General Terms & Conditions
Created: February 03 2018
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 website. By submitting your order to us you will be deemed to have accepted these Terms;
- We amend these Terms from time to time. 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 were most recently updated on 03/02/19.
Please note that the statements in our Frequently Asked Questions (“FAQs”) and translations of are provided as a courtesy for your convenience and are not intended to modify these Terms in any way.
Information About Us
We are Magic Mountain Limited, a company registered in England and Wales under company number 2141886 and with our registered office at Suite 3, Bailey Court, Green Street, Macclesfield, SK10 1JQ, United Kingdom. Our main trading address is New Vernon House, Vernon Avenue, Beeston, Nottingham, NG9 2NS.
To contact us, for any reason, contact our Beeston Store team by telephone on 0115 940 9179, by email at firstname.lastname@example.org, or by post to:
New Vernon House
If you are emailing us or writing to us, please include details of your order to help us to identify it.
“Writing” includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our Responsibility For Loss Or Damage Suffered By You
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious, that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
We only supply the products for domestic and private use. 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.
We do not in any way exclude or limit our liability to you where it would be unlawful to do so.
Events Outside Our Control
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.
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, 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.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- We will contact you as soon as reasonably possible to notify you; and
- 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 is over.
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.
How We Use Your Personal Information
We will use the personal information you provide to us:
- Undertake credit reference, fraud prevention and fraud detection searches, and to validate the information you provide us with other publicly-available records (such as the electoral roll);
- To supply the products to you;
- To process your payment for the products; and
- If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We may monitor and record telephone calls. We reserve the right to monitor and record telephone calls to us, or made by us, in order to monitor staff performance, maintain service quality standards and protect our staff from threats and abuse.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
Use Of Our Website
Terms on which we make our website available. By using our website, you confirm that you accept the terms set out in this section. If you do not agree to the terms, you must not use our website.
We may update our website. We may update our website from time to time and change the content at any time. This includes, but in no way limited to, product descriptions, technical product details, product features, product prices, information regarding delivery options offered - including dispatch times and times orders must be placed by.
Our website may not always be accurate or available. We take all reasonable care to ensure that our website is accurate, but we cannot guarantee that our website, or any content on it, will be completely free from errors or omissions. We do not guarantee that our website will always be available or you will be able to use it without interruption. Access to our website is permitted on a temporary basis, and we may suspend or withdraw all or any part of our website without notice. We will not be responsible for any loss or damage you suffer if our website is unavailable at any time.
You must use our website lawfully. You may use our website only for lawful purposes. You may not use our website:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Using our name and the images and material on our website. We are the owner of all intellectual property rights in our website, and in the images and material published on it. Those images and materials are protected by copyright laws around the world. Magic Mountain Limited and our logo are our trademarks. All rights are reserved. You must not use any images or material from our website for any commercial purpose, for example, advertising products that you have bought from us for resale on other websites.
If you want to link another website to our website. You may create a link from your own website to our website homepage (but not to any other page of our website) provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement by us of you or your website unless we have agreed with you in writing. You must not ‘frame’ our website on any other website.
Use of third-party trademarks on our website. We use third-party trademarks on our website for the purpose of describing and identifying the products that we sell on our website. We are not associated, linked or affiliated with the owners of any third party trademarks we use on our website, and do not endorse any of their businesses or products.
Ordering From Us
We are pleased to accept orders by Online transaction (secure server) and in our UK store located in Beeston, Nottingham. All credit / debit card transactions are subject to validation checks and are authorised by the card issuer. You can view our accepted payment options at the Checkout. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder.
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.
If we are unable to accept your order or are unable to supply you with a product we will inform you of this by e-mail and we will not process your order. There are a number of reasons why we may be unable to accept your order or supply a Product, for example:
- The product is not in stock or no longer available;
- We cannot meet your requested delivery date;
- We have identified an error in the price or in the description of the product on our website;
- A credit reference we have obtained for you does not meet our minimum requirements;
- We reasonably believe that you are buying products from us with the intention of reselling them;
- Because of unexpected limits on our resources which we could not reasonably plan for;
- Because you have ordered a Restricted Product and we have been unable to verify your age.
We amend these Terms from time to time. For example, to reflect changes in relevant laws and regulatory requirements, or to implement ‘good practice’ or to improve the efficiency of our order and delivery process. We will always display the current version of these Terms on our website. The version of these Terms displayed on our website at the time you place your order will be the Terms that apply to your order.
We may cancel an order for a product at any time by writing to you if:
- You do not pay us for the products when you are supposed to, for example, your payment is declined by your credit card provider or your bank;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- You do not, within a reasonable time, allow us to deliver the products to you;
- We can demonstrate that you are buying products from us with the intention of reselling them (see "Resale Of Our Products" above);
- You are under 16 years old;
- You use our website, or any content, images or material on our website, in a way that is not permitted by (see "Use Of Our Website" on our General Terms page;
- You behave in an abusive or offensive manner towards our staff;
- We are unable to verify your address or other details in order to satisfy our security procedure for delivery or card processing purposes.
You have a right to cancel your order for up to fourteen days following the day after the date of delivery for any item purchased through the website under the distance selling regulations for refund. This does not apply to any perishable goods, unsealed software, items personalised or made to your specification or to samples and seconds sold at a deep discount.
To cancel any item, you can email, write to us, or call us on 0115 940 9179 quoting your customer name and order number. You must take reasonable care of the items and retain all original packaging. Returning your items within 7 days of cancellation will result in a prompt refund. Items may be returned to our store or to our Customer Service department. All goods are returned at your own expense unless the item is deemed faulty or incorrect, where we will refund the cost on receipt of the goods.
Providing the goods are received back promptly and with their original packaging and all accessories, you will receive a refund within thirty days of your notice to cancel.
All items supplied to the customer remain the property of Magic Mountain Ltd until final payment of all sums owing in respect of those goods has been received in full by us.
Items ordered will be delivered as soon as possible in accordance with the requested delivery service. Charges for the different delivery services are listed online. All delivery charges are subject to change without prior notice. All delivery options are subject to availability.
Standard delivery is not available on all items/orders due to size, weight and cost restrictions. We reserve the right to send parcels by another courier service where we are unable to send them by the requested service. Standard delivery is not a tracked service.
Every effort is made to ensure that delivery is made within the estimated time scales and a maximum of thirty days. All goods are subject to availability. In the event that we are unable to supply your goods within thirty days, we will inform you immediately and advise you of the expected delivery date. Outstanding orders / items can be cancelled at any time. In instances where payment has already been made, an alternative or refund in full for the item(s) concerned will be given.
In the event of any goods delivered by us being damaged in transit, deficient of items shown on the delivery note or failing to match the items ordered by you, then such details must be notified by you to us within seven working days of receipt. If we receive no such notification the customer will be deemed to have accepted the items as satisfactory. We cannot be held liable for any consequential loss caused by late delivery or failure to deliver by the company's appointed carrier. Liability in such cases is limited to the value of those items, which are shown to have not been received by the customer.
Delivery windows provided by our courier companies are an estimate only and may change due to issues outside of our control. These could include but are not limited to issues such as inclement weather or traffic delays.
BFPO Delivery: Please note that parcels direct from us to BFPO addresses do not qualify for free delivery as per the BFPO's relatives and friends service, therefore BFPO deliveries will be charged at our standard BFPO delivery rates. If you wish to take advantage of the BFPO free delivery scheme for relatives and friends, you will need to take your parcel to the Post Office.
Returns and Exchanges
We want you to be entirely satisfied with every purchase made from us and strive to offer you excellent quality, value and service at all times. Please note that certain restrictions to your rights apply to Seconds and Samples as set out below. If you wish to return an item for exchange or you have decided not to keep it, please send it back to us or bring it in to our store together with the products original packaging and labeling within 28 days. We will exchange or refund the cost of the item(s) where appropriate. All goods must be in a new and unused condition together with a copy of your original receipt. Please see our Returns and Exchanges page for more information.
Other than Seconds and Samples which are subject to the specific restrictions below, all products sold are covered by a manufacturers guarantee. These are normally twelve months unless otherwise stated from the date of the original sales invoice.
This guarantee covers items against failure to provide reasonable wear owing to defective workmanship or materials from reasonable wear.
If your item does develop a fault, we will arrange for it to be repaired or replaced, at our discretion, free of charge. If the item is replaced, and an exact replacement is not available, we will do so with one of equivalent specification.
The guarantee excludes faults caused by accident, neglect, including improper care, treatment or exposure to conditions deemed beyond normal conditions, misuse or where the product is deemed to have come to the end of its life through reasonable wear and tear. Any liability is limited to the item only and excludes any consequential loss.
Samples do not carry a manufacturers guarantee. Products marked as Samples are produced by our suppliers to a specification only and are not necessarily full production standard which is why there may be some issues with sizing. Most items are produced in a single size only, most do not have conventional labelling and some may not have the correct fabrics. We will allow returns for faulty items within 60 days and where proof of purchase from Magic Mountain can be produced.
Products marked as Seconds are sold “as described” are not guaranteed at all and no assurance is given or returns accepted. We will do our best to describe any faults and will have reduced the pricing to reflect the degree of fault that we can detect; however there remains a risk that some more minor fault or blemish will have remained undetected.
In the event of a warranty claim, please return the item with a copy of the original receipt to either the location the item was purchased from or to our customer service department at:
Magic Mountain Ltd
New Vernon House
Please identify clearly the area or part that has failed. All items must be returned in a clean, dry condition, otherwise they may be returned to you without attention.
Prices and Discounts Online & In-Store
Prices in our store and our web store are shown in pound sterling (£) and are inclusive of UK VAT at the current rate unless clearly stated otherwise. Prices for Seconds, Samples and Clearance lines are already discounted.
We may withdraw any offer, special promotions or promotional code without notice at any time.
Further discounts may also be available for members of the Magic Mountain Discount Scheme, Staff, and the Family and Friends of Staff. All prices and discounts for any class of customer are subject to change without prior notice. Please see below for more information on the Magic Mountain Discount Scheme.
Prices and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. We reserve the right to alter our prices and specifications without notice.
Magic Mountain Discount Scheme
The Magic Mountain Discount Scheme (“Discount Scheme”) is operated by Magic Mountain Ltd, New Vernon House, Vernon Ave, Beeston, Nottingham NG9 2NS ("we", "us" or "our").
Please read these terms and conditions carefully before using the membership card which we provide you under the scheme ("your membership card"). By registering with the scheme or using your membership card, you indicate that you accept these terms and conditions.
Only members of the Discount Scheme have access to further discounts of the Magic Mountain range of products, which includes further discount to Seconds, Samples and Clearance products. Further discount is only applicable to items over £5.00, and cannot be applied to any grouped or packaged items. We reserve the right to exclude any item or brands from the Discount Scheme.
The Discount Scheme is available for any individual who is aged 16 years or over and is a resident of Great Britain. You can apply to become a member of the scheme by registering in store or by emailing email@example.com. We reserve the right to refuse any application for membership.
The Magic mountain discount scheme offers a selected percentage off the prices shown online and in-store. This discount is offered to those who Magic Mountain deem eligible. Below is a current list of groups recognised by Magic Mountain.
- Public Services and Armed Forces
- Scouts, Guides, and Duke of Edinburgh Award
- Ramblers, National Trust, Wildlife Trust, YHA
- Mountain and Lowland Rescue
- British Mountaineering Council
- UK Athletics & Running Clubs
- Students, Teachers, Education Professionals
We reserve the right the amend the list of associated groups at any time.
Members of the Discount Scheme who are Bollin employees and the family and friends of such employees are eligible to become special members of the scheme and entitled to further discounts, subject to the restrictions in these terms and conditions. On ceasing to be an employee of the Bollin Group both the enhanced membership rights and the rights of any associated family and friends to additional discounts will also cease although all individuals retain the ability to stay as either a Group Member or a Member of the MMM Scheme.
We may choose to issue a discount card on becoming part of the Discount Scheme. This Discount Card holds no value and remains the property of Magic Mountain after it has been issued. Your membership card may only be used by you and for your benefit. You may not transfer any rights or duties of your membership. We reserve the right to withdraw any individual membership card at any time.
You can use your membership card at the Magic Mountain store in Beeston, any additional factory sales, and on magic-mountain.co.uk website. You cannot redeem any benefits of the scheme at any store which does not participate in the scheme. We reserve the right to enrol, withdraw or amend the participation of any store in the scheme at any time.
We reserve the right to revise and amend these terms and conditions at any time. Any changes will be available here in our terms and conditions at all times. You will be subject to the terms and conditions in force at the time that you make use of the Discount Scheme in store or online. We reserve the right to withdraw this scheme at any time in accordance with these terms and conditions.
Other Important Terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under a Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with this transfer, you may contact us to cancel any outstanding orders within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Nobody else has any rights under this contract. 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.
If a court finds part of this contract illegal, the rest will continue in force. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of our breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. 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 and you can bring legal proceedings in respect of the products in the English courts. However, if you are a resident of Northern Ireland you may bring proceedings in the Northern Irish or the English courts, and if you are a resident of Scotland, you may bring proceedings in Scottish or the English courts.