Terms and conditions - martonline.co.uk

TERMS AND CONDITIONS OF USE

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you do not agree with these terms and conditions or any part of these terms and conditions, you must not use this website.

These terms and conditions (together with the documents referred to on it) states to you the terms and conditions on which we supply any of the products listed on martonline.co.uk (our website) to you. These terms and conditions only apply if you are buying as a consumer. Trade/Business customers are subject to our trade/business terms and conditions.

Read carefully these terms and conditions before you place an order of any product from our site. By ordering any of our products, you declare that you agree to be bound by these terms and conditions. You are advised to print and retain a copy of these terms and conditions and your order for future reference.

If you accept the terms of service please tick the box marked “I agree to the terms of service and will adhere to them unconditionally. (Read the Terms of Service)” at the bottom of ordering process (step: 04. Shipping) and titled “Terms of service”. If you refuse to accept these terms and conditions, the ordering process will not continue and you will not be able to order any products from our site.

1. Information about us

martonline.co.uk is a site operated by martonline.co.uk (UK) (we).

2. Range of service availability

Our site is only available for use for the people resident in the United Kingdom (mainland only) and we reserve the right to refuse order(s) from individuals/customers resident elsewhere or requesting a delivery outside United Kingdom. PLEASE NOTE: WE ONLY DELIVER TO *MAINLAND UNITED KINGDOM.

(*MAINLAND UNITED KINGDOM excludes Northern Ireland, Eire, Scottish Offshore, Scottish Highlands, Channel Islands and Isle of Man.).

We make reasonable efforts to make our site available on line. However at times our site may require to be offline for reasons like upgrades, maintenance, removal addition or alteration of services etc. You understand that this may temporarily suspend your access to the Services.

We are not liable for our site being not available on line for any reason or circumstances beyond our control.

3. Your status

By placing an order through our site, you declare that:

3.1: you are at least 18 years old and can lawfully enter into a binding contract
3.2: you are resident in the United Kingdom (mainland only)
3.3: you are accessing our site from the United Kingdom (mainland)
3.4: you will request a delivery only to United Kingdom (mainland)
3.5: you will use genuine personal information for a purchase or for creating an account on the site
3.6: you will not use the Services for anything unlawful.
3.7: you will be courteous and will not use any Services to send, list, distribute or otherwise divulge any material that is illegal, objectionable, misleading, false, defamatory, obscene, abusive, menacing, threatening, otherwise injurious or in breach of third parties' privacy or any intellectual property rights.
3.8: you will not knowingly or negligently cause any Service to be impaired, interrupted or damaged, including without limitation promising to take all reasonable steps to avoid introducing viruses, malware or other such items to http://www.martonline.co.uk systems or other users.
3.9: You will not use the Services for political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".

4. The contract between you and us

4.1: after placing an order, we will send you an e-mail to acknowledge that your order has been received. This acknowledgement e-mail only means that your order has been received. Placement of your order only expresses your desire and convey to us your offer to buy a product. All orders are subject to verification and subsequent acceptance by us. When we have accepted your order such acceptance will be confirmed to you by sending an e-mail (the acceptance confirmation). This constitutes a contract between us. No contract is constituted before you receive the acceptance confirmation e-mail.
4.2: Only the product(s) mentioned in the acceptance confirmation e-mail will relate to the contract and only such product(s) will be supplied as part of the contract. We will not be obliged to supply any other product which is part of your order placed but not mentioned in the acceptance confirmation e-mail. A separate acceptance e-mail may be issued for such other products after verification and acceptance and then the product(s) may be supplied separately.
4.3: In those cases where an order was placed and subsequently we were not able to accept it we will notify you by sending an e-mail which will explain to you the next steps to be taken. We accept any order at our sole discretion.
4.4: Any description, text, images, drawings, photographs, illustrations or advertising displayed at http://www.martonline.co.uk or contained on our site, are solely for the purpose of providing you with an estimated or rough idea of the products they describe. These do not form part of the contract between you and us or any other contract between you and us for the sale of the products. Such material may also be provided by the manufacturer of a product and the consumer is responsible to authenticate or verify the validity of any product information from the manufacturer before purchase.

5. Your rights as a consumer

5.1: if an order is placed by a consumer, the consumer may cancel a contract at any time within 14 working days, starting on the day the product is delivered. In such a case, the consumer will receive a full refund of the price paid for the products in accordance with our refunds policy (please see here).
5.2: To cancel a contract, the consumer must inform us in writing and must also return the product(s) to us immediately, in the same original and new condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. if you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3: you will not have any right to cancel a contract for the supply of any of the following products
5.3.1: computer software which has been unsealed, music files or CDs, video games and
downloaded products
5.3.2: consumable goods except where a fault has been discovered that could not have been identified without unsealing the products.
5.4: This provision does not affect your statutory rights.
5.5: Further information about your statutory rights may be made available by contacting the Citizens Advice Bureau (www.citizensadvice.org.uk) or Consumer Direct (www.direct.gov.uk).
5.6: Some of the information regarding our RETURNS POLICY can be found here.

6. Delivery

6.1: Fulfilment of your order will be made by the delivery date specified in the acceptance confirmation we sent to you or, if no delivery date is specified, then within 30 days of the date of the acceptance confirmation, unless there are exceptional circumstances.
6.2: delivery will be made to the address you stated when you placed the order. No change in the delivery address is possible once an order is processed and left the ware house for delivery.
6.3: there will be no delivery until we receive full payment of all sums due in respect of the products, including delivery charges.
6.4: Delivery will not begin if further checks and verifications are required.
6.5: details of terms and conditions related to our shipping & delivery are found here

7. Risk and title

7.1: The products will be at your own risk once it has left our warehouse for delivery.
7.2: Only when we receive full payment of all sums due in respect of the purchased products, including delivery charges and any other charge, ownership of the purchased product will pass on to you.
7.3: We are entitled to proceed for the recovery of all sums due in respect of the purchased products, including delivery charges and any other charge, before the ownership is passed on to you.

8. Price

8.1: All our prices include VAT but exclude delivery costs, which will be added to the total amount and is displayed at the final checkout stage of our payment process.
8.2:a consumer at the time of placing an order will pay the price of any product(s) as mentioned on our site from time to time, except in cases of an evident error or gross mis-pricing or a mistake in which case we reserve the right to correct that price and charge the amended price. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an acceptance confirmation.
8.3: Due to a large number of products on our website, despite making our best efforts a price discrepancy or a gross mis-pricing may be found. As part of our verification during the process of dispatch we may find a price discrepancy when the product ordered is incorrectly priced. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. You may at your discretion can place a new order and pay the new amended price. In a case of price discrepancy if it is found that the actual price of the product ordered is lower than the quoted price on our website, we will charge the lower price.
8.4: prices are liable to change at any time without notice. However, in cases where an acceptance confirmation has already been sent no change will be made to the price charged for the product.

9. Payment

9.1: We accept payment with visa, visa electron, Mastercard, and PayPal. All payments for the purchase of product(s) must be made by credit or debit card or by PayPal. We shall not despatch any products until we receive cleared funds. no payment shall be deemed to have been received until we have received cleared funds. In case of payments using PayPal as your payment method we reserve the right to not ship to unconfirmed addresses.
9.2: The authority for payment must be given at the time of order. We may contact you by telephone or e-mail if a difficulty arises in case of payment of a part or all of your order. In case your payment is not processed we will charge and administrative fee of £5 for such failed payments.
9.3: We take reasonable care to minimise the possibility of unauthorised access or disclosure of your credit/debit card details. Our website is enabled for Secure Socket Layer (SSL) transactions and we use PCI DSS compliant payment gateway.

10. Our returns and refunds policy

10.1: For details of our RETURNS POLICY (including refunds) please see our Returns Policy here.

11. Limitations of liability

We shall not be liable to you for any loss or damage:

where there is no breach of a legal duty owed to you by us or by our employees or agents;
where such loss or damage is not reasonably foreseeable to us when we accept your order; or
to the extent that any increase in loss or damage results from breach by you of any term of the contract.
to the extent that any increase in loss or damage results from breach by you of any term of the contract.

Our maximum liability to you under the contract shall be only the actual value (or paid value) for the goods that you ordered or purchased and in no case should exceed twice the actual value (or paid value) of goods that you ordered or purchased.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) limit.
These terms and conditions do not affect your statutory rights.

12. Payment checks and security

12.1: We will validate your personal information (including name address and other information) you have supplied during the ordering process against relevant third party agencies and databases. This helps to ensure that your credit, debit or any other charge card is being used with your consent.
12.2: You consent to such checks as mentioned in clause 12.1 above by accepting our terms and conditions. These checks may require disclosure of your personal information (as mentioned in clause 12.1 above) to a registered credit reference agency. To confirm your identity this agency may keep a record of the personal information you provide. We do not ask for a credit check during the ordering and payment process.
12.3: Additional information or documentation may be required during a security check to help verify your identity and supporting the data you have provided.
12.4: You understand that during the process of verification and security checks an authorisation may be declined by the relevant participating agencies. We do not control the acceptance or rejection of such authorisations.
12.5: If a payment authorisation is declined the ordering process will not continue and you are responsible for such decline of payment authorisation. You will also need to take appropriate corrective measures to prevent this decline of payment authorisation when you initiate a new ordering process.

13. Import duty and taxes

As mentioned on our Shipping and Delivery page and as is evident from above (clause 3 and 3.4) that presently we do not deliver to addresses outside UK (mainland). However in those cases where we may change our delivery destinations in future:

13.1: You will be responsible for payment of import duties and taxes applicable for the destination place or country if an order is placed to a destination outside UK. We do not exercise any control on the application of such charges (import duties and taxes) and the amount applicable. Before placing your order please contact your local customs office or the relevant authority for further information.
13.2: You will be responsible for the compliance of all the applicable laws and regulations of the country or the place of destination for which the products are destined and you must bear all the consequences for any non-compliance. We will not be liable for any breach by you of any non-compliance of such applicable laws and regulations.

14. Written and electronic communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. we will contact you by e-mail or provide you with information by posting notices on our website. for contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. this condition does not affect your statutory rights.

15. Notices

all notices given by you to us must be given to martonline.co.uk. we may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. Transfer of rights and obligations

16.1: the contract between you and us is binding on you and us and on our respective successors and assigns.
16.2: you may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3: we may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

17. Force Majeure - Events outside our control

17.1: We will not be liable for events beyond our reasonable control (force majeure events) that may lead to a failure to perform, or delay in the execution of, any of our contractual obligations.

17.2: Such events in particular may include but not limited to the following:

17.2.1: act of nature including but not limited to storm, subsidence, flood, eartquakes, epidemic or any other natural disaster
17.2.2: act of terrorism
17.2.3: act of civil or miltary authority
17.2.4: war or invasion
17.2.5: political insurgency, political upheaval, riot, civil unrest or uprising
17.2.6: transport disruption making impossible the use of public or private motor transport, railways, aircraft, shipping
17.2.7: telecommunication disruption including but not limited to a failure of the public and private networks of telecommunication
17.2.8: industrial action, labour strikes
17.2.9: fire, explosion

17.3: Any time frame mentioned in the terms and conditions will remain suspended for the entire duration of the that force majeure event(s) and will also lead to an appropriate extension of that time frame. We will make all reasonable efforts to find a solution to such an event despite our limitations.

We will not be liable for any delay or failure to perform any of our obligations under any Agreement which is due to an event beyond our control including but not limited to any Act of nature, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

18. Waiver

18.1: if we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2: a waiver by us of any default shall not constitute a waiver of any subsequent default.
8.3: no waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

19. Severability

if any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

If any of these terms are deemed invalid, void or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

20. Data protection

20.1: except as expressly set out in these terms and conditions, your personal information will be used in accordance with our privacy policy of our site.
20.2: when ordering from us we use secure socket layer (SSL) technology.
20.3: by submitting any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless you have indicated to us otherwise.
20.4: We will take all reasonable care to keep the details of your order and payment secure; we will not be liable for any unauthorised access to information supplied by you.

21. Entire agreement

These terms and conditions (together with the documents expressly referred to in these terms and conditions) constitute the entire agreement between you (the consumer) and us (http://www.martonline.co.uk) in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. Any variations from these terms and conditions needs to be confirmed in writing as mentioned in clause 14 above.

22. Changes to the services or this agreement

22.1: We aim to provide you with best experiences and services. This requires that we provide a constantly evolving service. Thus material changes may be required to our Services and these terms and conditions which will be properly notified.
22.2: We have the right to revise and make any amendments to these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
22.3: you will be subject to the policies and terms and conditions in force at the time that you place an order of a product from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the acceptance confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
22.4: If you are not satisfied with any of the changes we have made you must stop using the Services.
22.5: We have taken care to ensure that our website including these terms and conditions do not contradict each other. However if there are any inconsistencies or contradictions then these terms and conditions shall apply instead of any contradictory or inconsistent part of our website.

23. Other terms

In the event that you breach this Agreement we reserve the right to take such action as we think appropriate. If we do not exercise a right available to us under this Agreement, this does not constitute a waiver of our rights.
You may not assign or otherwise transfer this Agreement or any rights or obligations under it without our prior written consent. We may assign or transfer this Agreement, or any rights or obligations under it, on reasonable notice to you.
This Agreement or any of its details therein will not create a partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us.
All provisions in this Agreement, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this Agreement.
Texts, descriptions, images, videos, flyers, posters, etc. about any product or goods on our website are for illustrative purposes or for general guidance only and may differ from the actual appearance of the goods. We are not liable for any action arising out of such a discrepancy related to such differences. You should contact the manufacturer for any detailed and accurate information about the text, description, images, videos, flyers, posters, etc. about any product.

24. Law and jurisdiction

Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
www.martonline.co.uk

The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes (including non-contractual disputes or claims) arising out of such access.