Marilyn Moore Studio - Terms & Conditions
In these conditions, unless the context requires otherwise:
"Customer" means the company, firm, body or person purchasing the Goods.
"Goods" means the subject matter of the contract including without limitation clothing, fashion accessories and jewellery.
"Order" means an order for Goods placed by the Customer.
"Ordering Service" means the facility provided by the Supplier to enable the Customer to order Goods.
"Published Price List" means the price list for the Goods as published from time to time by the Supplier.
"Sale" means the sale of Goods pursuant to an Order.
"Services" means work and/or services or any of them to be performed by the Supplier for the Customer pursuant to the Order.
"Supplier" means Marilyn Moore Studio Limited (company number 3902200 Registered in England) whose registered office is at Unit 3, Centrum Park, Tewkesbury Road, Cheltenham, GL51 9FD and any subsidiary of the Supplier by which the Goods are sold.
1. The Supplier shall establish a mail order service whereby the Supplier shall supply Goods to the Customer(s) pursuant to the Ordering Service.
2. The Terms and Conditions shall come into effect upon acceptance by the Supplier of the Order. All terms and conditions stipulated by the Customer shall have no effect and any variation of the Terms and Conditions must be confirmed in writing by the Supplier.
3. The Supplier's prices are not binding on the Supplier and the contract which incorporates these Terms and Conditions (the "Contract") will only come into being upon acceptance by the Supplier of the Order.
4. Where Goods are to be supplied from stock, such supply is subject to availability of stocks at the date of delivery.
5. These conditions apply to Services in the same way as they apply to Goods.
1. Where the Goods are sold by reference to the Published Price List, the price payable for the Goods shall be the ruling price as published in the price list current at the date of sale to the Customer.
2. Prices advertised for Goods are inclusive of VAT.
3. Costs relating to postage and packaging may be added on any order.
3. TERMS OF PAYMENT
1. Prices quoted are fully inclusive and are in sterling.
2. Payments may be made by cheque, certain credit cards and debit cards (as advised at the time of payment).
3. The Supplier reserves the right to require cleared funds for the full amount of the Goods before despatching them to the Customer.
4. All payments shall be made without deduction or set-off.
1. The Customer has 14 days from receipt of the Goods to return the Goods if the Customer is not satisfied with the Goods for any reason.
2. The Goods should be returned in the original packaging in a perfect unused condition. The Customer must obtain a certificate of posting when returning the Goods. The Customer shall comply with any other reasonable instructions that the Supplier shall give with regard to the return of the Goods.
3. The Customer shall also be entitled to cancel the Order for Goods prior to the Goods being despatched.
4. Should the Customer return the Goods in accordance with clause 4.1 or cancel the Order in accordance with clause 4.3 the Supplier shall refund the monies paid for the Goods (but for the avoidance of doubt in relation to the Goods returned under clause 4.1, not the fee for postage and packing) within a reasonable time of the cancellation or the receipt of returned goods.
5. TITLE TO GOODS
Until the Customer has paid for the Goods they shall not be despatched and they shall not belong to the Customer. If for whatever reason the Goods are not paid for the Supplier may request their return. If the Goods are not returned the Supplier may recover the Goods from the Customer either themselves or by way of an agent.
6. CARE INSTRUCTIONS
All packaging or Goods will bear instructions as to how they should be cared for in terms of washing, cleaning and general care. The Customer is required to read and follow any such instructions. If the Customer fails to follow the care instructions the Customer will invalidate any claim under the warranty in these terms and conditions.
1. The Supplier warrants that it will (at the Supplier's choice) either replace or refund the full purchase price of any Goods which are accepted by the Supplier as being defective or not in accordance with the Order or any express description or representation given or made by or on behalf of the Supplier in respect of the Goods within a period of 3 months from the Sale of such Goods by the Supplier to the Customer (the "Warranty Period"). The Customer must return the Goods in the packaging provided by the Supplier or by such other reasonable means that the Supplier provides to the Customer. For the avoidance of doubt the Goods will not be accepted as defective where the Customer has failed to follow any care instructions on the packaging or on the Goods themselves.
2. In respect of Services, if the Supplier accepts within the Warranty Period that it has failed to execute the Services in accordance with the express terms of the Contract, the Supplier may, at its option, perform again such of the Services as have not been carried out in accordance with the express terms of the Contract or repay the Customer the charge for such of the Services as have not been so performed (provided such charge shall have been paid to the Supplier by the Customer).
8. LIMIT OF RESPONSIBILITY
The Customer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Goods or Services or any workmanship in relation to them (whether or not involving negligence on the part of the Supplier) shall, in all cases, be limited to replacement, re-performance or refund of the purchase price as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry of the Warranty Period; and the Supplier shall not in any circumstances be liable for any damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential, and any other remedy which would otherwise be available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law.
1. Dates for delivery of the Goods will be advised to the Customer at the time that the Customer orders the Goods where applicable. The dates for delivery of the Goods or the dates for carrying out the Services are approximate only and, unless otherwise expressly stated, the Customer will not be assured of a particular date for delivery or performance and the date for delivery or performance may be later if necessary. The Supplier will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform or if the delay or failure is due to an act of God, fire, inclement or exceptional weather conditions, industrial action (whether at the Supplier's premises or elsewhere), hostilities, shortage of labour, materials, power or other supplies, late delivery or performance or non-delivery or non-performance by suppliers or subcontractors, governmental order or intervention (whether or not having the force of law) or any other cause whatever beyond the Supplier's control or of an unexpected or exceptional nature.
2. The Customer shall be entitled to cancel the Order in the event of it being delayed for more than twelve weeks from the estimated date for delivery. In the event of the Customer cancelling the Order the Customer shall have no further rights against the Supplier.
10. DAMAGE, SHORTAGE OR LOSS IN TRANSIT
1. The Customer shall be responsible for the Goods once the Goods are delivered to the Customer.
2. Should the Goods be damaged in transit the Customer must advise the Supplier of damage as soon as reasonably possible and return the Goods in accordance with clause 4.2.
3. If the Goods or part of the Goods have not arrived by the estimated date of delivery the Customer shall advise the Supplier that the Goods or part of the Goods have not been delivered as soon as reasonably possible.
4. The Supplier will entertain a claim by the Customer in respect of loss or damage in transit only if the Customer gives written notice to the Supplier within 21 days of non-delivery or within seven days of the delivery of the Goods in any other case.
5. The Customer shall complete a Royal Mail claim form as required by the Supplier in respect of any Goods that are lost in transit.
If the Buyer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if the Customer takes or suffers any similar action in consequence of debt or if the financial responsibility of the Customer shall, in the opinion of the Supplier, become impaired or if the Customer shall commit any breach of any part of the Contract, the Supplier may, without prejudice to its rights and remedies under these conditions, stop all Goods in transit and suspend further deliveries and by notice to the Customer may terminate the Contract immediately.
Where Goods are delivered to the Customer the Supplier shall charge the Customer a fee for postage and packaging. The amount of any such charge shall be advised to the Customer at the date of sale to the Customer.
13. ASSIGNMENT AND SUBCONTRACTING
1. None of the rights or obligations of the Customer under the contract may be assigned or transferred in whole or in part without the prior written consent of the Supplier.
2. The Supplier shall be entitled to subcontract any work relating to the contract without obtaining the consent of, or giving notice to, the Customer.
14. HEALTH AND SAFETY
The Customer shall have due regard to any health and safety instructions on the Goods or the packaging and shall adhere to any such instructions.
1. Any notice or other communication to be given under these conditions may be in writing and may be delivered or sent by prepaid second class letter post or facsimile transmission or electronic mail or by telephone.
2. Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 72 hours after posting; if sent by facsimile transmission, at the time of transmission; if sent by electronic mail, 24 hours after the message was transmitted and if by telephone at the time that that call to a representative of the Supplier has ended.
The invalidity, illegality or unenforceability of any provision of these conditions should not affect the other conditions.
17. THIRD PARTY RIGHTS
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
18. LAW AND JURISDICTION
The Contract (and any proceedings whereby one party might be entitled to join the other as a third party) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.