Terms and Conditions
1. GENERAL CONDITIONS OF SALE
Each order placed with Martin & Pleasance UK Limited or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions. Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order from us, unless any change is required to be made to these by law or governmental authority (in which case it may apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order. Any order placed through this Website can only be delivered to the United Kingdom of Great Britain. We regret that we cannot deliver elsewhere.
1.1. PRICES AND PAYMENT
The prices payable for the items you order are those displayed on this Website on the date you place your order, these are inclusive of VAT but exclusive of delivery charges. Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order. The price of a product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured. Martin & Pleasance UK Limited reserves the right to modify the prices of its products in the future at any time and without notice. The modifications of prices will not apply to orders of products already confirmed by Martin & Pleasance UK Limited.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the products to you at the price shown. We always try and ensure that the prices of products shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the products that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
You hereby confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
1.2. ORDER CONFIRMATION
All orders are subject to acceptance and availability. If the products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the products from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase products on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or other account or (ii) dispatch the products to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (the “Dispatch Confirmation”). The contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
The photographs and texts illustrating and describing the products on this Website are non-contractual and for information purposes alone. Martin & Pleasance UK Limited shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, Martin & Pleasance UK Limited ""s liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the products in respect of which damages are claimed.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective products under the Consumer Protection Act 1987 (UK); or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
1.4. FORCE MAJEURE
Martin & Pleasance UK Limited will make every reasonable effort to fulfil its obligations. However, Martin & Pleasance UK Limited cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control ("Force Majeure"). Such circumstances include, without limitation, strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of products. In the event of a delay caused by Force Majeure, Martin & Pleasance UK Limited ""s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Martin & Pleasance UK Limited will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. 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 delivery charges.
The Website is provided on an ""as is"" and ""as available"" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems, including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
2.1. COPYRIGHT AND INTELLECTUAL PROPERTY
The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Martin & Pleasance UK Limited or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as provided hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.
2.2. USE OF THE WEBSITES
You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Martin & Pleasance UK Limited. Martin & Pleasance UK Limited neither warrants, nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the review throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
2.4. INFORMATION DEEMED NON-CONFIDENTIAL
Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Notice. Martin & Pleasance UK Limited invites you to read such Privacy Notice carefully before providing us with any such personally identifying data and information.
2.5. LIMITATION OF LIABILITY
By accessing, using, browsing and navigating on our Websites:
You warrant that: you are legally capable of entering into binding contracts; you are at least 18 years of age; the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You authorise us to transmit information and to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
You recognise and accept that, to the fullest extent permitted by applicable regulations, neither Martin & Pleasance UK Limited, any of its affiliated companies, nor any other party involved in creating, producing or delivering the websites, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Martin & Pleasance UK Limited), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the websites or their content.
All materials which are downloaded or obtained by any other manner during the use of our websites are at your own risk and peril. Martin & Pleasance UK Limited assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its websites or for any illegal intrusion or intervention in the it systems.
Martin & Pleasance UK Limited reserves the right to interrupt or discontinue any or all the functionality of its websites. Martin & Pleasance UK Limited accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its websites resulting from actions or omissions of Martin & Pleasance UK Limited or any third party.