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TERMS AND CONDITIONS
Welcome to the Marked For Life Limited Website (referred to in these terms and conditions as “this site”). This site has been created for the use of customers of Marked For Life Limited and its associated affiliates.
We recommend that you print and keep a copy of this page for future reference.
1. These terms and conditions
1.1 These terms and conditions apply to all transactions entered into through this site. Please read them carefully. Your use of this site indicates your agreement to be bound by these terms and conditions. They do not affect your statutory rights.
1.2 We may change these terms and conditions at any time. Any changes will take effect on the date they are posted on this site.
1.3 The terms and conditions on this site (including those relating to prices, delivery charges, delivery times and returns policies) are not the same as those which apply to purchases made from other websites maintained by Marked For Life Limited or to Marked For Life Limited’s mail order or catalogue sales.
2. Our Contract
2.1 You will have an opportunity to check and correct any input errors in your order up until you submit your order. The order is submitted by clicking the “Purchase Now” button on the order review page).
2.2 This site constitutes our invitation to you to do business with us. Any order submitted by you is your offer to enter into a contract with us. Shortly after receipt of your order we will send you an e-mail confirming the products you have ordered and that we have accepted your order subject to these terms and conditions, payment and availability of the items ordered. A legally binding contract between us will only come into effect when our acceptance is dispatched.
2.3 Alternatively, we may decline all or part of your order for any reason, in which case we will contact you to tell you so.
2.4 We must receive payment for the whole price for the goods that you order before your order can be accepted.
2.5 When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency checks. In particular, we may pass your details to a credit reference agency for them to check against certain public and private databases. The credit reference agency may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.
2.6 If your payment details cannot be authorised for any reason we will tell you.
3. Prices and Payment
3.1 All prices and charges on this site are shown in UK pounds sterling. They include any VAT payable, but exclude delivery charges.
3.2 The total cost of your order will be the price of the products that you order, the cost of any additional services you choose, plus the applicable delivery charge. All these will be set out clearly in your Shopping Trolley before you submit your order.
3.3 Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable although we may offer you an alternative product, we reserve the right to supply you with what is in our opinion a suitable alternative product.
3.4 We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error may occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order.
3.5 If a product or service is listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers then we reserve the right to cancel the contract. In these circumstances you will not be entitled to seek compensation for disappointment suffered or for any losses which you might otherwise have incurred.
3.6 We accept payment by Mastercard, Visa, Solo, Switch, and American Express. Payment is deducted when we ship your order.
4. Age Requirements
If you order a product with a minimum age requirement, by ordering you confirm that you are of the required age.
5. Where We Deliver
Delivery may be to the address at which your payment card is registered or an alternative address may be given, which must be in the United Kingdom. All deliveries must be signed for. Please make sure you keep the packing list enclosed with your goods.
6. Delivery Charges
Delivery charges and estimated timescales may be accessed from the Info / FAQ section on our group website or on the product listings
7. Delivery Times
7.1 We deliver on Monday through to Friday. If you order after 3.00 p.m., please calculate your delivery time as if your order had been placed the following working day. In the case of bank holidays, please allow an extra two working days.
7.2 We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Estimated delivery dates are not part of the contract between you and us, and we shall be under no liability for any delay or failure to deliver the products within estimated timescales.
7.3 Risk of loss of and damage to products passes to you on the date of first attempted delivery by us of the products. We cannot accept any liability for loss or damage to products that remain in our custody and care because you were unable to receive them.
8. How We Deliver
8.1 Most products are delivered by Royal Mail, heavy or large items are shipped by courier.
8.2 Occasionally different products contained in the same order may be delivered separately.
9. Missing, Damaged or Incorrect Orders
In the unlikely event that a product arrives damaged or faulty, please follow the instructions on the Faq / Info section on our group website.
10. Cancellation
10.1 You can cancel your order at any time either before or up to 30 days after delivery by:
following the “Returns” instructions on the Faq / Info section on our group website;
e-mailing us at support@mfll.net
phoning us on 08707 450028 – please have your order reference number and delivery details to hand.
10.2 In order to cancel, your product must be complete, unused and in ‘as new’ condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product in any way). It should be returned with the original box, packing and accessories. The original seal of any pre-recorded videotapes, DVD’s, CD’s, minidisc or other media must not have been broken or tampered with. Any ‘free gifts’ received with the product must also be returned.
10.3 You will receive a refund and the cancellation is free of charge provided you use an authorised method of cancellation and return. If you choose another method of return, you must bear the costs.
10.4 You will not be able to cancel your order if:
there is a contract for services with the product and you have started using these services;
the original seal has been broken or tampered with on any DVD’s, CD’s, minidisc or other media; or
the goods were a special order to your specification.
11. Return of Faulty Goods
11.1 The following are guidelines. Wherever possible we will respond to your individual circumstances.
11.2 If there is a fault with your product within 12 months of delivery (or other defect with your order), we will normally offer at our discretion a prompt repair, exchange or refund. We will always offer you an exchange or refund if the fault occurs within 30 days of delivery.
11.3 To qualify for a refund or exchange the product must be:
in otherwise “as new” condition; and
complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging).
11.4 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. For consumable items (e.g. non-rechargeable batteries, camera films, ink cartridges etc.) the guarantee period is three months from delivery.
12. Liability and Indemnity
12.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability which may not be limited or excluded under any applicable law.
12.2 Subject to Section 12.1 above, we will use reasonable endeavours to verify the accuracy of any information on this site but we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents of this site. Nor do we make any representation or warranty that this site will be available at any time. We make no representation or warranty that any defects within this site will be corrected, or that this site or the server that makes it available are or will be free of viruses or any error or fault in the programming that will cause it or your computer to malfunction. We make no representation as to the full functionality, accuracy, and reliability of this site. We will not be responsible or liable to you for any loss or content or material uploaded or transmitted through this site and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this site.
12.3 Subject to Section 12.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out above in section 11 any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under any applicable law.
12.4 Subject to Section 12.1 above, we will not be liable in contract or tort (including, without limitation, negligence) and/or we will not be liable in respect of pre-contract statements or other representations (other than fraudulent on negligent misrepresentations) or in any other manner for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect losses suffered or incurred by you arising or alleged to arise as a result of or in connection with your use of this site or your prospective or actual purchase of any goods and services from us.
12.5 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
12.6 This clause does affect your contract cancellation rights.
12.7 Notwithstanding the above, and subject to Section 12.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
13. This Site
13.1 We, and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this site, which you shall not use, download, copy, publish, transmit nor otherwise make available by any other unless expressly authorised. Any other use or reproduction of the material or content is strictly prohibited
13.2 You may not create any link to this site without our prior consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
13.3 You are permitted to print the pages of this site for your use as a reminder of the terms and conditions, and your order.
14. General
14.1 These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions. Sales can only be concluded in English.
14.2 Your data protection rights are set out in our Privacy Policy.
14.3 We accept no responsibility or liability for the content or operation of websites which are not under our control.
14.4 You may not assign or subcontract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our prior written consent.
14.5 We reserve the right to transfer, assign, novate or subcontract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party without your notice or consent.
14.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
14.7 These terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this site and the purchase of goods from us.
