Terms of service

These Terms and Conditions set out the terms on which we sell products to you as a consumer via mighty-seven.co.uk (“Website”) and govern your use of the Website.

 

1.         Who We Are

1.1      The Website is an online store operated under the Mighty Seven brand for the sale and distribution of tools, equipment and accessories within the United Kingdom to individual consumers.

 

1.2      The Website is operated by Specialised Welding Limited (the “Website Operator”), trading as a licensee under the Mighty Seven brand. References in these Terms to “we”, “us” and “our” refer to Specialised Welding Limited trading as Mighty Seven.

 

1.3      “Mighty Seven” is a trading name used by Specialised Welding Products Limited for marketing and retail purposes via the Website. It does not constitute a separate legal entity.

1.4      You can contact us at sales@mighty-seven.co.uk

2.         About These Terms

2.1      Please note these Terms and Conditions may be updated from time to time by us and you should therefore review them periodically when using the Website.

2.2      These Terms and Conditions are intended for consumers only. Our Website is not intended for use by anyone under the age of 16 years.

2.3      For business customers please refer to our main website, www.specialisedwelding.co.uk.

2.4      These Terms are accepted by continuing to browse our Website, www.mighty-seven.co.uk, and/or by placing an Order to purchase products from us, including machines, generators, welders, gas equipment, hand tools and other products we may offer from time to time (“Goods”).

2.5      If you do not agree to these Terms, you should not continue to use our Website or place Orders for Goods.

2.6      We make no representations that any material contained on our Website is appropriate or available for use or viewing outside the United Kingdom.

2.7      Access to our Website and materials may not be lawful in certain jurisdictions. If you access our Website from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

3.         Other Terms That May Apply to You

3.1      These Terms also refer to the following additional terms, which apply to your use of our Website and your purchase of Goods:

(a)  Our Privacy Policy, which sets out how we process any personal data we collect from you or that you provide to us. By using our Website, you consent to such processing and confirm that all data provided by you is accurate.

(b)  Our Warranty & Returns Policy, which sets out what happens if Goods develop a fault and the applicable warranty procedure details of delivery options, charges, and our returns process and the process for returning Goods for repair, replacement or inspection where they are faulty.

3.2      Where you request repair services for Goods outside of any applicable warranty period, separate terms and charges will apply, and we will notify you of these before carrying out any work.

4.         We May Make Changes To These Terms

We may amend these Terms and Conditions from time to time. Every time you wish to use our Website, you should check these Terms to ensure you understand the Terms that apply at that time.

5.         Definitions

5.1      In these Terms, the following words have the following meanings:

Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, any rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.

5.2      In these Terms and Conditions, the following interpretations shall apply:

(a)  Clause headings are for convenience only and shall not affect interpretation.

(b)  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(c)   Unless the context otherwise requires, words in the singular include the plural and vice versa.

(d)  References to any gender include all genders.

(e)  These Terms are binding on and benefit the parties and their respective personal representatives, successors and permitted assigns.

(f)    A reference to legislation includes amendments, extensions or re-enactments from time to time.

(g)  A reference to legislation includes all subordinate legislation made under it.

(h)  A reference to writing or written excludes fax but includes email.

(i)    Any obligation not to do something includes an obligation not to permit or allow that thing to be done.

(j)    A reference to these Terms includes these Terms as amended from time to time.

6.      Changes to Our Website

6.1   We may update or change our Website from time to time.

6.2   Access to our Website is provided on a temporary basis and we do not guarantee that it, or any content on it, will always be available or uninterrupted.

6.3   We are not liable to you if any part of our Website is unavailable at any time.

7.      We May Suspend or Withdraw Our Website

7.1    Our Website is provided to you free of charge.

7.2   We do not guarantee that our Website, or any content on it, will always be available or free from interruption.

7.3   We may suspend, withdraw or restrict access to all or any part of our Website for business or operational reasons. Where reasonably possible, we will provide you with advance notice of any suspension or withdrawal.

8.      Your Account and Security

8.1   If you create an account on our Website, you must keep your login details, including your password, safe and secure and treat them as confidential. You must not share your login details with anyone else.

8.2   We may suspend or disable your account at any time if we reasonably believe you have breached these Terms, misused the Website, or if it is necessary for security or operational reasons.

8.3   If you know or suspect that your account details or password have been compromised, you must notify us immediately at sales@mighty-seven.co.uk.

9.      Intellectual Property and Use of Website Content

9.1   We are a licensee of the Mighty Seven marks, and otherwise, owner of all intellectual property rights in our Website and the content published on it, including product descriptions, images, branding, logos, and graphics. These are protected by copyright and other intellectual property laws. All rights are reserved.

9.2   You may view the Website and print or download extracts of content for your own personal, non-commercial use only. You must not copy, reproduce, distribute, or exploit any content from our Website for commercial purposes without our prior written consent.

9.3   You must not modify any printed or downloaded materials in any way, and you must not remove any copyright or proprietary notices from such materials.

9.4   Our status (and that of any identified contributors) as the owners of content on the Website must always be acknowledged.

9.5   You must not use any content from our Website for commercial purposes without obtaining a licence from us or our licensors.

9.6   Any information you send to us via the Website or email is at your own risk. While we take reasonable care, we do not guarantee the security of information transmitted over the internet. Sensitive information should be sent using secure methods where appropriate.

9.7   If you breach these Terms, your right to use our Website may be suspended or terminated immediately, and we may require you to delete or destroy any copies of content you have obtained.

10.   Information on our Website

10.1    The content on our Website is provided for general information only. It is not intended to amount to professional, technical, or other advice on which you should rely. You should obtain appropriate professional or specialist advice before taking, or refraining from taking, any action based on the content on our Website.

10.2    While we make reasonable efforts to keep the information on our Website accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or current at all times.

11.   Links to Other Websites

11.1    Our Website may include links to third-party websites or resources. These links are provided for your convenience only.

11.2    We have no control over the content of third-party websites and do not endorse or accept responsibility for them or any loss or damage that may arise from your use of them.

12.      Personal Information

12.1    We will use your personal data in accordance with our Privacy Policy. This may include processing your information to fulfil orders, respond to enquiries, process payments, and provide customer support.

13.      Website Security and Misuse

13.1    We do not guarantee that our Website will be free from errors, bugs, or viruses at all times.

13.2    You are responsible for ensuring your own devices, systems, and software are adequately protected before accessing our Website.

13.3    You must not misuse our Website by knowingly introducing viruses, malware, or other harmful material, or by attempting to gain unauthorised access to our systems, servers, or databases.

13.4    Any such misuse may be a criminal offence under the Computer Misuse Act 1990. We may report such activity to law enforcement authorities and provide relevant information where required.

14.      Acceptable Use

14.1    You may only use our Website for lawful purposes. You must not upload, submit, or share any content that is unlawful, defamatory, offensive, abusive, obscene, or infringes the rights of any third party.

14.2    You are responsible for ensuring that any information you submit through our Website is accurate and lawful. We reserve the right to remove any content that breaches these Terms or is otherwise inappropriate.

15.      Linking to Our Website

15.1    You may not link to our Website without our prior written consent.

15.2    Where consent is granted, links must be fair, legal, and must not damage or take unfair advantage of our reputation.

15.3    You must not suggest any form of association, approval, or endorsement by us where none exists.

15.4    You must not frame our Website on any other site or link to any page other than the homepage unless expressly agreed by us.

15.5    We may withdraw linking permission at any time without notice.

16.           Our Trademarks

16.1       All intellectual property on our site, including content, image designs, trademarks and trade names are owned by us.

16.2        “Mighty Seven” and any related branding, logos, and trade names are licensed trade marks those marks are owned by Mighty Seven International Co., Ltd. (trading as Mighty Seven or M7 Tools). You must not use, copy, modify, reproduce, or distribute them without our prior written permission.

17.           Orders

17.1        Any quotation we provide is valid for 30 days unless stated otherwise.

17.2        You may place an Order via our Website or through our customer service contact details provided on the Website.

17.3        Each Order you place constitutes an offer to purchase Goods in accordance with these Terms. All Orders are subject to acceptance and stock availability.

17.4        After you place an Order, we will send you an email acknowledging receipt of your Order. This acknowledgement does not constitute acceptance of your Order.

17.5        A Contract between us will only be formed when we send you a dispatch confirmation email or, if earlier, when the Goods are dispatched to you.

17.6        We reserve the right to refuse or cancel an Order before dispatch for legitimate reasons, including where:

(a)           the Goods are unavailable or out of stock;

(b)           there is an error in the price or description of the Goods;

(c)           we reasonably suspect fraud or unauthorised or unsuccessful payment; or

(d)           delivery restrictions apply.

17.7        Order confirmations and dispatch confirmations will specify the Goods, quantity and price.

17.8        It is your responsibility to ensure that your Order details, delivery information and any product specifications are accurate before placing your Order.

17.9        You may request changes to or cancellation of your Order shortly after it is placed. We will try to accommodate your request where possible but cannot guarantee this once processing has begun. If we agree to a cancellation or amendment after processing has commenced, we may deduct or charge our reasonable costs incurred up to that point, unless the cancellation or amendment is required because of our error or a fault with the Goods.

18.           Quality and Packaging of Goods

18.1        We take reasonable care to ensure that all product descriptions, specifications, images, pricing and compatibility information displayed on our Website are accurate at the time they are published.

18.2        Product images are for illustrative purposes only. Colours, finishes and the appearance of Goods may vary slightly from those shown on the Website.

18.3        We may amend product specifications, packaging or other product information from time to time to reflect changes made by the manufacturer or to comply with applicable legal or regulatory requirements.

18.4        All Goods are subject to availability. We reserve the right to withdraw, discontinue or limit the availability of any Goods at any time before your Order is accepted.

18.5        We will ensure that the Goods supplied to you:

(a)       correspond with their description on our Website;

(b)       are of satisfactory quality;

(c)        are fit for any purpose we have expressly stated; and

(d)       comply with all applicable statutory and regulatory requirements.

18.6        We will package the Goods appropriately and securely to ensure they reach you in good condition.

19.           Delivery

19.1        We currently deliver to mainland Great Britain only. We do not currently deliver to Northern Ireland, the Republic of Ireland, the Channel Islands, BFPO addresses or PO Boxes.

19.2        Available delivery options estimated delivery times and delivery charges will be displayed during the checkout process.

19.3        We may offer delivery services including Standard Delivery, Next Working Day Delivery, Before 12pm Delivery and Click & Collect, although availability may vary depending on your location and the Goods ordered.

19.4        Where Click & Collect is selected, you must collect your Order within 3 Business Days of us notifying you that it is ready for collection, unless otherwise agreed.

19.5        Delivery estimates are provided for guidance only and are not guaranteed. Delivery may be delayed due to courier issues, weather conditions, stock availability, high order volumes or other events beyond our reasonable control.

19.6        We will not be liable for delays caused by third-party delivery providers or circumstances beyond our reasonable control. This does not affect your statutory rights.

19.7        It is your responsibility to ensure that the delivery address you provide is accurate and complete. We will not be responsible for delays or additional costs arising from inaccurate or incomplete delivery information.

19.8        Each delivery will, where appropriate, be accompanied by a delivery note showing the Order details and the Goods supplied.

20.            Faulty or Damaged Goods

20.1        You should inspect the Goods as soon as reasonably possible after delivery and notify us promptly if the Goods are faulty, damaged, incomplete or not as ordered.

20.2        If the Goods are faulty, damaged or not as described, you may be entitled to a repair, replacement or refund in accordance with your statutory rights under the Consumer Rights Act 2015. 

20.3         We will not be responsible for defects or damage caused by:

(a)            misuse or neglect;

(b)            failure to follow any instructions for installation, use or maintenance;

(c)            accidental damage;

(d)            unauthorised alterations or repairs; or

(e)            normal wear and tear.

20.4        Where a manufacturer provides a warranty, this is in addition to your statutory rights. Details of any applicable warranty are available in our Warranty Policy.

20.5        Please refer to our Returns Policy and Warranty Policy for further information on returning Goods and making warranty claims.

20.6         If your Goods are made bespoke to order, you will only be entitled to a refund or repair if you wish to cancel at our discretion (this does not apply to faulty, damaged or incorrectly described goods).

20.7        Nothing in these Terms affects your statutory rights as a consumer.

21.           Risk and Ownership

21.1        Risk in the Goods passes to you when the Goods are delivered (i.e. unloading) to the delivery address you have provided or, where you have selected Click & Collect, when you collect the Goods.

21.2        Ownership of the Goods will not pass to you until we have received payment in full (including any applicable delivery charges).

22.           Prices

22.1        All prices displayed on our Website are shown in pounds sterling (£) and include VAT unless stated otherwise.

22.2        Delivery charges (where applicable) will be displayed during the checkout process before you place your Order.

22.3        We take reasonable care to ensure that the prices displayed on our Website are accurate. If we discover an error in the price of the Goods you have ordered, we will contact you as soon as reasonably practicable and give you the option of confirming your Order at the correct price or cancelling it. If we are unable to contact you, we may treat the Order as cancelled and refund any sums you have paid.

22.4        We reserve the right to change the prices of our Goods at any time before your Order is accepted.

23.           Payment

23.1        Payment must be made in full before the Goods are dispatched.

23.2        We reserve the right to withhold dispatch of the Goods until payment has been received in full and any required payment authorisation has been completed successfully.

23.3        Accepted payment methods will be displayed during the checkout process on our Website and may be updated from time to time.

23.4        If your payment cannot be authorised, is declined or is otherwise unsuccessful, we may refuse or cancel your Order.

23.5        Any refund due to you will be made using the original payment method, unless otherwise agreed.

24.           Consumer Cancellation Rights

24.1        If you purchase Goods online, you have the right to cancel your Contract within 14 days of receiving the Goods in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

24.2        To exercise your right to cancel, you must notify us within the cancellation period using the contact details provided on our Returns Policy.

24.3        We may reduce your refund where the value of the Goods has been diminished by handling beyond what is reasonably necessary to establish their nature, characteristics and functioning.

24.4        Refunds will be processed in accordance with our Returns Policy.

24.5        If you exercise your right to cancel, you will be responsible for paying the direct costs of returning the goods.

24.6        Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or any other applicable consumer protection legislation.

25.           Warranty

25.1        Certain Goods may be supplied with a manufacturer's warranty. Details of any applicable warranty will be provided with the Goods or made available on request.

25.2        Manufacturer warranties do not cover damage caused by:

(a)       misuse;

(b)       accidental damage;

(c)        fair wear and tear;

(d)       improper maintenance; or

(e)       unauthorised repair or modification.

25.3        Proof of purchase may be required before any warranty claim can be processed.

25.4        Warranty assessments may require the Goods to be inspected by us or the manufacturer before a repair, repla cement or refund is approved.

25.5        This warranty is in addition to, and does not affect, your statutory rights under the Consumer Rights Act 2015.

26.           Limitation of Liability

26.1        Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for:

(a)       death or personal injury caused by our negligence;

(b)       fraud or fraudulent misrepresentation;

(c)        defective products under applicable consumer protection legislation; or

(d)       your statutory rights under the Consumer Rights Act 2015.

26.2        Subject to clause 26.1, we shall not be liable for any indirect or consequential loss.

26.3        Subject to clause 26.1, our total liability arising from any Contract shall not exceed the purchase price paid for the Goods giving rise to the claim.

27.           Termination and Suspension

27.1        We may cancel a Contract before dispatch and provide a full refund where:

(a)           the Goods are no longer available;

(b)           there has been an obvious pricing or product description error;

(c)           we reasonably suspect fraudulent or unlawful activity;

(d)           payment authorisation is unsuccessful; or

(e)           we are unable to deliver to the address provided.

27.2        We may suspend or restrict your access to the Website where we reasonably believe you have breached these Terms or misused the Website.

27.3        Termination or cancellation of a Contract does not affect any rights or obligations that have accrued before termination.

28.           Effect of Cancellation

28.1        Where a Contract is cancelled before dispatch, we will refund any payment received from you as soon as reasonably practicable.

28.2        Where you cancel a Contract under clause 24, refunds will be processed in accordance with these Terms and our Returns Policy.

28.3        Any provision of these Terms which, by its nature, is intended to continue after termination or cancellation (including those relating to intellectual property, limitation of liability, governing law and dispute resolution) shall remain in full force and effect.

29.           Survival

29.1        If a Contract ends for any reason, any parts of these Terms which are intended to continue will still apply. This includes clauses relating to liability, intellectual property and governing law.

29.2        Ending a Contract will not affect any rights or obligations that have already arisen before it ended.

30.            Force Majeure

30.1          A Force Majeure Event means any event or circumstance beyond our reasonable control which prevents or delays us from performing our obligations under these Terms, including:

(a)  acts of God, flood, drought, earthquake or other natural disaster;

(b)  epidemic or pandemic;

(c)   war, terrorism, civil unrest, riots, or threat of such events;

(d)  nuclear, chemical or biological contamination;

(e)  actions taken by any government or public authority, including import/export restrictions or failure to grant necessary approvals;

(f)    fire, explosion, building collapse or accident;

(g)  failure of utilities or essential services (including electricity, internet or transport networks);

(h)  failure of suppliers or subcontractors to perform; and

(i)    interruption or delay in transport or logistics networks.

30.2        If we are affected by a Force Majeure Event, we will not be in breach of these Terms and will not be liable for any delay or failure to perform our obligations during the period the Force Majeure Event continues. Any time for performance will be extended accordingly.

30.3        If a Force Majeure Event affects our ability to deliver your Order, we will notify you as soon as reasonably practicable and provide updates where appropriate.

30.4        We will take reasonable steps to minimise the effect of the Force Majeure Event on our performance of the Contract.

30.5        If a Force Majeure Event continues for more than 4 weeks and prevents us from fulfilling your Order, you may cancel the affected Order by giving us written notice and you will receive a refund for any Goods not delivered.

31.           Complaints and Dispute Resolution

31.1        If you have any complaint or dispute relating to these Terms or your Order, please contact us first so we can try to resolve the matter quickly and informally.

31.2        We aim to resolve all customer issues as quickly and fairly as possible. If we cannot resolve the dispute within a reasonable time, either party may escalate the matter for further review within our organisation.

31.3        Nothing in this clause affects your legal rights as a consumer or your right to bring a claim in the courts.

 

32.           Notices and Contact

32.1        Any notice or communication from you to us must be sent in writing to:

sales@mighty-seven.co.uk

32.2        We may contact you using the email address or contact details provided when placing your Order.

32.3        Any notice will be deemed received:

(a)           When sent by email, at the time of transmission on a Business Day; or

(b)           If sent out of Business Hours, on the next Business Day.

32.4        This clause does not apply to legal proceedings.

33.           Order of Precedence

33.1        If there is any conflict between these Terms and other documents or policies, the following order will apply:

                 i.       These Terms

               ii.       The Order

              iii.       Privacy Policy

              iv.       Warranty and Returns Policy

34.           Other

34.1        These terms are personal to you as a consumer and your rights shall not be assigned or transferred. We may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of our rights under these terms, provided this does not adversely affect your statutory rights.

34.2        The rights and remedies in these terms are in addition to, and not exclusive of, any rights or remedies provided by law, including your statutory consumer rights.

34.3        Nothing in these Terms affects your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013.

34.4        These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

34.5        A waiver of any right or remedy under these terms or by law shall only be effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

34.6        A failure or delay by either party to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

34.7        If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the remaining provisions.

34.8        These terms constitute the entire agreement between us and supersede any prior agreements or understandings between us in relation to your purchase.

34.9        These terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflicts and law provisions.

34.10     The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts.

www.mighty-seven.co.uk  is operated by Specialised Welding Products Limited (Company No. 02573967, VAT No. GB568321136), an authorised licensee and distributor of Mighty Seven products in the UK. "Mighty Seven" and related logos are registered trademarks of Mighty Seven International Co., Ltd. used under license.