Mark 5 - Terms & Conditions
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Terms &
Conditions of Business
Mark 5 operates different Terms
& Conditions depending on whether you are a Business Customer or a
Non-Business Customer ("Consumer").
Please ensure you read the
whole of the
correct Terms & Conditions.
When you order goods or
services from Mark 5 Ltd you are deemed to have read and accepted the relevant
Terms and Conditions. |
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Terms & Conditions: Business Customers
Terms & Conditions: Non-Business Customers ("Consumers") |
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Terms and
Conditions for Business Customers |
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1
Definitions
2 Applicability of terms and conditions
3 The contract between you and us
4 Price
5 Goods
6 Cancellation by us
7 Delivery
8 Returns
9 Title and Passing of Risk
10 Liability
11 Events beyond our control
12 Indemnity
13 No set-off
14 Intellectual Property
15 Invalidity
16 Privacy
17 Third party rights
18 Entire agreement
19 Successors and assigns
20 Notices
21 English language version to prevail
22 Law and jurisdiction |
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1. Definitions
In these conditions, unless the context requires otherwise:
1.1. ‘you’ means the individual who buys or agrees to buy the goods from
us;
1.2. ‘business days’ or ‘working days’ means Monday to Friday both days
inclusive but excluding any bank or public holidays in England
1.3. ‘conditions’ means the terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing by us;
1.4. ‘consumer’ means a private individual who order goods from us for
his or her private non-business use
1.5. ‘days’ means business days
1.6. ‘goods’ means the articles which you agree to buy from us;
1.7. ‘minimum order value’ means a price of not less than the amount
specified on our website from time to time as the minimum order value
(presently £25 pounds sterling).
1.8. ‘price’ means the price for the goods in pounds sterling excluding
carriage, packing, insurance, VAT, and credit card charges;
1.9. ‘us, we’ means Mark 5 Limited, Company registration number 2827239,
whose registered office is at: 42 Southbourne Avenue Drayton Portsmouth
Hampshire PO6 2HN
1.10. ‘website’ means our website at internet domain address
www.mark5.co.uk
1.11. ‘writing’ means any written format including emails and
communications transmitted via our website
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2. Applicability of these terms and
conditions
2.1. These terms and conditions apply to the contract between you
and us except if you are ordering goods as a consumer; if you order
goods as a consumer, the Terms and Conditions for Non-Business Customers
shall apply.
2.2. If you incorrectly declare yourself to be a consumer when ordering
goods from us, you will be liable to indemnify us from and against any
loss damage or liability (whether criminal or civil) suffered by us and
legal fees and costs incurred by us in that regard.
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3. The contract between you and us
3.1. Unless you are an existing account holder we must receive
payment of the whole of the price, including any delivery costs, taxes
and other charges applicable for the goods that you order before your
order can be accepted and processed.
3.2. All orders by you (however made) for goods shall be deemed to be an
irrevocable offer by you to purchase goods pursuant to these terms and
conditions. We require telephonic or other oral orders to be confirmed
in writing.
3.3. By ordering goods from us, you will be deemed to have accepted
these terms and conditions in full and without amendment notwithstanding
3.3.1. that you may state anything to the contrary in your order;
3.3.2. that you may have sent to us or notified us, at any time, of your
own terms and conditions of purchase or any similar document;
3.3.3. that we may have requested you to sign and return a copy of these
terms and conditions but you have not done so.
3.4. Unless you are an existing account holder, should we not receive
your payment within 7 business days of you placing your order, any
pending reservation we may have made from our own stock inventory or
with any supplier will be cancelled (and the goods may not subsequently
be available).
3.5. Unless you are an account holder, no order will be accepted until
payment has been received by us in cleared funds. Any acceptance will be
subject to these terms and conditions.
3.6. We will endeavour to send confirmation that your order has been
accepted by:
3.6.1. sending an email to you at any email address you may have
provided with your order; or
3.6.2. by post to the billing address specified by you with your order.
3.7. Our acceptance of your order brings into existence a legally
binding contract between us.
3.8. Any variation or amendment to these terms and conditions shall not
be valid unless agreed to in writing by us.
3.9. You are solely responsible for ensuring the accuracy of the details
provided with your order and we will not be obliged to accept an order
unless all details requested on any order form have been entered
correctly. You are also responsible for ensuring that the goods
requested are suitable and compatible for your purpose.
3.10. All orders are subject to a minimum order value and we reserve the
right to charge a price equal to the minimum order value for any orders
which would otherwise be less than the minimum order value.
3.11. Discounts which may be offered to you if you order online (after
having registered on our website) are strictly applicable to online
orders only.
3.12. We reserve the right in our sole discretion and without notice
3.12.1. to amend or remove any discount advertised from time to time; or
3.12.2. to terminate your online registration.
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4.
Price
4.1. The prices payable for goods that you order are as set out in
our website or as quoted by our customer services representative, errors
and omissions excepted.
4.2. Any prices given by our customer services representatives will be
valid for a maximum of 5 business days starting from the day of the
quotation, errors and omissions excepted.
4.3. All prices unless expressly stated are exclusive of VAT, credit
card or bank charges and costs of delivery. All prices are in pounds
sterling and any quotation in any other currency will be for guidance
only.
4.4. You will be required to pay extra for delivery and it might not be
possible for us to deliver to some locations. Our delivery charges are
set out in our website.
4.5. If you pay by credit card, payment will be processed immediately
upon you placing the order.
4.6. If you pay by electronic transfer or direct deposit into our bank
account, it is your sole responsibility to ensure that you or your bank,
as the case may be, notify us of the payment being made.
4.7. Unless you are ordering on account with us, you are to pay promptly
upon placing an order but in any event within 7 business days of such
order (but you should not transfer funds to us prior to placing your
order).
4.8. If you are an account holder with us you must specify the account
number during the ordering process.
4.9. Terms of payment for account holders are strictly 30 days from date
of invoice and we reserve the right to charge interest on overdue
accounts in accordance with the Late Payment of Commercial Debts
(Interest) Act 1998. We may offer discounts for early payment from time
to time but reserve the rights to amend or withdraw such discounts
without notice.
4.10. If you make separate orders with us you will be charged the
shipping costs as set out on the website or as advised by us for each
individual order which will be sent separately to your delivery address
unless you specifically request that the goods be sent together. Goods
which are separately ordered may only be sent together solely at our
discretion and will however not be available to be sent together if the
first separate order of goods has reached in our opinion our shipping
process. A ‘separate order’ is defined for website orders as being an
order which has followed and completed all the steps in the online order
process page contained on the website. For all other types of order a
‘separate order’ is defined as being an order which has been taken and
which is concluded once payment details have been received.
4.11. If you wish to order on our website and require us to supply a pro
forma invoice for payment purposes you will only be given this option if
you have registered first.. We also reserve the right to charge a fee of
£25 in order to cover bank charges and other administrative costs.
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5. The Goods
5.1. The description of the goods to be supplied will be as set out in
our quotation, or in the absence of a quotation, as set out on our
website at the time of order.
5.2. We warrant that the goods supplied will at the time of their
delivery correspond to the description given by us and that we will have
the right to sell the goods to you.
5.3. Subject to clause 5.2, all other warranties, conditions or terms
relating to fitness for purpose, quality or condition of the goods,
whether express or implied by statute or common law or otherwise are
excluded to the fullest extent permitted by law.
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6. Cancellation by us
6.1. We reserve the right to cancel the contract between you and us if
in our sole opinion:
6.1.1. we have insufficient stock to supply the goods you have ordered;
6.1.2. we are unable to source the stock on an economically viable basis
6.1.3. we do not deliver to your area; or
6.1.4. one or more of the goods you ordered was listed at an incorrect
price due to a typographical error or an error in the pricing
information received by us from our suppliers; or
6.1.5. you have incorrectly declared yourself to be a consumer for the
purposes of your order.
6.2. If we do cancel a contract we will notify you by e-mail, fax or
post and will refund your payment (whether by credit to your account, a
re-credit to credit card or other appropriate payment method) as soon as
possible but in any event within 30 days of your order.
6.3. If we cancel your contract, we will not be obliged to offer any
additional compensation for disappointment suffered and we will not be
liable to you for any damage, loss or harm suffered by you as a result
of such cancellation.
7. Delivery
7.1. We will deliver the goods ordered by you to the address you give us
for delivery at the time you make your order.
7.2. Delivery will be made as soon as possible after your order is
accepted and in any event within 30 business days of acceptance of your
order.
7.3. Delivery dates are subject to factors beyond our direct control and
therefore any delivery date notified to you will always be an estimate.
7.4. Unless you are an account holder with us, goods will only be
despatched only upon your payment being received by us, and in the case
of payment by cheque or bank transfer, cleared. Cheque or bank payments
may therefore delay shipment.
7.5. Acceptance of delivery of the goods shall be deemed conclusive
evidence of your acceptance of these terms and conditions (if not
already accepted or deemed accepted).
7.6. For the purposes of calculating estimated delivery dates, orders
received after 3.30pm will be deemed to be received at 8.30 a.m the
following day.
7.7. The shipping rates page on the website are illustrative of
estimated delivery timescales and prices of delivery.
7.8. You are solely responsible for ensuring that you are available to
accept delivery at the delivery address during normal business hours. We
will have no liability for any lost or damaged goods if the delivery
service used by us have to leave the goods at the delivery address in
your absence.
7.9. In the event that the goods are delivered (or delivery is tendered)
within a two week period of the estimated delivery date, you will be
bound to accept delivery of the goods and will be liable for the price
of the goods in full.
7.10. We shall not be liable to you for any loss or damage whatever due
to the failure by us to deliver the goods (or any part of them) by the
estimates delivery date or at all.
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8. Returns
8.1. You will be deemed to have accepted the goods unless you notify us
in writing within 2 business days of the date of delivery of
8.1.1. any discrepancies in the quantities of the goods ordered and
actually delivered or
8.1.2. any alleged non-conformity of the goods delivered with the terms
of the contract between us.
8.2. If the goods delivered to you
8.2.1. have been supplied by us in the incorrect quantity then in our
sole discretion we may, in the event of a shortfall, either send
additional goods to make up any shortfall or credit you with the amount
of any such shortfall or, in the event of an oversupply, refund you for
any excess against prompt return by you of such excess; or
8.2.2. do not conform with the terms of the contract between us, then
upon our verifying such non-conformance we may in our sole discretion
either send you replacement goods or credit you for the amount paid by
you, in each case against prompt return by you of the non-conforming
goods.
8.3. In the event that any goods are to be returned to us by you then
you must obtain our prior written approval and must comply with our
returns authorisation procedure. Goods returned to us without our prior
written approval or without complying with our returns authorisation
procedure will at our sole discretion be returned to you or stored by us
at your cost (all without prejudice to any further rights which we may
have).
8.4. Save for the aforegoing provisions of clause 8.2 we shall have no
liability to you for any short delivery or non-delivery of the goods or
for any non-conformity of the goods with the terms of the contract
between us.
8.5. Save for returns made under clauses 8.2 and 8.3, goods sold by us
are strictly non-returnable. However, notwithstanding the foregoing,
should we agree to allow the return of any goods (subject to compliance
with our returns authorisation procedure), we reserve the right to
charge a handling fee of 25% of the price of the goods.
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9. Title and Passing of Risk
9.1. Once goods have been delivered to you they will be held at your own
risk and we will not be liable for their damage, loss or destruction
9.2. You will become the owner of the goods you have ordered when they
have been delivered provided that you have paid in full for the goods.
9.3. In the event that you have ordered the goods on account or
otherwise owe us any amount in respect of the goods, then we retain
ownership in the goods delivered as against you and any sub-buyer,
either until the full purchase price of the goods has been paid or until
all amounts owed by you to us have been paid at which point title will
pass.
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10. Liability
10.1. Nothing in these terms and conditions is intended to exclude or
limit our liability to you for any death or personal injury resulting
from our negligence.
10.2. Save as precluded by law,
10.2.1. we will not be liable to you for any loss of profits, business
or goodwill or for any indirect or consequential loss, damage or
expenses howsoever arising out of or in connection with
10.2.1.1. any order placed by you; or
10.2.1.2. any breach or default by us under these terms and conditions
or any contract between us; and
10.2.2. in any event, we shall have no liability to pay any money to you
by way of damages, compensation or otherwise other than to refund to you
the amount paid by you for the goods in question.
10.3. You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other
permits to purchase goods from our site. The importation or exportation
of certain of our goods to you may be prohibited by certain national
laws or governmental or regulatory authorities. We make no
representation and accept no liability in respect of the export or
import of the goods you purchase.
10.4. We have no liability for, nor do we endorse, any third party
websites which may be linked to our website.
11. Events beyond our control
We shall have no liability to you for any failure to deliver goods you
have ordered or any delay in doing so or for any damage or defect to
goods delivered that is caused by any event or circumstance beyond our
reasonable control including, without limitation, strikes, lock-outs and
other industrial disputes, breakdown of systems or network access,
flood, fire, explosion or accident.
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12. Indemnity
12.1. You agree to indemnify and keep indemnified us from and against
any and all loss damage or liability (whether criminal or civil)
suffered and legal fees and costs incurred by us resulting from any
breach by you of these terms and conditions or any contract between us.
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13. No set-off
13.1. You will not be able to claim set-off for any reason against any
amount owed by you to us.
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14. Intellectual Property
14.1. You will not cause or permit anything which may damage or
danger our intellectual property or our title to such intellectual
property or assist or allow others to do so.
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15. Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability to you) the
enforceability of any other part of these conditions will not be
affected.
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16. Privacy
You acknowledge and agree to be bound by the terms of our privacy
policy.
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17. Third party rights
Except for our affiliates, directors, employees or representatives,
a person who is not a party to this agreement has no right under the UK
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
agreement but this does not affect any right or remedy of a third party
that exists or is available apart from that Act.
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18. Entire agreement
These terms and conditions, together with our current website
prices, delivery details, contact details and privacy policy, set out
the whole of our agreement relating to the supply of the goods to you by
us. Nothing said by any sales person on our behalf should be understood
as a variation of these terms and conditions or as an authorised
representation about the nature or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation, we shall have no
liability for any such representation being untrue or misleading.
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19. Successors and assigns
19.1. These terms and conditions shall be binding upon your
successors and assigns.
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20. Notices
20.1. Unless otherwise expressly stated in these terms and
conditions, all notices from you to us must be in writing and sent by
first class post or airmail or by hand or recorded delivery to our
contact address at 4a Fernwood House, 45-47 London Road, Cowplain,
Hampshire, PO8 8DH or by e-mail to
customerservices@mark5.com or by faxing +44 (0) 23 9261 8619 and all
notices from us to you will be displayed on our website unless this is
not suitable where a different method will be used from to time.
20.2. In the absence of evidence of earlier receipt any notice shall be
deemed to be duly served:
20.2.1. if delivered personally when left at the above address;
20.2.2. if sent by post within the United Kingdom, on first business day
after the date of posting;
20.2.3. if sent by airmail outside of the United Kingdom, seven business
days after the date of posting;
20.2.4. if sent by e-mail, when received, on the next business day after
transmission;
20.2.5. if sent by fax, the next working day after transmission but only
if the transmission report is generated by the sender’s fax machine
recording a message from the recipient’s fax machine, confirming that
the fax was sent to the number indicated above and confirming that all
pages were successfully transmitted.
20.3. In proving the giving of a notice it shall be sufficient to prove
that the notice was left, or that the envelope containing the notice was
properly addressed and posted, or that the applicable means of
telecommunication was addressed and despatched and despatch of the
transmission was confirmed and/or acknowledged as the case may be.
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21. English language version to prevail
These terms and conditions are made only in the English language. If
there is any conflict in meaning between the English language version of
these terms and conditions and any version or translation of these terms
and conditions in any other language, the English language version shall
prevail.
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22. Law and jurisdiction
22.1. These terms and conditions shall be governed by and construed
in all respects in accordance with English law.
22.2. In relation to any legal action or proceedings to enforce these
terms and conditions or arising out of or in connection with this
agreement (‘Proceedings’) each of the parties irrevocably submits to the
jurisdiction of the English courts and waives any objection to
proceedings in such courts on the grounds of venue or on the grounds
that the proceedings have been brought in an inconvenient forum.
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Terms and
Conditions for Non-Business Customers ("Consumers") |
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1
Definitions
2 Applicability of terms and conditions
3 The contract between you and us
4 Price
5 Right for you to cancel your contract
6 Cancellation by us
7 Delivery of goods to you
8 Liability
9 Notices
10 Events beyond our control
11 Invalidity
12 Privacy
13 Third party rights
14 Complaints
15 Entire agreement
16 Title
17 English language version to prevail
18 Law and jurisdiction |
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1.
Definitions
In these conditions, unless the context requires otherwise:
1.1. ‘you’ means the individual who buys or agrees to buy the goods from
us;
1.2. ‘business days’ or ‘working days’ means Monday to Friday both days
inclusive but excluding any bank or public holidays in England
1.3. ‘conditions’ means the terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing by us;
1.4. ‘consumer’ means a private individual who order goods from us for
his or her private non-business use
1.5. ‘days’ mean business days
1.6. ‘goods’ means the articles which you agree to buy from us;
1.7. ‘minimum order value’ means a price of not less than the amount
specified on our website from time to time as the minimum order value
(presently £25 pounds sterling).
1.8. ‘price’ means the price for the goods in pounds sterling excluding
carriage, packing, insurance, VAT, and credit card charges;
1.9. ‘us, we’ means Mark 5 Limited, Company registration number 2827239,
whose registered office is at: 42 Southbourne Avenue Drayton Portsmouth
Hampshire PO6 2HN
1.10. ‘website’ means our website at internet domain address
www.mark5.co.uk
1.11. ‘writing’ means any written format including emails and
communications transmitted via our website
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2. Applicability of these terms and
conditions
2.1. These terms and conditions apply to the contract between you
and us only if you are ordering goods as a consumer; if you order goods
other than as a consumer, the Terms and Conditions for Business shall
apply.
2.2. If you incorrectly declare yourself to be a consumer when ordering
goods from us, you will be liable to indemnify us from and against any
loss damage or liability (whether criminal or civil) suffered by us and
legal fees and costs incurred by us in that regard.
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3. The contract between you and us
3.1. Unless you are an existing account holder we must receive
payment of the whole of the price, including any delivery costs, taxes
and other charges applicable for the goods that you order before your
order can be accepted and processed.
3.2. All orders by you (however made) for goods shall be deemed to be an
irrevocable offer by you to purchase goods pursuant to these terms and
conditions. We require telephonic or other oral orders to be confirmed
in writing.
3.3. By ordering goods from us, you will be deemed to have accepted
these terms and conditions in full and without amendment notwithstanding
3.3.1. that you may state anything to the contrary in your order;
3.3.2. that we may have requested you to sign and return a copy of these
terms and conditions but you have not done so.
3.4. Unless you are an existing account holder, should we not receive
your payment within 7 business days of you placing your order, any
pending reservation we may have made from our own stock inventory or
with any supplier will be cancelled (and the goods may not subsequently
be available).
3.5. Unless you are an account holder, no order will be accepted until
payment has been received by us in cleared funds. Any acceptance will be
subject to these terms and conditions.
3.6. We will endeavour to send confirmation that your order has been
accepted by:
3.6.1. sending an email to you at any email address you may have
provided with your order; or
3.6.2. by post to the billing address specified by you with your order.
3.7. Our acceptance of your order brings into existence a legally
binding contract between us.
3.8. Any variation or amendment to these terms and conditions shall not
be valid unless agreed to in writing by us.
3.9. You are solely responsible for ensuring the accuracy of the details
provided with your order and we will not be obliged to accept an order
unless all details requested on any order form have been entered
correctly. You are also responsible for ensuring that the goods
requested are suitable and compatible for your purpose.
3.10. All orders are subject to a minimum order value and we reserve the
right to charge a price equal to the minimum order value for any orders
which would otherwise be less than the minimum order value.
3.11. Discounts which may be offered to you if you order online (after
having registered on our website) are strictly applicable to online
orders only.
3.12. We reserve the right in our sole discretion and without notice
3.12.1. to amend or remove any discount advertised from time to time; or
3.12.2. to terminate your online registration.
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4. Price
4.1. The prices payable for goods that you order are as set out in
our website or as quoted by our customer services representative, errors
and omissions excepted.
4.2. Any prices given by our customer services representatives will be
valid for a maximum of 5 business days starting from the day of the
quotation, errors and omissions excepted.
4.3. All prices unless expressly stated are exclusive of VAT, bank
charges and costs of delivery. All prices are in pounds sterling and any
quotation in any other currency will be for guidance only.
4.4. You will be required to pay extra for delivery and it might not be
possible for us to deliver to some locations. Our delivery charges are
set out in our website.
4.5. If you pay by credit card, payment will be processed immediately
upon you placing the order.
4.6. If you pay by electronic transfer or direct deposit into our bank
account, it is your sole responsibility to ensure that you or your bank,
as the case may be, notify us of the payment being made.
4.7. Unless you are ordering on account with us, you are to pay promptly
upon placing an order but in any event within 7 business days of such
order (but you should not transfer funds to us prior to placing your
order).
4.8. If you are an account holder with us you must specify the account
number during the ordering process.
4.9. Terms of payment for account holders are strictly 30 days from date
of invoice and we reserve the right to charge interest on overdue
accounts in accordance with the Late Payment of Commercial Debts
(Interest) Act 1998. We may offer discounts for early payment from time
to time but reserve the rights to amend or withdraw such discounts
without notice.
4.10. If you make separate orders with us you will be charged the
shipping costs as set out on the website or as advised by us for each
individual order which will be sent separately to your delivery address
unless you specifically request that the goods be sent together. Goods
which are separately ordered may only be sent together solely at our
discretion and will however not be available to be sent together if the
first separate order of goods has reached in our opinion our shipping
process. A ‘separate order’ is defined for website orders as being an
order which has followed and completed all the steps in the online order
process page contained on the website. For all other types of order a
‘separate order’ is defined as being an order which has been taken and
which is concluded once payment details have been received.
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5. Right for you to cancel your contract
5.1. You may cancel your contract with us for the goods you order at
any time up to the end of the seventh working day from the date you
receive the ordered goods. You do not need to give us any reason for
cancelling your contract nor will you have to pay any penalty.
5.2. To cancel your contract unless as stated otherwise you must notify
us by e-mail at
customerservices@mark5.com, or by
faxing +44 (0) 23 9261 8619 or by post to 4a Fernwood House, 45-47
London Road, Cowplain, Hampshire, PO8 8DH. If you placed the order you
intend to cancel via our website or fax then you must give us notice by
either e-mail or fax. If you place an order using a different method
other than the website or fax you can use any method of notice contained
within this clause.
5.3. We request that goods are returned in an unused condition, in their
original packaging and with the complete documentation.
5.4. Goods to be returned must clearly show the order number obtained
from us on the package.
5.5. If you have received the goods before you cancel your contract then
unless you do not have a right to cancel you must send the goods back to
our contact address at your own cost and risk. If you cancel your
contract but we have already processed the goods for delivery you must
not unpack the goods when they are received by you and you must send the
goods back to us at our contact address at your own cost and risk as
soon as possible.
5.6. Once you have notified us that you are cancelling your contract,
any sum debited to us from your credit card or other authorised payment
method will be re-credited to your account as soon as possible and in
any event within 30 days of your order provided that the goods in
question are returned by you and received by us in the condition they
were in when delivered to you. If you do not return the goods delivered
to you or do not pay the costs of delivery, we shall be entitled to
deduct the direct costs of recovering the goods from the amount to be
re-credited to you.
5.7. If the goods which are returned are damaged and are not saleable as
new you will be liable for the cost of the goods.
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6. Cancellation by us
6.1. We reserve the right to cancel the contract between you and us
if in our sole opinion:
6.1.1. we have insufficient stock to supply the goods you have ordered;
6.1.2. we are unable to source the stock on an economically viable basis
6.1.3. we do not deliver to your area; or
6.1.4. one or more of the goods you ordered was listed at an incorrect
price due to a typographical error or an error in the pricing
information received by us from our suppliers; or
6.1.5. you have incorrectly declared yourself to be a consumer for the
purposes of your order.
6.2. If we do cancel a contract we will notify you by e-mail, fax or
post and will refund your payment (whether by credit to your account, a
re-credit to credit card or other appropriate payment method) as soon as
possible but in any event within 30 days of your order.
6.3. If we cancel your contract, we will not be obliged to offer any
additional compensation for disappointment suffered and we will not be
liable to you for any damage, loss or harm suffered by you as a result
of such cancellation.
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7. Delivery of goods to you
7.1. We will deliver the goods ordered by you to the address you
give us for delivery at the time you make your order.
7.2. Delivery will be made as soon as possible after your order is
accepted and in any event within 30 business days of acceptance of your
order.
7.3. Delivery dates are subject to factors beyond our direct control and
therefore any delivery date notified to you will always be an estimate.
7.4. Unless you are an account holder with us, goods will only be
despatched only upon your payment being received by us, and in the case
of payment by cheque or bank transfer, cleared. Cheque or bank payments
may therefore delay shipment.
7.5. You will become the owner of the goods you have ordered when they
have been delivered to you subject to clause 16 which will apply if you
have an account with us or are a debtor.
7.6. Once goods have been delivered to you they will be held at your own
risk and we will not be liable for their damage, loss or destruction.
7.7. Acceptance of delivery of the goods shall be deemed conclusive
evidence of your acceptance of these terms and conditions (if not
already accepted or deemed accepted).
7.8. For the purposes of calculating estimated delivery dates, orders
received after 3.30pm will be deemed to be received at 8.30 a.m the
following day.
7.9. The shipping rates page on the website are illustrative of
estimated delivery timescales and prices of delivery.
7.10. You are solely responsible for ensuring that you are available to
accept delivery at the delivery address during normal business hours. We
will have no liability for any lost or damaged goods if the delivery
service used by us has to leave the goods at the delivery address in
your absence.
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8. Liability
8.1. Nothing in these terms and conditions is intended to limit any
rights you might have as a consumer under applicable local law or other
statutory rights that may not be excluded nor in any way to exclude or
limit our liability to you for any death or personal injury resulting
from our negligence.
8.2. If the goods we deliver are not what you ordered or are damaged or
defective or the delivery is of an incorrect quantity, we shall have no
liability to you unless you notify us in writing at our contact address
of the problem within 10 working days of the delivery of the goods in
question.
8.3. If you do not receive goods ordered by you within 30 days of the
date on which you ordered them, we shall have no liability to you unless
you notify us in writing at our contact address of the problem within 40
days of the date on which you ordered the goods. If you notify a problem
to us under this condition, our only obligation will be, at your option:
8.3.1. to make good any shortage or non-delivery;
8.3.2. to replace or repair any goods that are damaged or defective; or
8.3.3. to refund to you the amount paid by you for the goods in question
in whatever way we choose.
8.4. Save as precluded by law, we
8.4.1. will not be liable to you for any loss of profits, business or
goodwill or for any indirect or consequential loss, damage or expenses
howsoever arising out of or in connection with
8.4.1.1. any order placed by you; or
8.4.1.2. any breach or default by us under these terms and conditions
8.4.2. in any event, shall have no liability to pay any money to you by
way of compensation other than to refund to you the amount paid by you
for the goods in question in accordance with clause 8.2.3 above.
8.5. You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other
permits to purchase goods from our site. The importation or exportation
of certain of our goods to you may be prohibited by certain national
laws or governmental or regulatory authorities. We make no
representation and accept no liability in respect of the export or
import of the goods you purchase.
8.6. We have no liability for, nor do we endorse, any third party
websites which may be linked to our website.
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9. Notices
9.1. Unless otherwise expressly stated in these terms and
conditions, all notices from you to us must be in writing and sent by
first class post or airmail or by hand or recorded delivery to our
contact address at 4a Fernwood House, 45-47 London Road, Cowplain,
Hampshire, PO8 8DH or by e-mail to
customerservices@mark5.com or by
faxing +44 (0) 23 9261 8619 and all notices from us to you will be
displayed on our website unless this is not suitable where a different
method will be used from to time.
9.2. In the absence of evidence of earlier receipt any notice shall be
deemed to be duly served:
9.2.1. if delivered personally when left at the above address;
9.2.2. if sent by post within the United Kingdom, on first business day
after the date of posting;
9.2.3. if sent by airmail outside of the United Kingdom, seven business
days after the date of posting;
9.2.4. if sent by e-mail, when received, on the next business day after
transmission;
9.2.5. if sent by fax, the next working day after transmission but only
if the transmission report is generated by the sender’s fax machine
recording a message from the recipient’s fax machine, confirming that
the fax was sent to the number indicated above and confirming that all
pages were successfully transmitted.
9.3. In proving the giving of a notice it shall be sufficient to prove
that the notice was left, or that the envelope containing the notice was
properly addressed and posted, or that the applicable means of
telecommunication was addressed and despatched and despatch of the
transmission was confirmed and/or acknowledged as the case may be.
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10. Events beyond our control
We shall have no liability to you for any failure to deliver goods you
have ordered or any delay in doing so or for any damage or defect to
goods delivered that is caused by any event or circumstance beyond our
reasonable control including, without limitation, strikes, lock-outs and
other industrial disputes, breakdown of systems or network access,
flood, fire, explosion or accident.
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11. Invalidity
If any part of these terms and conditions is unenforceable (including
any provision in which we exclude our liability to you) the
enforceability of any other part of these conditions will not be
affected.
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12. Privacy
You acknowledge and agree to be bound by the terms of our privacy
policy.
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13. Third party rights
Except for our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right under the UK
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
agreement but this does not affect any right or remedy of a third party
that exists or is available apart from that Act.
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14. Complaints
If you have any complaints regarding the website or any goods which you
have purchased, please e-mail us in the first instance at
customerservices@mark5.com or by
fax to +44 (0) 23 9261 8619 or in writing to Mark 5 Ltd, 4a Fernwood
House, 45-47 London Road, Cowplain, Hampshire, PO8 8DH, England where
your complaint will be dealt with fairly and efficiently.
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15. Entire agreement
These terms and conditions, together with our current website prices,
delivery details, contact details and privacy policy, set out the whole
of our agreement relating to the supply of the goods to you by us.
Nothing said by any sales person on our behalf should be understood as a
variation of these terms and conditions or as an authorised
representation about the nature or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation, we shall have no
liability for any such representation being untrue or misleading.
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16. Title
We retain ownership in the goods delivered as against you and any
sub-buyer, either until the full purchase price of the goods has been
paid or until all debts owed by you to us have been paid at which point
title will pass.
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17. English language version to prevail
These terms and conditions are made only in the English language. If
there is any conflict in meaning between the English language version of
these terms and conditions and any version or translation of these terms
and conditions in any other language, the English language version shall
prevail.
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18. Law and jurisdiction
18.1. These terms and conditions shall be governed by and construed
in all respects in accordance with English law.
18.2. In relation to any legal action or proceedings to enforce these
terms and conditions or arising out of or in connection with this
agreement (‘Proceedings’) each of the parties irrevocably submits to the
jurisdiction of the English courts and waives any objection to
proceedings in such courts on the grounds of venue or on the grounds
that the proceedings have been brought in an inconvenient forum.
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