Terms & Conditions
BACKGROUND:
These Terms and Conditions govern the use of www.marketroyale.co.uk (the "Web Site") and the provision of the goods advertised for sale on this Web Site (the "Goods"). and applies as between the user (""you") of this Web Site and Steven Handley trading as Market Royale of 60 High Street, Chobham, Surrey, United Kingdom GU24 8AA, (""we or us") the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our accepting payment for the Goods and when we send you a confirmatory email of the order to you. We will then send a dispatch email to you indicating that your order has been fulfilled and is on its way to you (the 'Dispatch Email'). The contract between us will be formed when the Dispatch Email is sent to you. We reserve the right not to accept orders.
Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. By placing an order through the Web Site you warrant that you are at least 18 years old.
These Terms and Conditions do not apply to customers buying Goods in the course of business.
3.
International Customers
3.1
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.
3.2
Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach of any such laws.
4.1
Subject to the exceptions in clause 5 of these Terms and Conditions, all text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site ("Content") included on the Web Site, unless uploaded by you, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software (the "Intellectual Property") is our property and the property of our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2
Subject to clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by us.
5.
Third Party Intellectual Property
5.1
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, copyright, patents and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2
Subject to clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in section 240 of the Copyright Designs and Patents Act 1988 apply.
7.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates and are for your information only. We assume no responsibility for the content of such web sites and except as set out at clause 21 we disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them. We cannot give any undertaking, that Goods you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
8.
Links to this Web Site
8.1
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site
www.marketroyale.co.uk without prior permission only if provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2
You must not establish a link from any website that is not owned by you.
8.3
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
9.
Written 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.
10.
Acceptable use of Communications Facilities
10.1
When using the enquiry form or any other communication system on the Web Site you should do so in accordance with the following rules:
10.1.1
You must not use obscene or vulgar language;
10.1.2
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3
You must not submit Content that is intended to promote or incite violence;
10.1.4
It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5
The means by which you identify yourself must not violate these terms of use or any applicable laws;
10.1.6
You must not impersonate other people, particularly our employees and representatives of us or any of our affiliates; and
10.1.7
You must not use our communication system for unauthorised mass-communication such as "spam" or "junk mail".
10.2
You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
11.1
In order to purchase Goods on this Web Site and to use the Forums/Chat facilities you are required to create an Account which will contain certain personal details (“Account) which may vary based upon your use of the Web Site as we may not require Payment Information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
11.1.1
all information you submit is accurate and truthful;
11.1.2
you have permission to submit personal details where permission may be required; and
11.1.3
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2
It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3
If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, we accept no liability or responsibility and you should make contact with the carrier detailed in the Dispatch Email.
11.4
When choosing your username you are required to adhere to the terms set out above in clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12.
Termination and Cancellation
12.1
Either we or you may terminate your Account. If we terminate your Account, you will be notified by email of the termination and if requested an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate your Account without giving reasons.
12.2
If we terminate your Account, any current or pending purchases on your Account will be cancelled if not already dispatched and you will be refunded any monies paid in relation to those purchases.
12.3
We reserve the right to cancel purchases without stating reasons, for any reason prior to dispatch.
12.4
If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5
If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13.
Goods, Pricing and Availability
13.1
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to clause 16.1 for incorrect Goods.
13.2
Where appropriate, you may be required to select the required size, colour, number and other features of the Goods that you are purchasing.
13.3
We do not represent or warrant that such Goods will be available as stock indications are not provided on the Web Site.
13.4
The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
13.5
These prices include VAT but exclude delivery costs, which will be added to the total amount due.
13.6
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Email.
13.7
Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Good's correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If a Good'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 Goods, or reject your order and notify you of such rejection. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
13.8
Payment for all Products must be by credit or debit card. We accept payment using 'Google Checkout' and 'PayPal'. We will not charge your credit or debit card until we despatch your order.
13.9
We shall assign an order number to your order and inform you of it in the confirmatory email. Please quote the order number in all subsequent correspondence with us.
13.10
You may within 5 calendar days of placing an order amend or cancel an order by providing us with written notice, with the exception where the order has been dispatched. If you amend or cancel an order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms and Conditions you shall have no liability to us for it.
We will notify you in the Dispatch Email when your goods are to be dispatched to you. The message will contain details of estimated delivery times or if no delivery date is specified, then within 7 days (mainland UK deliveries only) of the date of the Dispatch Email unless there are exceptional circumstances. Deliveries not to mainland UK addresses could take longer.
15.1
The Goods will be at your risk from the time of delivery.
15.2
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
16.1
If you receive Goods which do not match those that you ordered they will be accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options. If you do not wish to accept the Goods, you should contact us within 7 days. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods in the same condition in which they were dispatched by us.
16.2
If any Goods you have purchased have faults when they are delivered to you, you should contact us within 7 days.
16.3
If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the Goods have been damaged. In any event, you should report such damage to us within 7 days.
16.4
Unless otherwise stated Goods returned must be in their original condition with all packaging and documentation. Upon receipt of any returned Goods, the price of the Goods, as paid by you and any reasonable shipping costs you incur, will be refunded to you through the payment method used by you when purchasing the Goods.
16.5
If any Goods develop faults within their manufacturer's warranty period, you may be entitled to a repair or replacement under the terms of that warranty.
16.6
You may cancel a contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy.
16.7
To cancel a contract, you must inform us in writing. You must also return the Goods to us immediately, unworn, undamaged and preferably in the original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods 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.
16.8
Details of this statutory right, and an explanation of how to exercise it, are provided on the website. This provision does not affect your statutory rights.
16.9
If you wish to return Goods to us for any of the above reasons, please contact us at ‘feedback@marketroyale.co.uk’ to make the appropriate arrangements.
16.10
We reserve the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
16.10.1
Any use or enjoyment that you may have already had out of the Goods;
16.10.2
Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
16.10.3
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to you at the time of purchase.
Such discretion to be exercised only within the confines of the law.
16.11
If any Goods are returned, other than in accordance with clause 16.6, we will examine the Goods with regard to clause 16.10 and inspect their condition generally and will notify you of your refund via email. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund.
16.12
In addition to any warranties in these Terms and Conditions you also have legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizen's Advice Bureau or trading standards office.
Use of the Web Site is also governed by our Privacy Policy
www.marketroyale.co.uk/Privacy-Policy.php which is incorporated into these terms and conditions by this reference. We process information about you in accordance with this policy. By using our site you consent to such processing and you warrant that all data provided by you is accurate. To view the Privacy Policy, please click on the link above.
15.1
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
15.2
We aim to update our site regularly, and may change the Content at any time. If the need arises, we may suspend access to some or all of our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you access the Web Site following the changes. If we are required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders prior to you having received a Dispatch Email in addition to any orders placed by you in the future.
The Web Site is provided "as is" and on an "as available" basis. We give no warranty that the Web Site will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21.
Limitation of Liability
21.1
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. With regard to the Web Site, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
21.1.1
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
21.1.2
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
21.1.2.1
loss of income or revenue;
21.1.2.2
loss of business;
21.1.2.3
loss of profits or contracts;
21.1.2.4
loss of anticipated savings;
21.1.2.5
loss of of data;
21.1.2.6
loss of of goodwill;
21.1.2.7
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
21.2
In relation to the supply of Goods our liability for losses you suffer as a result of us breaking these Terms and Conditions including deliberate breaches is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the Terms and Conditions. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
21.3
Nothing in these Terms and Conditions excludes or restricts any liability for death or personal injury resulting from any negligence or liability for fraud or fraudulent misrepresentation on our part.
21.4
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable by any competent authority, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. A waiver by us of any default shall not constitute a waiver of any subsequent default. 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 27.
23.
Transfer of Rights and Obligations
23.1
The contract between you and us is binding on you and us and on our respective successors and assigns.
23.2
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.
23.3
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.
24.
Events outside our Control
Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 7 days' written notice to other party.
25.1
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
25.2
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
25.3
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
26.
Previous Terms and Conditions
Subject to clause 19 in the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us by email to
[email protected]. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.
[email protected]
0845 680 5640
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