All contracts for the sale of products are entered into by Marby & Elm and are subject and governed by these conditions.
2. Accuracy Of Website And Product Label Information
We have used every effort to ensure that the information on our website and that contained on our product labels is accurate. Please contact us if you feel there has been some inaccuracy.
3. Product Description
We endeavour to ensure that colours are represented accurately but slight variations may occur.
4. Price And Availability
The prices quoted are subject to alteration by Marby & Elm from time-to-time. All prices include Value Added Tax which shall be charged at the time of raising an invoice at the current appropriate tax rate, where applicable. In exceptional circumstances, packing materials will be charged as an extra but this will be advised to you in advance.
5. Product Availability
We reserve the right to withdraw any product from sale or to correct any error on the website without incurring any liability.
6. Order Confirmation
A contract will be formed by your offer to purchase goods from us and by our acceptance of your offer, and this is ratified by us sending you an e-mail confirming your order to the address provided by you.
7. The Price To Be Paid
The price to be paid by you, our customer, will be the price of the product as advertised on our website at the time of acceptance of your order, except in the case of a manifest error where the provisions regarding the price and availability will apply. Prices are always quoted inclusive of Value Added Tax at the applicable VAT rate, but will exclude the cost of delivery which will be included on your ultimate invoice and which will be clearly laid out for you prior to you pledging your credit. Payment will always be made by a form of automatic payment to us, either by credit card, debit card, switch or any other form of automatic mechanism. The payment will deemed to have been made when we accept your order and your payment has been cleared by your card provider. Refunds will be normally paid by us to you as a credit to the card from which the funds were originally deducted.
Your order will normally be despatched within three/four working days of receiving your order. We will advise you promptly by e-mail if a product is out of stock and try to identify the date upon which stock will next be available, thereby giving you the option to either cancel the order or enable us to put it on a back order as a priority despatch.
9. Delivery Service
If you need your products more quickly we also offer next working day delivery (order before 3pm). Delivery charges and times are subject to change at any point.
10. Cancellation And Returns
Orders may be cancelled up to fourteen days after delivery. It is an express condition that the product must be returned to us unused, unopened and with the original documentation (as sent with each parcel and/or package). You must provide written confirmation of your order number and an explanation for the reason for cancellation. Delivery costs of returning any product will not be met by Marby & Elm, unless the product is faulty, and we will advise you regarding whether or not your return can be credited and an adjustment made to your card from which the funds were originally taken. Should there be any problem with the returns, then we will advise you by the e-mail from which the order was placed regarding the problem and we trust reach an amicable settlement.
We will add your e-mail address to our mailing list and advise you, from time-to-time regarding news and special offers when you place a firm order with us. If you wish to remove that address please send an e-mail to firstname.lastname@example.org.
If any term or provision of these conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provisions shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid or illegal or unenforceable eliminated. The headings in these conditions of sale and trade are for ease of reference only and shall not affect the interpretation of any of the conditions.
13. Entire Agreement
Each of the parties agrees that, except in the case of statements made fraudulently, it shall have no remedy in respect of any untrue statement upon which it relies in entering this agreement and that its only remedies shall be for breach of contract.
14. Governing Law And Jurisdiction
This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
15. Rights To Consumer
Nothing in these conditions shall affect the statutory rights of the consumer.