RETURNS, CANCELLATIONS & REFUNDS POLICY

This policy applies to goods purchased from MDL Powerup Ltd.

Our intention is to provide customers with the rights and remedies required by applicable law. Unless expressly agreed otherwise by MDL Powerup Ltd in writing, we do not offer any additional or voluntary right to return unwanted goods beyond a customer's statutory rights.

Different statutory rights apply depending upon whether you are purchasing as a consumer or for business, agricultural, contracting, trade or professional purposes.

Nothing in this policy excludes or restricts any rights which cannot lawfully be excluded or restricted.

1. CONSUMER PURCHASES – CHANGE OF MIND FOR ONLINE AND DISTANCE SALES

If you are a consumer and purchase goods online, by telephone or by another form of distance contract, you will normally have a statutory right to cancel your contract without giving a reason.

You must notify us of your decision to cancel within 14 days after the day on which you, or a person nominated by you, receives the goods, subject to any applicable statutory exceptions.

After notifying us of your cancellation, you must return the goods without undue delay and no later than 14 days after notifying us that you wish to cancel.

To exercise your right to cancel, you must make a clear statement informing us of your decision to cancel. You can contact us at:

Email: info@mdlpowerup.com
Telephone: 01228 712121

Goods should be returned to:

MDL Powerup Ltd
1B Barras Lane
Carlisle
Cumbria
CA5 7NY
United Kingdom

Please contact us before arranging the return of large, palletised or machinery items so that appropriate return arrangements can be discussed.

2. COST OF RETURNING UNWANTED GOODS

Where a consumer exercises the statutory right to cancel because they have changed their mind, the customer is responsible for the direct cost of returning the goods, except where applicable law requires otherwise.

This can be significant for machinery, palletised products and other large or heavy goods.

Goods must be returned using an appropriate method and adequately protected for transport.

Where goods cannot reasonably be returned by ordinary post, please contact us before arranging transport.

If MDL Powerup Ltd agrees to arrange collection on the customer's behalf, the customer will be informed of the applicable collection cost and, where permitted by law, this cost may be payable by the customer or deducted from the refund.

This section does not apply where MDL Powerup Ltd is legally responsible for the cost of return, including where applicable in relation to faulty or misdescribed goods.

3. CONDITION OF GOODS & HANDLING

Consumers are entitled to examine goods to the extent reasonably necessary to establish their nature, characteristics and functioning, in a similar manner to how goods could reasonably be examined in a shop.

The consumer is responsible for any reduction in the value of the goods resulting from handling beyond what is reasonably necessary for this purpose.

Where permitted by law, MDL Powerup Ltd may make an appropriate deduction from the refund to reflect any reduction in value caused by excessive handling.

For machinery and equipment, this may include, where appropriate, loss in value resulting from use or handling beyond what would reasonably be necessary to inspect the product, including damage, contamination, excessive operation, alteration or other handling which materially reduces its resale value.

Customers should take reasonable care of goods while they are in their possession and ensure they are adequately protected when returned.

Original packaging should be retained and used for return where reasonably possible, particularly where it is necessary to protect the product during transport.

4. REFUNDS FOLLOWING STATUTORY CANCELLATION

Where a consumer validly cancels a distance contract, we will refund payments as required by law.

This includes the purchase price and, where applicable, the cost of the least expensive standard delivery method offered by us.

If the customer selected a more expensive or enhanced delivery service, we are not required to refund the additional cost above our standard delivery charge.

Where permitted by law, we may withhold the refund until:

• we have received the goods back; or
• the customer provides satisfactory evidence that the goods have been returned,

whichever occurs first.

Refunds will be made without undue delay and within the statutory time limits.

Refunds will normally be made using the same payment method used for the original transaction unless otherwise agreed.

5. EXCEPTIONS TO THE CONSUMER RIGHT TO CANCEL

The statutory right to cancel a distance contract does not apply in certain circumstances provided for by law.

These may include, where applicable:

• goods made to the consumer's specifications;
• clearly personalised goods;
• goods which are liable to deteriorate or expire rapidly;
• sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed; and
• other goods or contracts which are exempt from the statutory cancellation right.

A product is not necessarily exempt merely because it was ordered specially for a customer. An exemption will only be relied upon where it applies under the relevant law.

Nothing in this section affects a consumer's rights where goods are faulty, misdescribed or otherwise do not conform to the contract.

6. FAULTY, DAMAGED OR MISDESCRIBED GOODS

Consumers have statutory rights where goods are faulty, not as described, not of satisfactory quality or otherwise do not conform to the contract.

These rights are separate from the 14-day cancellation right for distance purchases.

Where applicable, statutory remedies may include the right to reject goods, repair or replacement, a price reduction or a final right to reject.

The Consumer Rights Act 2015 provides, subject to its terms, a 30-day short-term right to reject goods which do not conform to the contract.

After this period, other statutory remedies may apply, including repair or replacement and, in certain circumstances, a price reduction or final right to reject.

Please contact us as soon as reasonably possible if you believe goods are faulty, damaged, misdescribed or otherwise do not conform to the contract.

We may request reasonable information necessary to investigate the issue, including:

• proof of purchase;
• product model and serial number;
• photographs;
• video showing the reported issue;
• details of the tractor, vehicle or machine to which the product is fitted;
• information concerning installation and operation; and
• maintenance or service information where relevant.

Requesting such information does not remove or restrict a customer's statutory rights.

Where the law requires MDL Powerup Ltd to bear the necessary cost of returning, repairing or replacing faulty goods, we will do so.

7. DAMAGE IN TRANSIT

Customers should inspect goods as soon as reasonably practicable after delivery.

If packaging or goods appear to have been damaged in transit, please photograph the packaging and goods and contact us as soon as possible.

Where possible, visible damage should also be noted with the delivery carrier.

Failure to report damage immediately does not remove any statutory rights a consumer may have.

8. BUSINESS, TRADE, AGRICULTURAL & CONTRACTING CUSTOMERS

Where goods are purchased wholly or mainly for purposes relating to a customer's trade, business, agricultural operation, contracting activity, craft or profession, the customer is not purchasing as a consumer.

The statutory consumer cancellation rights described above do not apply to such purchases.

MDL Powerup Ltd does not offer business or trade customers a general right to return correctly supplied, non-defective goods because they are no longer wanted, have been ordered incorrectly or are unsuitable as a result of information supplied by the customer.

Any return of correctly supplied goods by a business customer is entirely at the discretion of MDL Powerup Ltd and must be agreed by us in writing before the goods are returned.

Where we voluntarily agree to accept such a business return, we may impose reasonable conditions including return transport costs, inspection costs and a restocking or handling charge, as agreed with the customer.

This does not affect any rights or remedies which a business customer has and which cannot lawfully be excluded.

9. INCORRECTLY ORDERED OR INCOMPATIBLE MACHINERY

Customers are responsible for providing accurate information when ordering machinery or requesting compatibility advice.

Where relevant, this includes tractor or vehicle make and model, horsepower, PTO specification, hydraulic requirements, linkage, lifting capacity and intended application.

Where a product has been correctly supplied in accordance with the customer's order but is unsuitable because the customer ordered the incorrect model, size or specification, or supplied inaccurate or incomplete compatibility information, any statutory rights which apply will remain unaffected.

However, no additional voluntary right of return is provided by MDL Powerup Ltd.

Business customers have no general change-of-mind return right unless we expressly agree otherwise in writing.

10. SALE & DISCOUNTED GOODS

Sale, clearance and discounted goods are subject to the same statutory rights as other goods where those rights apply.

We do not provide an additional voluntary return right simply because goods are purchased at full price or at a discounted price.

Where a reduction in price was specifically agreed because of a defect which was clearly disclosed to the customer before purchase, the customer's rights in relation to that disclosed defect may differ in accordance with applicable law.

11. EXCHANGES

MDL Powerup Ltd does not operate a general statutory or voluntary exchange scheme.

Where a customer has a statutory right to a replacement, this will be dealt with in accordance with applicable law.

Any other exchange is at the discretion of MDL Powerup Ltd and must be agreed in advance.

12. WARRANTY CLAIMS

Warranty claims are governed by our separate Warranty Terms & Conditions.

A commercial warranty is separate from statutory rights and does not replace or restrict rights which apply under law.

13. PROOF OF PURCHASE

We may request reasonable evidence that goods were purchased from MDL Powerup Ltd when processing a return, refund, repair, replacement or warranty claim.

This may include an order confirmation, invoice, receipt or other reasonable proof of purchase.

14. REFUNDS

Where a refund is legally due, it will be processed in accordance with the applicable statutory requirements.

Refunds will normally be made to the original payment method unless otherwise agreed or required.

The time taken for a refund to appear after it has been processed may depend upon the customer's bank or payment provider.

15. CONTACT DETAILS

For cancellations, returns, faults or refund enquiries, please contact:

MDL Powerup Ltd
1B Barras Lane
Carlisle
Cumbria
CA5 7NY
United Kingdom

Telephone: 01228 712121
Email: info@mdlpowerup.com

Company Registration Number: 07135552
VAT Registration Number: GB 991 859 847