Detailed below are the Terms and Conditions upon which Martell Holdings Limited will supply products (“the products”) listed on their website www.martellssolutions.co.uk (“the website”) to you (“the customer”).
Please read these terms and conditions carefully before placing any order for the products from the website. By placing an order for any of the products, you agree to be bound by these terms and conditions.
You may print a copy of these terms and conditions for your future reference.
You must click on the button "I Accept" after reading these terms and conditions if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any of the products featured on the website.

About us

www.martellssolutions.co.uk is a website operated by Martell Holdings Limited (“the company”). The company is registered in England and Wales under company number 6323036. Registered Office is Waring & Partners, Roper Yard, Canterbury, Kent CT2 7EX. VAT number is 202868176.

Service Countries

The products listed on the website (excepting Twinlock and Martell Forms which are available for delivery throughout the UK and Ireland) are available for sale only to people who are resident in mainland United Kingdom and Northern Ireland excluding the Highlands and Isles (“the service countries”). We do not accept orders from individuals outside of the service countries.

About You

By placing an order through the website, the customer warrants that:
They are legally capable of entering into binding contracts;
They are at least 18 years of age;
They are resident in the service countries (see above).

The Contract

How the contract is formed between the customer and the company:

1. After placing an order via the website, the customer will be sent an acknowledgement of receipt of the order via email. This acknowledgement does not mean that the order has been accepted by the company, but merely constitutes the customers offer to buy a product from the website. All orders placed on the website are subject to acceptance by the company. Such acceptance will be sent to the customer via an email confirming dispatch of the product (“dispatch confirmation”). The contract between the customer and the company (“the contract”) will only be formed when dispatch confirmation has been notified to the customer.

2. The contract will relate only to the product(s) confirmed in the dispatch confirmation. Any other products which may form part of any order shall not be deemed as accepted by the company until dispatch confirmation has been sent relating to each of the remaining products of the order.

Links

On occasion and if deemed necessary to improve services to the customer, the website may include links to the websites of other suppliers or agents. Whether these website links are affiliated to the company or not, the company will not be liable for the provision of goods or services ordered via the websites for which we have provided a link, nor guarantee that products or services so ordered will be of a satisfactory quality.

Consumer Rights

The customer may cancel a Contract at any time within fourteen days from the day products are received by the customer. In this case, a full refund of the price paid for the Products will be sent to the customer in accordance with our refunds policy (set out in ‘Refund Policy’ on separate page of the website). To cancel a Contract the customer must inform the company in writing or by telephoning 01843 850900. The product(s) relating to the Contract must be returned to the company immediately. Any such returned products for which the customer wishes to receive a refund must reach us in the same condition in which the customer received them as specified in our Returns Policy. The customer shall have no right to cancel any contract involving products or services which have been manufactured, printed or ordered by the company to meet the customers specifications.

Delivery

Orders will be fulfilled according to the delivery date specified in the dispatch confirmation. Orders placed before 4pm Monday to Friday will normally be dispatched within 1 to 3 working days. The standard charge for delivery is £6.30 per order. Any order exceeding £30 in value (excluding VAT) will be delivered to the customer free of charge, unless such order has been manufactured, printed or ordered by the company to meet the customers specific specifications.

Availabilty of Stock

Any product ordered by the customer which is out of stock but forms part or whole of a contract will be ordered by the company on behalf of the customer. Any out of stock orders will be notified to the customer immediately in order for the customer to be able to amend or cancel said order.

Risk and Title

The Products shall be at the customers risk from the time of delivery.
Ownership of the Products will only pass to the customer when the company has received full payment of all sums due in respect of the Products, including delivery charges (if any).

Price and Payment

Product prices will be as described on the website except in the case of obvious error and may be changed from time to time without prior notice. Such changes will not in any way affect orders for products which have already been confirmed as accepted by the provision of a dispatch confirmation.
Prices listed on the website are excluding VAT and delivery costs (if order is for less than £30), which will be added to the total amount due during order processing. For delivery costs for orders of less than £30 see “Delivery” above.

Due to the fact that the website contains a large number of products, it is possible that, despite the company’s best efforts, some products may be incorrectly priced. All prices relating to orders will normally be confirmed and verified in the dispatch confirmation. If any ordered product has a listed price higher than the correct price, such product will be charged to the customer at the lower correct price. If any ordered product has a listed price lower than the correct price, the company may at it’s discretion decide to honour the incorrect price and charge the customer at the lower incorrect price, or contact the customer and ask for instructions before dispatch of the product, or refuse to accept the order and notify the customer of such rejection. The company shall be under no obligation to provide any incorrectly lower priced product to the customer at the lower price even after dispatch confirmation has been sent.

Refunds Policy

The company may at it’s discretion take receipt of returned products ordered via the website if:
1. The customer has cancelled a contract between the customer and the company
2. If the customer does not accept any changes to the terms and conditions of sale as described in ‘Terms and Conditions’ or any of the Policies.
3. If the customer claims that the product supplied is defective. In this case the company shall inspect the returned product(s) and if satisfied that the product is in it’s original condition according to the company’s Returns Policy, the company shall either replace the item (usually within 48 hours) or provide the customer with a full refund. If such refund is requested when returning items, any money refunded will normally be sent using the same method used to pay originally. At the discretion of the company and in certain circumstances, refunds may be made by business cheques which will be sent to the customers account address. Such refunds will be processed as soon as possible.
4. The customer has returned the product(s) during the fourteen day cooling off period. In this case, refunds will be made after the deduction of delivery costs (if any)
In the case of large electrical or excessively heavy items being returned for any of the above reasons, the company will contact the customer and arrange for collection. Subject to inspection by the company, any refund may be subject to a 20% deduction to cover the cost of collection, except in the case of a defective item.
In the case of a shortfall in the quantity of items delivered, the customer should notify the company within 3 days from receipt of the items. Failure to notify the company (either by telephone or in writing – see ‘Written Communications’ below) of any shortfall in items delivered within 3 days will result in the company having no liability in respect of any shortfall and the customer shall be bound to pay for the products as in accordance with the contract.

Liability

The company warrants to the customer that any product purchased from the website is of satisfactory quality. The company’s liability in connection with any Product purchased through the website is strictly limited to the purchase price of that Product. This does not include or limit in any way the company’s liability: for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for the company to exclude, or attempt to exclude, the company’s liability. The company accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Written Communications

Applicable laws require that some of the information or communications the company sends to the customer should be in writing. When using the website, the customer accepts that communication with the company will be mainly electronic. The company will contact the customer by e-mail or provide the customer with information by posting notices on the website. For contractual purposes, the customer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the company provides electronically comply with any legal requirement that such communications be in writing. This condition does not affect the customers statutory rights.

Notices

All notices given by the customer to the company must be given Martell Holdings Limited (address) or by email to sales@martellssolutions.co.uk. The company may give notice to the customer at either the e-mail or postal address provided to the company when placing an order, or in any of the ways specified in the section “Written Communications” above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of Rights and Obligations

The contract between the customer and the company is binding on the customer and the company and on any respective successors and assigns. The customer may not transfer, assign, charge or otherwise dispose of a Contract, or any of their rights or obligations arising under it, without the company’s prior written consent. The company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any rights or obligations arising under it, at any time during the term of the Contract.

Events Outside Our Control

The company will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under a Contract that is caused by events outside the company’s reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the company’s reasonable control and includes in particular (without limitation) the following:
1) strikes, lock-outs or other industrial action;
2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5) impossibility of the use of public or private telecommunications networks; or
6) the acts, decrees, legislation, regulations or restrictions of any government.
7) The company’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the company shall have an extension of time for performance for the duration of that period. The company will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If the company fails, at any time during the term of a Contract, to insist upon the strict performance of any of the customer’s obligations under the Contract or any of these terms and conditions, or if the company fails to exercise any of the rights or remedies to which they are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the customer from compliance with such obligations.
A waiver by the company of any default shall not constitute a waiver of any subsequent default. No waiver by the company of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the customer in writing in accordance with the above.

Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between the cvustomer and the company in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between them, whether oral or in writing.
Both the customer and the company acknowledge that, in entering into a Contract, neither of them has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between them prior to such Contract except as expressly stated in these terms and conditions.
Neither the customer nor the company shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our Right to Vary These Terms and Conditions

The company reserves the right to revise and amend these terms and conditions from time to time. The customer will be subject to the policies and terms and conditions in force at the time that they order products from the website, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the customer), or if the company notifies the customer of the change to those policies or these terms and conditions before they provide the customer with the Dispatch Confirmation (in which case the company has the right to assume that the customer has accepted the change to the terms and conditions, unless the customer notifies the company to the contrary within seven working days of receipt by the customer of the Products).

Law and jurisdiction

Contracts for the purchase of Products through the website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Martell Holdings Limited
1st May 2008