to deliver that item to you and give you the option of accepting this longer delivery period; ordering one or more alternative items of Goods or cancelling your Order.
7.4 Any item which is unavailable will not be included in the contract for the Order of Goods which is despatched. Where you order an alternative item, this will be considered to constitute a variation of your original offer to purchase Goods from us, and a binding contract will not be created until this offer is accepted by us in the form of an Acceptance Email.
7.5 We reserve the right to withdraw any Goods from the Website at any time before we accept your offer to purchase an item, and we will not be liable to you, or anyone else, for withdrawing goods.
8.1 All prices and charges on this Website are in UK Pounds Sterling and, unless otherwise stated, are inclusive of UK VAT and any other applicable taxes. Delivery charges will apply and these will be displayed in the order process.
8.2 Payment for Goods ordered online must be made through our Website using Visa, Visa electron, MasterCard, Maestro, Switch, Solo, Duet Card, American Express and Paypal. No other method of payment is accepted. Payment will be debited from the customer's credit or debit card at the time of preparing your Goods for despatch.
8.3 Gift vouchers purchased in stores are not accepted on the Website.
8.4 If you make a purchase using an electronic gift voucher and wish to cancel your Order and return the item, your account with the Website will be credited with the relevant amount to be used at a later date.
8.5 Price comparisons - where an item has been marked down and the previous selling price stated these goods were previously on sale in at least 10 of the 280 M&Co. | Mackays stores nationwide at the higher price.
9.1 We will deliver the ordered goods to the delivery address you supplied on the order form. If, however, the goods are returned undeliverable, we will treat the contract as cancelled, and the money paid to us, excluding the delivery charge will be refunded to you.
9.2 Delivery arrangements will depend on the location of the delivery address in the UK.
9.3 If your UK Delivery Order is acknowledged by email as received by us before 2pm noon on a working day and the item of Goods ordered is in stock we will endeavour to deliver your Order the next working day for Orders placed Monday to Thursday - see below for delivery times by day ("Next Day Delivery") - or within three to five working days ("Standard Delivery") depending on the delivery option selected in the Order process. Next Day Delivery is an additional service provided under a contract separate to that for the sale of the Goods. This additional service cannot be cancelled once we start to carry out this service. If you wish to cancel your Order, as outlined below, delivery costs will be refunded at Standard Delivery rates only. If your Order is acknowledged by email as received by us after 2pm on a working day or on a non-working day it will be deemed to have been received the following working day before 2pm for delivery purposes. The approximate delivery times are as follows:-
|Day of week
||Order acknowledged as received
||Order delivered by Next Day Delivery
||Order delivered by standard delivery
|| by Friday
||Before 2pm Monday
||Before 2pm Monday
9.4 Please note that Standard Delivery times may vary depending on location.
9.5 A working day is a day which is not a Saturday, a Sunday, a bank holiday or other public holiday.
9.6 An estimated delivery time will be given in the Acceptance Email notifying you that your Order of Goods has been despatched. Although we will use all reasonable means to ensure that your Order of Goods is delivered within the time specified, we cannot accept responsibility for late deliveries that are due to circumstances outside our reasonable control. However, where reasonably possible, we will inform you if we become aware of any unexpected delay in delivery.
9.7 When the goods have been delivered to you, and you have paid the price, you will become the owner of those goods, at which point they will be your risk, and you will be liable for any subsequent damage, loss or destruction.
9.8 UK Delivery Orders will be delivered by Hermes (Standard Delivery) or Parcel Force (Next Day Delivery)and a signature acknowledging receipt of the Order at the delivery address will be required. UK Delivery costs will be £3.50 for Standard Delivery and £4.95 for Next Day Delivery. Where the total cost of a UK Delivery Order is less than £5, the Order will be sent by standard postal delivery at a cost of £3.50. Free standard delivery is only available on online orders of £40 or more spent in a single transaction. If items from an order eligible for free delivery are returned taking the outstanding value of the goods below the free delivery threshold of £40 the value of the returned goods will be refunded minus the cost of standard postage and packaging, £3.50.
M&Co. reserve the right to discontinue a free delivery promotion at any time without prior notice and to change the amount required for eligibility.
9.9 Please note that promotional discounts do not include postage and packaging, unless otherwise stated.
10.1 You must choose a password for your user's account on completion of registration. You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. You are responsible for preventing unauthorised persons from using password and all other details. You are responsible for all use of your account using your password and shall only use the Website using your own log-in details and password. You must use every effort to keep your password safe and should not disclose it or permit it to be used by any other person. Please contact us immediately if you suspect that the security of your account is at risk.
10.2 All Mackays online purchases take place in a safe environment using the latest security technology to protect our customers.
10.3 We encrypt your debit or credit card information to ensure your transactions with us are private and protected as they travel over the Internet. We accept orders only from web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection. Most web browsers above Version 3 support this security.
10.4 Your payment details are held in an encrypted format until we process your Order. All Orders are processed on computers that are not connected to the internet. This encryption protects against unauthorised parties reading information that you send us.
10.5 If you have questions regarding our credit card security policies, please call us on 0800 0317 200. We are open 24 hours a day seven days a week.
11.1 You can cancel your Order for any reason within 8 working days of receipt of the Goods ("Statutory Cancellation Period") for a full refund or an exchange credit. To cancel your Order please write to us at Web Team, Caledonia House, 5 Inchinnan Drive, Inchinnan Business Park, Inchinnan, Renfrew, PA4 9AF or email us at firstname.lastname@example.org. This right to cancel for any reason under these Terms and Conditions is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
11.2 If you cancel your Order within the Statutory Cancellation Period and the Goods have been delivered, or are subsequently delivered to you, you must return the Goods to us within 28 days of cancellation and take reasonable care of them while they are in your possession. Details on how to return the Goods are given below. If Goods are not returned to us you will be charged for the direct costs incurred by us in recovering the Goods. Your obligation to take reasonable care of the Goods while they are in your possession extends to ensuring that hygiene seals are not removed and that items are not soiled or damaged while in your possession.
11.3 If you cancel your Order within the Statutory Cancellation Period we will refund the price of the Goods, together with the cost of Standard Delivery, to the debit or credit card used in the original transaction within 28 days. If, however, we consider that reasonable care has not been taken of the Goods while they were in your possession we will seek to recover the cost of the Goods from you. This does not affect your statutory rights.
11.4 In addition to your cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000, we will give you a further 21 day period (commencing the day after the Statutory Cancellation Period) to cancel your Order and obtain a refund subject to Clauses 11.4 and 11.5. To cancel your Order within this 21 day period and obtain a refund you must return the Goods together with the returns form (enclosed with your Order of Goods). Details on how to return the Goods are given below.
11.5 Following the Statutory Cancellation Period, if you cancel your Order and return the Goods, we will not refund any delivery charges incurred by you for the Order. In addition, we will not provide a refund in respect of Goods which we reasonably consider to have been worn for an unacceptable length of time, have had their labels removed or have been soiled or damaged in any way.
11.6 Your refund will be credited to the debit or credit card used in the original transaction. Please note that refunds for goods bought as gifts can only be given to the debit or credit cardholder (the original payer).
12. Returning Goods
12.1.1 By Post
To return your Order of Goods via post:
1. There is no need to telephone us when sending us a return.
2. Fill out the returns form enclosed with your Order of Goods. Please enter the quantity of the item you are returning and select a reason for return from the eight options.
3. Tear down the vertical perforation then tear down the horizontal perforation to detach the free returns label (only applicable when returning from a UK post office and using Royal Mail as the carrier method).
4. Place the return section inside the parcel and attach the free return label (only applicable when returning from a UK post office and using Royal Mail as the carrier method) by removing the adhesive backing.
5. Take the parcel to your local post office. Please retain your proof of postage stamp.
6. If you don't have your returns label, please send your parcel(s) to:
New Caledonia House
5 Inchinnan Drive
7. We will email to confirm your return has been processed.
12.1.2 By Collect +
To return your Order of Goods via Collect +
1. There is no need to contact us when returning your item(s).
2. Fill out the returns form enclosed with your Order of Goods (this can be found on the right side of the parcel summary section. Please enter the quantity of the item you are returning and select a reason for return from the options provided.
3. Peel off the label on your Collect+ insert and stick it onto your parcel.
4. Take your parcel to ANY of 4000 local stores offering Collect+ services, where you'll receive proof of postage and a code to track your return online.
5. You can track your order using the code here.
6. We will process your return within 10 working days of your good being collected.
12.1.3 Returns in-Store
You can return items through our participating stores. If you are returning an item via a store please take your delivery note with you. For details of your nearest store, use our Store Finder link or call 0800 031 7200. If you have paid for your order online using PayPal you will be able to return your item in store only if you have the PayPal inStore app. The app is currently available on iPhone and Android and allows you to be refunded onto your PayPal account using a unique barcode. If you do not have the PayPal InStore app and wish to return an item to us that you have paid for using your PayPal account you will need to post your return back to us using one of the above methods. You can download the app here.
Purchases made in-store cannot be returned via post to the Website return address.
12.2 If we reasonably consider that you have repeatedly taken advantage of our policy in relation to returning Goods you will be notified that your orders will no longer be accepted on the Website.
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Part 3 – General terms relating to our relationship with you
14. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
15. Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability the exclusion of which is expressly prohibited by statute.
16. These Terms and Conditions do not affect your statutory rights as a consumer.
17. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.
18. All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered email address.
19. These Terms and Conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
20. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall be unaffected.
21. The interpretation, construction, effect and enforceability of this agreement shall be governed by Scots Law, and you and we agree to submit to the non-exclusive jurisdiction of the Scottish courts for the determination of disputes. All rights not expressly granted are reserved to Mackays.
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Appendix 1 – Data Protection Notices
Registration Data Protection Notice
Mackays Stores Limited, trading as M&Co., will use the personal information you supply on this registration page and information we obtain from other sources to provide you with goods purchased from our website, for marketing, to analyse your purchasing preferences and the refunds and returns you make for service and quality reasons and to ensure that the content, goods and advertising that we offer are tailored to your needs and interests. We may share your information with our service providers and agents for these purposes.
We may also share your information with our business partners for marketing purposes or we may send you information about other organisations' related goods and services. We or our business partners may contact you by mail, telephone, fax, e-mail or other electronic messaging service with offers of goods and services or information that may be of interest to you. By providing us with your fax number, telephone numbers or email address you consent to being contacted by these methods for these purposes. You can change your communication preferences here.
If your personal details change or if you change your mind about any of your marketing preferences, you may edit your details in the My Account section.
Newsletter Sign-Up Data Protection Notice
We will use your email address to send the newsletter and information on any related goods or services which we think may be of interest to you. Please rest assured that we will not provide your information to any unconnected third party without your consent, and you can unsubscribe at any time.
1. Using your information
Mackays Stores Limited, trading as M&Co., will use the personal information you supply and information we obtain from other sources to provide you with goods purchased from our website, for marketing, to analyse your purchasing preferences and the refunds and returns you make for service and quality reasons and to ensure that the content, goods and advertising that we offer are tailored to your needs and interests. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers and agents for these purposes.
To ensure that your credit, debit or charge card is not being used without your consent, we will
validate name, address and other personal information supplied by you during the order
process against appropriate third party databases. By 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 registered Credit Reference Agency which may keep a record of
that information. You can rest assured that this is done only to confirm your identity, that a credit
check is not performed and that your credit rating will be unaffected. All information provided by
you will be treated securely and strictly in accordance with the Data Protection Act 1998.
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We may also use information obtained about you from cookies (files which are sent by us to your computer or other access device) which we may access when you open an email from us or visit our Website in future. We are able to do this by including web beacons (also known as clear GIFS or web bugs) in our emails.
Our web beacons do not store additional information on your computer but, by communicating with our cookies on your computer, they can tell us when you have opened our email. If you object to web beacons, we recommend that you follow the instructions for deleting existing cookies and disabling future cookies. We will still know how many of our emails are opened and we will automatically receive your IP address, a unique identifier for your computer or other access device; but we will not identify you as an individual.
Our cookie files are named s_vi_x7Ebkkdhj [CS]v4|440712E2000043E4-A170B8D000001F6|440712E2[CE] 2o7.net/ 1024 2414484736 30136359 881123328 29769232 *
With or without web beacons, your IP address may also be logged when you visit our site.
If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Further information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website.
By providing us with your personal information, you consent to our transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for the above purposes. If we do make such a transfer, we or they will, if appropriate, put a contract in place to ensure that your information is protected.
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3. Providing us with information about someone else
If you provide us with information about another person, you confirm that they have appointed you to act for them, to consent to the processing of their personal data and that you have informed them of our identity and the purposes (as set out above) for which their personal data will be processed.
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4. Dealing with your personal information safely
We offer the use of a secure server when you provide us with personal information as part of the website user registration process. SSL (the secure server software) encrypts your information before it is sent to us. We also take appropriate measures to ensure that the information disclosed to us is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used.
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5. Shopping securely
To ensure that shopping online is secure, your credit/debit details will be encrypted to minimise the possibility of someone being able to read your details as they are sent to us over the Internet.
We take the security of your transaction very, very seriously. All online purchases take place in a safe environment using the latest security technology to protect all of our customers. We encrypt your credit card information to ensure your transactions with us are private and protected whilst online. We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology - this means you cannot inadvertently place an order through an unsecured connection.
In technical terms this means:
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We use a state of the art payment platform; Customer credit card data is protected with the industry-standard Secure Sockets Layer (SSL) encryption when transferred over the Internet. SSL provides for a variety of encryption technologies including RSA, 3-DES and AES. Credit card details are encrypted with AES before being stored. The production network is partitioned into a proxy server tier, an application server tier, and a database server tier. Servers running at each tier are protected using ipchains/iptables firewalling, which is set to only permit the necessary network traffic and deny and log everything else. The front end of the entire infrastructure is protected with a virtual firewall rack from a company called Inkra (http://www.inkra.com/) which provides additional firewalling and DoS protection.
6. Links to third party websites
We link to a wide variety of other sites and are not responsible for the content or privacy policies of these sites, nor for the way in which information about their users is treated. In particular, unless expressly stated, we are not agents for these sites nor are we authorised to make representations on their behalf.
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7. Requesting information we hold about you
You are entitled to ask for a copy of the information we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected. For quality control and training purposes, we may monitor or record your communications with us.
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8. Updating your details
If your personal details change, if you change your mind about any of your marketing preferences or if you have any queries about how we use your information, please let us know by contacting email@example.com
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9. Log in / Registration information usage
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