TERMS & CONDITIONS – UK

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Shipping

All pricing, orders, shipping and surcharges are displayed in GBP.

Shop Online

Refer to website for integrated real time standard and express freight rates.

Trade Pros through Customer Service

For all orders placed through our Customer Service Team, we offer a flat rate  £30.00 handling and standard national freight for all orders.

There is a £20.00 additional surcharge for Express National freight. Maximum Weight – 5kg/11 lbs.

*Please Note: Express is not a guaranteed overnight service and subject to carrier term, and is not available throughout all of Europe.

We offer FREE freight and handling for all orders above £500.00.

Exclusions to free freight and surcharges may apply across equipment & kit purchases.

Wholesalers through Customer Service

Freight is  calculated at 3.5% of the total order value with a minimum charge of £35.00 per order. Express freight and free freight options are not available.

We offer Drop Ship services, which will incur a pick fee of £5.85 per consignment.

If an order contains skus that are less than carton quantity, a broken carton pick surcharge applies to all applicable skus of £3.75 per instance.

Surcharges may apply across equipment & kit purchases.

Delivery

We endeavour to have all orders dispatched the next business day.  Larger wholesale orders or orders placed during a sale or peak sale seasons may have slower dispatch rates than standard.

Please Note:

  • Surcharges may apply for equipment, kits and bulk orders subject to carrier service availability and size of consigned freight.
  • Customers purchasing from Canada are responsible for any import duties and taxes incurred with the shipment.

You should expect to see your order within 1-10 business days depending on your delivery location.  Whilst we usually stock 90% of the items listed on our websites, inevitably we are at the hands of our suppliers.  Consequently, delays can occur if items are out of stock.  Our standard policy is to ship your order without the out of stock item.  The out of stock item will be dispatched automatically when available.  

Change My Shipping Address

Changes can be made to your shipping address providing your order has not been dispatched from our warehouse.  To change your shipping address, please email uk.contact@marqueofbrands.com  as soon as possible.

Track Your Order

We make this process as stress free as possible, here’s how we do it.  You will receive an email with your carrier and tracking number once your order has been dispatched from our warehouse.

Track your freight easily with Aftership at www.aftership.com  and receive updates & detailed real time tracking information.

Signing for Your Order

On delivery you may be required to sign a proof of delivery document.  If you are not available to take delivery, depending on the carrier, your goods may be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

Returns

All returns should be returned in their original condition and packaging. We always recommend you use registered post for your return; we do not take responsibility for items not received if you do not send your return via registered post.  Please contact uk.contact@marqueofbrands.com for return information.

I’ve changed my mind

We understand that things aren’t always as you expect.  If this is the case please contact us at uk.contact@marqueofbrands.com  within 7 days of receiving your order, and we’ll assist you with an exchange, store credit or refund.  Exchanges, store credits or refunds are only processed upon receipt of goods back into our facility, where they will be assessed by our Product Assessments Team to ensure that items have been returned in their original condition (unused & unopened) and in a re-saleable condition.  Change of mind exchanges or refunds incur a 15% Restocking fee (or £15 whichever is greater) (postage not included).

My goods are faulty

Our Quality Control team strive to ensure that all products are of a high quality when they leave the warehouse. In the rare circumstance that your item has a defect, please contact us at uk.contact@marqueofbrands.com  within 7 days of receiving your order.  We will require your item(s) to be returned to us so that it can be inspected by our Product Assessments Team.  If the item(s) is deemed faulty we will replace, issue a store credit or refund the product free of additional freight & re-stocking charges.

I don’t like the products I ordered

We take great pride in our reputation,  if for any reason you are dissatisfied with your purchase, we are more than willing to assist.  Please contact us at uk.contact@marqueofbrands.com within 7 days of receiving your order for further return details.  Product(s) must not be more than 25% used, and will need to be returned to our facility.  Upon receipt into our warehouse, the products will be reviewed by our Product Assessment Team. Upon their assessment you may be issued with an exchange, store credit or refund less a Handling fee of  25% (or £15 whichever is greater) (postage not included).

I’ve received the wrong product

Any incorrect, missing or damaged items received must be reported to Marque of Brands within 24 hours of you receiving the delivery, by email only, to uk.contact@marqueofbrands.com.  If item(s) received is not what was ordered, please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by you of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter. If you received the order incorrectly, the property in the Goods remain the sole and absolute property of the Seller as full legal and equitable owner until such time as the purchaser accepts the goods as mentioned above. You will not be charged for re-delivery of items under this clause.

My products have arrived damaged

Our Quality Control team try to ensure that all products are of a high quality when they leave the warehouse. In the rare circumstance that your item has a defect, please contact us at uk.contact@marqueofbrands.com within 48 hours of receiving your order.  We will require your item(s) to be returned to us so that it can be inspected by our Product Assessments Team.  If the item(s) is deemed to be damaged we will replace, issue a store credit or refund the product free of additional freight & re-stocking charges.

 

UK Specific Only (Marque Of Brands Ltd)

1. DEFINITIONS AND INTERPRETATION

(a) Definitions
“Marque Of Brands” or “Supplier” “we”, “our” or “us” means Marque Of Brands Pty Ltd
“Contract” means the agreement to sell and deliver Goods to the Customer by Marque Of Brands including any quotation, order and these Terms.
“Customer” or “you” means the individual, company or other entity buying or ordering Goods from us.
“Goods” means products or services that we may sell, supply or deliver from time to time.
“Order” means any approved sales/purchase order issued from a Customer to Marque Of Brands by either printed or electronic means.
“Price” means the price payable for the Goods as agreed in accordance with clause 5 of these Terms.
“Special Condition” means any special terms and conditions forming part of a quotation.
“Terms” means these terms and conditions.

(b) Interpretation
(i) The Terms supersede any oral or written agreements that may have been previously reached between Marque Of Brands and the Customer. These Terms apply regardless of any contrary express or implied terms, conditions or warranties in any of the Customer’s documents.
(ii) These Terms shall be deemed to be incorporated into any and all orders and contracts concluded with Marque Of Brands.
(iii) If any provision of the Terms is determined to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
(iv) Together with the terms contained in any quotation and/or Order, any Special Conditions these Terms form a contract between Marque Of Brands and the Customer.

 

2. GENERAL

(a) All Orders for Goods is an offer by you to purchase Goods pursuant to these Terms.
(b) Acceptance and delivery of Goods to you is conclusive evidence of your acceptance of these Terms.

3. OFFERS AND QUOTATIONS

(a) These Terms apply to any quotation given to you.
(b) No quotations, representations or oral arrangements are binding upon Marque Of Brands, unless and until confirmed by us in writing, or through the actual acceptance of an Order by us.
(c) Quotations are subject to change prior to acceptance.
(d) An Order or quotation cannot be altered by you without our written consent.
(e) A quotation is deemed to have been accepted by you on the placing of an Order.

4. ORDERS AND SALE OF GOODS

(a) Unless agreed upon in writing, all Orders by you must be placed at least thirty (30) days before expected delivery.
(b) You agrees that a change in design, packaging or finish of the Goods between acceptance of the Order and delivery of the Goods will not render the Goods of unmerchantable quality or unfit for purpose and will not constitute a failure to meet any description or sample.
(c) We may from time to time advise you of the maximum Price at which the Goods are to be sold, or offered for sale. You agree that it will not sell, offer for sale the Goods for a Price that is more than the notified maximum Price advised by us.

5. PRICING AND INVOICING

(a) The Price will be Marque Of Brands quoted price as contained in a quotation or Order, subject to clause 3 and this clause 5.
(b) All pricing is offered exclusive of Goods and Services Tax and in Australian Dollars.
(c) We reserve the right to alter the sales price at any point in time, by providing not less than thirty (30) days’ notice to you.
(d) We reserve the right to immediately alter, without notice, any price to any Customer if external forces (for example, government policies/laws/regulations currency exchange shifts, raw materials cost increases or increase costs of suppliers) impose costs or conditions upon use that are deemed by us to be out of your control.
(e) Unless otherwise agreed in writing with you, Goods are non-returnable.

6. DELIVERY

(a) At our sole discretion delivery of the Goods will take place when:
(i) You take possession of the Goods at our address having a signed authority of acceptance; and or
(ii)  You take possession of the Goods at your nominated address (in the event that the Goods are delivered by us or our carrier having a signed authority of acceptance).
(b) Goods are transported at your risk.
(c) We are not liable or responsible for any delay incurred in the delivery process incurred by your nominated carrier.
(d) Statements regarding delivery times and periods are approximates only, unless otherwise provided in writing.
(e) If, for whatever reason, you do not accept and pay in full for the Goods delivered pursuant to an Order, all costs resulting from return transport, storage, recycling, scrapping, re-sale and other costs will be at your expense.
(f) Failure by us to deliver the Goods by reason of any circumstances of whatever nature including but not limited to fire, flood, explosion, strike, lock-out or other industrial act or dispute, the breakdown of or accident to plant, unavailability of shortage of raw material, labour, power supplies, or transport facilities, international transportation delay, storm, a shortage of product, an act of God, or any order or direction of any local, state or federal government or government authority or instrumentality shall not constitute a breach of these terms and conditions or render Marque Of Brands to any liability.

7. INTELLECTUAL PROPERTY

The Customer acknowledges that the Customer’s sole right to use the intellectual property in the brands and/or Goods is derived from these Terms and any other agreement between Marque Of Brands and the Customer (if any); and you must only use the intellectual property in connection with the sale of the Goods.

8. PAYMENT

(a) Payment must be made in full no later than the date at which the payment falls due, without any discount and/or offset, unless otherwise agreed upon in writing. If not date of payment is specified then payment shall be due fourteen (14) following the date of invoice.
(b) Payment must be made in the manner set out in the invoice. The provision of payment terms is in our absolute discretion.
(c) If you default in payment of any invoice when due, you indemnify us from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.
(d) Claims in respect of allegedly defective Goods or Goods with deviations from specifications will not be grounds for withholding payment of account and will not give you any right to offset payment of account.
(e) In the case of your failure to pay the invoice/account amount by the due date, it will become immediately due and payable, without any notice of default being required. In the event of late payment, you must pay interest at the rate of 1.5% per month calculated daily on the invoice amount for the time by which the payment period has been exceeded.
(f) We retain the right to terminate the Contract or to suspend its performance in full or in part with immediate effect, without prejudice to our other rights, if:
(i) any money payable to us becomes overdue, or in our opinion you will be unable to meet its payment obligations as they fall due;
(ii) you die, apply for suspension of payments, files for a bankruptcy order or requests to;
(iii) you are admitted to a statutory debt rescheduling, scheme or management arrangement;
(iv) bankruptcy, liquidation or like proceedings are instituted against the Customer; or
(v) Your business is closed down or liquidated.
(g) Without limiting any other provision of these terms, you agree;
(i) to provide all information and assistance necessary to register and maintain such an interest, until such Goods have been paid for in full by you
(ii) that we hold a security interest in the Goods and retention of Title until all proceeds arising from the sale of Goods supplied by us to you as detailed in clause 9 (Risk and Title of Goods) is complied with.

9. RISK AND TITLE OF GOODS

(a) All Risk for the Goods passes to you on delivery. Ownership of the Goods sold will only pass to you on payment in full of the sale price and any other amounts payable in respect of all Goods delivered or to be delivered pursuant to the Contract.
(b) Prior to payment in full of the outstanding amounts, you will not be entitled to pledge or otherwise offer as security the Goods or transfer ownership, other than in accordance with its normal business operations.
(c) If you do not pay in accordance with these Terms, you authorise us to: enter any premises where the Goods may be stored or in use; retake possession of the Goods; and, to keep or resell Goods repossessed.  You indemnify us against any claim, action or cost arising out of the exercise of this right of entry and removal.
(d) It is further agreed that Title of goods will not pass until:
(i)  Full payment is made and cleared by Marque Of Brands banking institution and the goods have been picked up or delivered, having a signed authority of acceptance
(ii) All Goods must be picked up or delivered, having a signed authority within 30 days of notification that the Goods are available for pickup or delivery
(iii)  Any disputed claim or chargeback is agreed to in writing by Marque Of Brands
(e) It is further agreed that:
(i) where practicable the Goods must be kept separate and identifiable until full payment is received and cleared in full and;
(ii) You are only a bailee of the Goods until such time as we have received payment in full for the Goods and until then you shall hold any proceeds from the sale or disposal of the Goods on trust for us.

10. COMPLAINTS AND CLAIMS

(a) Complaints relating to visible deviations from specification and/or defects in sold Goods must be submitted to us by you in writing within seven (7) days of delivery of Goods, otherwise you will be deemed to have accepted the Goods as delivered. If a complaint is well-founded, we will then have the right, at our discretion, to repair or replace the Goods in question, or credit or refund the invoice amount due for these Goods.
(b) Goods may only be returned  if:
(i)we have agreed in writing to the return of Goods and you have complied in all respects with the provisions of this clause; and
(ii) after inspection of the Goods returned Marque Of Brands has agreed in writing to accept the return of the Goods and to provide a refund to you.
(c) We will not be liable to accept return of Goods which have not been stored or used in a proper manner or have been abused or neglected.

11. LIABILITY OF Marque Of Brands

(a) To the full extent permitted by law, we will not be liable for any loss including indirect, incidental or consequential loss, damage, death or injury occasioned by you or any other person arising from the purchase of the Goods other than replacement of the Goods.
(b) Our liability for breach of a condition or warranty contained in these Terms, any other agreement between the parties or implied into this Contract or these Terms by Statutory Provisions is limited to any one of the following as determined by us:
(i) the replacement of the Goods or supply or equivalent Goods;
(ii) the repair of the Goods or payment of the costs of having the Goods repaired; or
(iii) the refund of the price paid by you for the Goods.
(c) You assumes all risk and liability for loss, damage or injury to persons or property of the Customer, or to others arising out of the use or possession of any of the Goods sold to the Customer whether such Goods are used singularly, or in combination with other Goods, or any process.

12. VALUE ADDED TAX (VAT)

We will charge you, and you agree to pay, the amount of any Value Added Tax (VAT) payable in respect of the Goods or as a result of the supply of Goods by us.

13. DISPUTE RESOLUTION

(a) All disputes between the Parties arising out of or related to the Contract of these Terms must in the first instance be referred to a representatives meeting between the parties.
(b) If the appointed representatives cannot resolve the dispute within fourteen (14) days, the dispute must be referred to mediation as agreed by the parties.
(c) If mediation is;
(i) abandoned by the mediator;
(ii) otherwise concluded with the dispute being resolved; or
(iii) not resolved within 60 days of the date of service of the notice of dispute (or such additional period as agreed by the Parties in writing), the dispute must be referred to Alternative Dispute Resolution 2015, (ADR) in accordance with the Guidelines.

14. GOVERNING LAW

These Terms are subject to the laws of England and Wales as members of the UE. Both parties submit to the non-exclusive jurisdiction of the courts of that Territory.

We take our customers privacy seriously and we will only collect and use your personal information as outlined below. Our Privacy Statement fully complies with the Privacy Act 1988 and represents the industry’s best practice.

Personal Information Collected

MARQUE OF BRANDS Pty Ltd does not sell, share or trade customer’s personal information collected online with third parties. Personal information collected online will only be disclosed within our corporate group for internal use only.

Security of Your Personal Information

MARQUE OF BRANDS ensures that all information collected will be safely and securely stored. We protect your personal information by:

Restricting access to personal information
Maintaining technology products to prevent unauthorised computer access
Securely destroying your personal information when it’s no longer needed for our record retention purposes
MARQUE OF BRANDS uses world-class secure payment gateways and data encryption so your credit card and payment details will always be secure.

Disclosure of Personal Information

We will not share your information with any other organisations other than related companies and those third parties directly related to the delivery of the products you have purchased from the MARQUE OF BRANDS website. In exceptional circumstances MARQUE OF BRANDS Pty Ltd may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes. MARQUE OF BRANDS Pty Ltd is committed to complying with the Privacy Act and the National Privacy principles. If you believe that your privacy has been breached by MARQUE OF BRANDS Pty Ltd please contact us at brands@marqueofbrands.com.au and we will resolve the issue.

Collection of Computer Data

When you visit MARQUE OF BRANDS, our company servers will automatically record information that your browser sends whenever you visit a website. This data may include:

  • Your computer’s IP address
  • Browser type
  • Webpage you were visiting before you came to our site
  • The pages with in MARQUE OF BRANDS you visit
  • The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics.

This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This data will not be used in association with any other personal information.

Cookies

Cookies aren’t just for eating. Cookies are alphanumeric identifiers that make it possible for us to recognise your browser when you visit MARQUE OF BRANDS. By using cookies, we can personalise your return visit and save you time during checkout. However, in order to enjoy the benefits of being a registered user, your browser must be set to accept cookies so they are not used unless you have a setting for them.

Changes to the Privacy Policy

MARQUE OF BRANDS Pty Ltd reserves the right to modify and change the Privacy Statement at any time. Any changes to this policy will be published on our site.

Complaints about Breaches of Privacy

If you are not satisfied with the way in which we handle your inquiry or complaint, please don’t hesitate to contact us at brands@marqueofbrands.com.au

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