Terms & Conditions
Matalan Direct Online Terms and Conditions of Supply
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website http://direct.matalan.co.uk. We are Matalan Direct Limited, a company registered in England and Wales under company number 8420456 and with our registered office at Perimeter Road, Knowsley Industrial Park, Liverpool L33 7SZ. Our VAT number is 156 7197 77.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 10, you just need to let us know that you have decided to cancel. The easiest way to do this is to call our customer services team on 0333 344 3177. You can also email us at firstname.lastname@example.org or complete and submit the cancellation form or send your cancellation by post to Matalan Customer Services, Perimeter Road, Knowsley Industrial Park, Liverpool L33 7SZ. If you choose to email us or write to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on 0333 344 3177 or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or post to the address you provide to us in your order.
1.3 Contacting us if you are a business: You may contact us by telephoning our customer services team on 0333 344 3177 or by emailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 We are supplying the Products only and will not accept any responsibility or liability in respect of the installation or subsequent use of the Products. It is your responsibility to ensure that when installed, they are installed safely and correctly and in line with current legislation and that the Products are used safely and in accordance with any manufacturer’s guidelines.
3. Use of our site
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. Age restrictions
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 16 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process that part of your order which deals with the Product. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible. In the case of an Order with multiple Products we will refund only that element of the order which relates to the price of the Product and we will not refund the delivery costs. Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and contact you to arrange a later delivery date for out of stock items or a refund for those items.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your right of return and refund
9.1 If you are not satisfied with your Products, you can arrange to have it returned to us for an exchange or refund, provided you notify us within 14 days of delivery. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. The following items are excluded from our returns policy:
9.2 To request a refund or exchange, please contact our customer services team at email@example.com or via telephone on 0333 344 3177.
9.3 Products returned to us must be done so within 14 days of receipt. We will refund the collection charge if an item has been received damaged, faulty, or unfit for purpose. Should you choose to return a Product, we can provide the use of our courier services and will charge £9 for the return of a small item, £20 for the return of a large item using our 1 man service and £55 for large items that require the use of our 2 man service. These charges will be deducted from your refund before it is issued.
9.4 We are unable to accept any responsibility for items that are lost or damaged in the post. You must ensure that your items are securely packaged, and obtain a proof of posting.
9.5 Refunds will be made following our collection of the Product(s). Subject to the returned Products complying with the refund eligibility criteria set out in paragraph 9.1 above, the refund shall cover the returned Product(s) less the return delivery costs, if you have used our courier services (as further detailed in clause 9.3 above). Likewise, if you wish to exchange a Product, we are able to arrange for collection, subject to payment of the courier charges. We will redeliver the exchanged item, however we shall not refund you the original delivery charges. Any refund granted shall be made on the credit card or debit card used by you to pay. If the card you used to pay with expires before the refund is made, please call us to give us your new card details. If you paid using vouchers, we will refund you with vouchers.
10. Additional cancellation rights for consumers
For the purposes of these Terms, a consumer is “an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.” This clause 10 only applies if you are a consumer:
10.1 If you are a consumer, in addition to the above rights of refund and exchange (see clause 9 above), you also have additional statutory rights. You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2 However, this cancellation right does not apply in the case of:
(a) Quilts, duvets, mattresses or pillows;
(b) any Products which become mixed inseparably with other items after their delivery;
(c) sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; or
(d) goods which are made to your specification or which are clearly personalised.
10.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
10.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to call our customer service team on 0333 344 3177. You can also e-mail us at firstname.lastname@example.org or complete and submit our cancellation form, or send your cancellation by post to Matalan Customer Services, Perimeter Road, Knowsley Industrial Park, Liverpool L33 7SZ. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
10.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See clause 9.1 above about what handling is acceptable.
(b) refund the delivery costs you paid when the Products were originally delivered (if any);
(c) make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
10.6 If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges.
10.7 We will refund you on the credit card or debit card used by you to pay. If the card you used to pay with expires before the refund is made please call us to give us your new card details.
10.8 If a Product has been delivered to you before you decide to cancel your Contract, then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Should you wish, we can provide the use of our courier service to return the Product(s) to us and we will charge £9 for the return of a small item, £20 for the return of a large item using our 1 man service and £55 for large items that require the use of our 2 man service. In this case, the applicable courier charge will be deducted from your refund before it is made to you, which will be following our collection of the Product(s).
10.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.1 An estimated delivery date shall be provided with the Dispatch Confirmation, and we shall aim for this to be within 15 days after the date of such Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an event outside our control (as defined in clause 18.2). See clause 18 for our responsibilities when this happens.
11.2 If no one is available at your address to take delivery, where possible our couriers will leave the parcel in a safe place or with a neighbour, depending on what has been agreed with you. If neither of these options are available our courier will leave a card explaining what the next step is in the delivery process.
11.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us.
11.4 You own the Products once we have received payment in full (including all applicable delivery charges) and the Products have been delivered to you.
11.5 For all Delivery Options: Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items. You will not be charged for anything we do not send to you. If you aren’t in when we call to deliver, depending on the size of the product we won’t always need a signature, we can leave it with a neighbour or in a safe place for you. Whilst we are able to deliver to your work address, remember that these orders may take slightly longer to get to you. But be sure we'll do everything we can to get it there as soon as possible.
11.6 Whilst we shall endeavour to deliver the Products ordered within our estimated timescales, we do not guarantee that the Products will be delivered by a particular date or time and we will not be responsible or in any way liable for any costs you incur from hiring plumbers and / or other tradesmen in anticipation of having received the Products by a particular date or time.
11.7 If you are a consumer, the following clauses apply:
11.7.1 If we miss the 15-day delivery deadline for any Products and provided such deadline is not missed as a result of your not being available to accept delivery, then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
11.7.2 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.7.1, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
11.7.3 If you do choose to cancel your order for late delivery under clause 11.7.1 or clause 11.7.2, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
12. No international delivery
Unfortunately, we do not currently deliver to addresses in Northern Ireland, the Isle of Man, the Isle of Wight and any other locations outside of mainland Great Britain.
13. Price of products and delivery charges
13.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
13.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
13.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
14. How to pay
14.1 You can only pay for Products using a debit card, credit card, Paypal or Amazon Payments. We accept the following cards: American Express, Visa and MasterCard.
14.2 Payment for the Products and all applicable delivery charges is in advance. All funds are taken from your chosen payment method when you place your order.
15. Manufacturer guarantees
15.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
15.2 A manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.
16.2 Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
16.3 Subject to clause 16.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
16.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2 We are supplying you the Products for domestic and private use only. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, extreme weather conditions, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
19. Communications between us
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer you may contact us as described in clause 1.2.
19.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally or sent by e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of any guarantee offered with the Product, if there is one, to the recipient of the gift without needing to ask our consent.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, if there is one, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
20.8 If you have a complaint, our complaints handling policy is that your complaint is picked up within 24 hours of it being lodged with us and will then be investigated at the appropriate level within our organisation. We offer no guarantees whatsoever in relation to how long it will take to resolve your complaint.