Terms and Conditions
1.1 The Marshalls www.marshalls-shop.co.uk site is provided to you free of charge for your
personal use subject to these Terms and Conditions. By using the Marshalls www.marshalls-shop.co.uk
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
2.1 We process information about you in accordance with our privacy policy.
Click to review our privacy policy.
2.2 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 mainland UK and that you are accessing our site from the UK.
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.
We will not substitute alternative goods if the goods you originally order are not
available.
3.2 If you order goods from a third party seller linked to our site, or a third party
orders goods on your behalf through our site, please note that any contract is
between you and that third party and we shall have no liability for any matters
arising from such contract. This disclaimer does not affect your statutory rights
against that third party.
3.3 Please note that we can only supply to mainland United Kingdom.
4. Price, Quantity and Delivery
4.1 The price payable for goods that you order are as set out in our website. These
prices are inclusive of applicable VAT but exclude delivery costs.
4.2 You will be required to pay extra for delivery and it might not be possible for
us to deliver to some locations. Our terms of delivery are fully detailed in
our delivery policy .
Delivery charges and restricted delivery areas are detailed on the website you
should read these before confirming your order. We aim to fulfil orders within
30 days of the date of the despatch confirmation unless there are exceptional
circumstances.
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 calculations prior to confirming your order.
4.4 You are advised to print a copy of your order to check that the details
are correct and complete before sending it to us, and to retain a copy for your
records.
5. Right for you to cancel your contract
5.1 If you are contracting as a consumer, 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 (below). You do not need to give us
any reason for cancelling your contract nor will you have to pay any
penalty (but see return charges referred to in section 5.3.) please see
below.
5.2 If you have received the goods before you cancel your contract you
must return them in the condition in which you received them and at your
own cost and risk. You have an obligation to take reasonable care of the
goods while in your possession, and if you fail to comply we may seek
compensation.
5.3 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:
• we have insufficient stock to deliver the goods you have ordered;
• we do not deliver to your area; or
• 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 We warrant that goods bought from us through our site will be satisfactory
and reasonably fit for the purpose for which goods of the kind are commonly
supplied. 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 either
via email or in writing at our contact address of the problem within 48 hours
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 either via email or 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.
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
indirect or consequential loss, damage or expenses (including loss of
profits, business or goodwill) howsoever caused arising in connection with
your use of the Marshalls www.marshalls-shop.co.uk
website or the use, accessing, downloading or relying on any information
or other materials contained in this 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 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 or for any matter which it would be illegal for Marshalls
plc to exclude or to attempt to exclude its liability.
7.7 Where you buy goods from a third party through our site, the seller’s
liability will be set out in that third party seller’s terms and conditions.
8. Information about us, and Notices
8.1 The Marshalls www.marshalls-shop.co.uk
site 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 2YA. VAT Number 183 8502 48
Some of the information we send you is required to be in writing and for this
purpose “writing” will include electronic forms of communication (email or
website postings). You agree that this means of communication is acceptable to
you. 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, Hall Ings, Southowram, Halifax, HX3 9TW, or emailed to
shop@marshalls.co.uk.
9. Accessing and using the site
9.1 You must not use the Marshalls www.marshalls-shop.co.uk
website in any way that causes, or is likely to cause, the website or
access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Marshalls plc (www.marshalls-shop.co.uk
), are responsible for all electronic communications and content sent from your computer
to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other
unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent,
defamatory, obscene or menacing; or in breach of copyright, trademark, confidence,
privacy or any other right; or is otherwise injurious to third parties; or
objectionable; or which consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
• to cause annoyance, inconvenience or needless anxiety
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 www.marshalls-shop.co.uk
site 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 www.marshalls-shop.co.uk
site 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 www.marshalls-shop.co.uk
site by you.
9.3 Although Marshalls www.marshalls-shop.co.uk
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 shop@marshalls.co.uk and we
will attempt to correct the fault as soon as we reasonably can. Access to
the Marshalls www.marshalls-shop.co.uk
site may be occasionally restricted to allow for repairs, maintenance or
the introduction of new facilities or services. Marshalls
www.marshalls-shop.co.uk 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 www.marshalls-shop.co.uk
site 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 www.marshalls-shop.co.uk
site 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 www.marshalls-shop.co.uk
tries to ensure that material included on the Marshalls
www.marshalls-shop.co.uk site 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.
9.6 In particular, we will have no liability to users of the site in connection
with the following:
• incompatibility of the Marshalls www.marshalls-shop.co.uk
Site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the
Marshalls www.marshalls-shop.co.uk
site, viruses or other technologically harmful material that may affect
your equipment;
• unsuitability, unreliability or inaccuracy of the Marshalls
www.marshalls-shop.co.uk site
• inadequacy of the Marshalls
www.marshalls-shop.co.uk site 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
www.marshalls-shop.co.uk site 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 www.marshalls-shop.co.uk
Site 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 www.marshalls-shop.co.uk site
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 www.marshalls-shop.co.uk site
without obtaining a written licence from Marshalls www.marshalls-shop.co.uk
10.2 No licence is granted to you to use any trade mark of Marshalls or
its affiliated companies [without limitation].
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 or via email,
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.
11.4 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 and in relation to the use of the website. 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.
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
12.1 This website is controlled and operated by Marshalls plc from its offices in
England. The formation, existence, construction, performance, validity in all
aspects whatsoever of these terms and conditions or of any term of these terms
and conditions or any dispute in relation to the materials contained in this
website shall be governed by English law as applied in England and Wales. The
English courts shall have exclusive jurisdiction to settle any disputes which
may arise out of or in connection with these terms and conditions or use of the
website.