Terms & Conditions for Use & Sales
Our online shop – Marselus-UK.shop
- Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
- Last update: 20th November 2018.
- The Company/Seller/We/Us shall mean Monster Garage (Trading as Marselus UK), Unit 14, Ardley Works, London road, Billericay, CM12 9HP, VAT Registered 261496980.
- Any reference to You/Buyer/Purchaser shall mean any person, sole trader, and partnership, business that buys or has agreed to buy our goods.
- Conditions shall mean these Conditions of Sale.
- Goods shall mean items of any nature that the Purchaser buys or has agreed to buy from the Company.
- You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
- You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
- As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that our customer account username and password or other details have become known to a third party, you should inform us immediately.
- Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use by children.
The payment site uses Secure Sockets Layer (SSL) to ensure secure transmission of your personal data. You should be able to see the padlock symbol in the status bar on the bottom right hand corner of the browser window. The url address will also start with https:// depicting a secure webpage. SSL applies encryption between two points such as your PC and the connecting server. Any data transmitted during the session will be encrypted or scrambled and then decrypted or unscrambled at the receiving end. This will ascertain that data cannot be read during transmission.
PRODUCT PRICING AND TITLE
- We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
- We reserve the right to alter all product pricing without notice.
- Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
- When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
- We will endeavour to fulfil your entire order prior to dispatch, (this may encounter some manufacturing time) unless otherwise instructed any items placed on back order will be supplied as soon as available, unless cancelled by the purchaser.
- We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
- If you are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
SHIPPING & CUSTOM DUTY
- All orders received by us are shipped subject to availability.
- We reserve the right to ship products at a later date where the product ordered is not in stock at the time of purchase.
- We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company.
- If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs. Overseas shipping will be charged at either actual weight or volumetric weight (whichever is the greater).
CANCELLATION RIGHTS, RETURNS & REFUNDS
- Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 28 working days from the day after you receive your goods.
- As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
- No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
- Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
- No right of cancellation exists for personalised goods or special orders.
- Please observe the following procedure for all returns to us:
- On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
- If you are returning your product because it is defective, please state the defect or defects.
- Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
- If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to use.
- You are responsible for paying any postage or shipping costs incurred when returning the product.
- We recommend that all returns be sent by registered post, so that a record of the return is available for you.
- We will not issue refunds for any items lost or stolen in transit to us.
- Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
- If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
- Unused products may be returned promptly by customers to the address listed below:
- Marselus UK, Unit 14, Ardley works, London road, Billericay, CM12 9HP.
- Subject to the above, we will refund the purchase price of a returned product after receipt of the returned item.
- We will also send out delivery labels to return the product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
- For dealers/trade customers, there is a 10% re-stocking charge on any products returned that are not deemed faulty.
Where a Customer experiences a fault with a product it can be returned to Marselus UK. Unused goods that are faulty or defective may be returned within 28 days of receipt as per our normal returns policy. If you have used your products and they have become faulty or defective during use, they can be returned within the warranty period set by the manufacturer. Please contact us prior to returning your goods so we can determine whether a warranty claim can be made.
EVENTS OUTSIDE OUR CONTROL
Marselus UK shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
- Marselus UK grants you a licence to access the content, information and services contained within our website for personal use only.
- This licence allows you to download and cache (using your browser) individual pages from our website.
- This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
- Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
- Our website cannot be placed within the frame-set of another site.
- Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
- The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
- All content, databases, graphics, buttons, icons, logs, layouts and look & feel are the copyright of Marselus UK, unless expressly acknowledge as otherwise.
- The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
REASONABLY FORESEEABLE LOSSES
- Marselus UK will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
- All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
- Marselus UK does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by Marselus UK to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
ENTIRE TERMS & CONDITIONS
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.
We endeavour to respond to all customer complaints or queries as soon possible.
Yours statutory rights are unaffected.