1. Use of Marshalls Shop website
1.1 The Marshalls Shop website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Marshalls Shop website you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Privacy and Status
We will record your personal details for the purpose of processing your order and for a reasonable period after your order is completed as required for audit and record-keeping purposes. By using this site, you consent to such processing, and confirm that the information you provide is complete and accurate. By placing an order, you also represent and warrant to us that you are legally capable of entering into a binding contract, that you are at least 18 years old, that you are resident in the UK or the Republic of Ireland and that you are accessing our site from the UK or the Republic of Ireland.
3. Ordering goods
3.1 We must receive payment of the whole of the price for the goods that you order before your order can be processed. Once payment has been received by us we will confirm that we are sure that the goods ordered are available in stock by sending an email to you at the email address you provided. We will then despatch the goods to the address provided in your order. In the unlikely event that the goods ordered are not available, we shall email you at the email address you provided and arrange for your payment to be re-credited to your account within 7 days. Until and unless you have received confirmation that we are able to accept your order, that the goods are available, and that they have been despatched, there is no contract between us, and we will not be liable to you if we are unable to accept or fulfil your order.
4. Price, Quantity and Delivery
4.1 The price payable for goods that you order are as set out in our website.
4.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our terms of delivery, delivery charges and restricted delivery areas are fully detailed in our delivery policy, which you should read before confirming your order.
4.3 We cannot be held responsible for under or over ordering. The areas of our full packs have been rounded up and product dimensions shown on this website allow for jointing. Whilst every attempt has been made to provide you with the ability to accurately calculate your product requirements, we recommend you check all area and/or quantity calculations prior to confirming your order.
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 by emailing or writing to us at the address given in our returns policy –see below. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
5.2 Please read our returns policy.
5.3 If you have received the goods before you cancel your contract then you must arrange for collection by Marshalls Shop.
5.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card 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 collected by us in the condition they were in when delivered to you. We shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6. Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
• 6.1.1 we have insufficient stock to deliver the goods you have ordered;
• 6.1.2 we do not deliver to your area; or
• 6.1.3 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.
6.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Our liability to you
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you must notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you must notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
7.3 Provided that you notify us in accordance with this condition, we will, at your option, either:
• make good any shortage or non-delivery;
• replace or repair any goods that are damaged or defective; or
• refund to you the amount paid by you for the goods in question in whatever way we choose.
7.4 Our liability to you is limited to the remedies set out in 7.3 above, and we will have no other liability or obligation to you. All conditions, warranties or terms that may be implied by law or practice are excluded to the fullest extent permitted by law.
In particular but without limitation, we will not be liable to you for direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) arising in connection with your use of the Marshalls Shop website or any transaction that you effect through it.
7.5 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, or arising because of your own action or failure.
7.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit your rights as a consumer under applicable UK law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence, or for fraud or fraudulent misrepresentation.
8. Information about us, and Notices
The Marshalls Shop website is owned and operated by Marshalls Mono Limited, a company registered in England and Wales (Registered No. 509579) and having its registered office at Birkby Grange, Birkby Hall Road, Huddersfield, HD2 2XB VAT Number 183 8502 48
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Marshalls Mono Limited, Landscape House, Premier Way, Lowfields Business Park, Elland, West Yorkshire HX5 9HT addressed to Gareth Robinson, head of E-Commerce.
9. Accessing and using the site
9.1 You may not use the Marshalls Shop website for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the www.marshalls-shop.co.uk site
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the www.marshalls-shop.co.uk site
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
9.2 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the Marshalls Shop website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Marshalls Shop website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Marshalls Shop website by you.
9.3 Although Marshalls Shop website aims to offer you the best service possible, we cannot guarantee that the service will be fault free or fully meet your requirements. If a fault occurs in the service you should report it by email to us at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can. Access to the Marshalls Shop website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Marshalls Shop website will attempt to restore the service as soon as it reasonably can but will have no liability if the site is unavailable or not fully functional for any period.
9.4 Your access to the Marshalls Shop website is at your own risk and we cannot provide any warranties or guarantees associated with your use of the Internet. You are responsible for keeping confidential any password or identification code given to you as part of our security processes and for all information supplied by you.
9.5 Where the Marshalls Shop website provides content from other Internet sites or resources, these links are provided for information only and we have no control over the content of, or use of, those sites. Although Marshalls Shop website tries to ensure that material included on the Marshalls Shop website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case, nor for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience.
9.5 In particular, we will have no liability to users of the site in connection with the following:
• incompatibility of the Marshalls shop website with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Marshalls Shop website, viruses or other technologically harmful material that may affect your equipment;
• unsuitability, unreliability or inaccuracy of the Marshalls Shop website
• inadequacy of the Marshalls shop website to meet your requirements
To the fullest extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Marshalls Shop website and/or your use of the site.
10. Intellectual Property
10.1 We own or are the licensee of all intellectual property rights in the Marshalls Shop website and the material published on it. These rights are protected by copyright, trade marks, database and other intellectual property rights worldwide. You may retrieve and display the content of the Marshalls Shop website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Marshalls Shop site without obtaining a written licence from Marshalls Mono Limited.
10.2 No licence is granted to you to use any trade mark of Marshalls or its affiliated companies including, without limitation, the trade mark and/or trading name “Marshalls Shop”.
11. General terms
11.1 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.
11.2 Except for our affiliates, directors, employees or representatives, a person who is not a party to the contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11.3 No waiver of any term or condition will be effective unless communicated to you in writing, and no failure on our part to enforce any rights shall preclude us from taking action or exercising our rights and remedies nor shall it release you from your obligations.
We reserve the right to change these terms and conditions and/or any policy referred to from time to time, and your dealings with us will be governed by those terms, conditions and policies stated to be applicable at the time of confirmation of your order.
12. Governing law
Contracts for purchases through the Marshalls Shop website shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13. Important handling information about our granite furniture range
13.1 Handling of granite furniture
The components of the granite furniture are heavy and in some instances awkward to handle because of their shape and texture.
Due to the weight of the items careful consideration should be given to how you move the items. A single person is not recommended to lift more than 25kg of weight, so allow for at least 1 person per 25kg if manually handling items. Wherever possible, we suggest you use a mechanical device such as a trolley, a digger or a 4 wheeled truck or wheel barrow to move items around.
Consider the following when moving and installing items.
• Is the site properly prepared and level?
• Is the route clear from where the object is now to where it’s going? (gates open, steps clear of trip items etc)
• Are you wearing appropriate clothing for the task? Suitable protective clothing may include steel toe capped footwear or sturdy boots, gloves, eye protection etc
• It is recommended that when lifting, you should bend and use your legs to lift items rather than your back. Get additional help if the items are too heavy or cumbersome to handle on your own.
When manually lifting items with more than one helper, it is usually a good idea for one person to assume control of the lift (for example, by calling out when lift should commence i.e. “lift on 3, 1-2-3-lift” to ensure that everybody has an equal share of the weight).
Once the parts are at the site where the furniture is to be installed, the furniture should be easy to assemble. Included with the product is a bonding adhesive designed to be used when fixing parts together.
• Make sure that surfaces to be bonded are perfectly dry and clean.
• From the tin take out enough adhesive for the area that you wish to cover. Each surface should have a coating applied.
• Mix the adhesive well before applying to the surface.
• Hardening should occur in approximately 20 minutes (more in colder weather, less in hot)
• Dispose of any unused mixed solution.
The adhesive is an irritant to the eyes and skin and should be used in a well ventilated area, away from sources of ignition and whilst wearing suitable clothing and other personal protective equipment such as gloves and eye protection. The adhesive should at all times be kept away from children.
13.3 Site preparation
It is your responsibility to provide a flat and level base with an area, depth, strength and durability adequate to support the Goods safety and securely. You are responsible for preparing the site and ensuring that the Goods can be safely installed and will not present a hazard or obstruction. You should check that there are no tree roots, underground pipework or cabling that may affect the suitability or stability of the base or of your chosen site. A site under trees, or in an area where the Goods will be exposed to unusual conditions, temperatures or humidity, may affect their performance and appearance.
13.4 Appearance of the goods
Granite has variations of colour and texture, and each piece, being a separate piece of stone, will have its own unique geological features. Any veining, oxidisation and/or colour variation are natural features that do not affect the quality or performance of the Goods. In addition, each finished piece may differ considerably from samples or photographs in colour and appearance, and we make no representation that pieces designed for assembly will match each other. We believe that these naturally occurring differential features, meaning each element is individual in appearance, are part of the attraction of buying a stone product. However, if you are unhappy on aesthetic grounds with any Goods on inspection following delivery, you may return undamaged Goods to us before assembly.
Marshalls will not be liable to you for any loss or damage resulting from:-
(i) Instability, movement or subsidence of the base location;
(ii) Impact with the Goods or the Goods moving or being moved;
(iii) Variations in colour, shade, finish or other surface appearance and any changes to the appearance of the Goods (including without limitation moss, algae and or mould growth, and/or the effect of any chemical) after delivery;
(iv) Damage to lawns, paving, tiles, pathways or other interior or exterior surfaces on which or adjacent to which the Goods are installed;
(v) Water or frost damage, unusual weather conditions or extreme temperatures.
In addition, Marshalls will have no liability for any loss or damage caused by your own negligence or by circumstances outside our reasonable control, or which was not a reasonably foreseeable consequence of any breach or failure by us, and we will have no liability for business losses.
Call 0845 307 3131 or 01422 312947 if you are calling from a mobile phone.
Lines open Mon to Fri, 9am to 4pm.