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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Markanto Design and Build Ltd. (No. 13594206) of 35 Spanslade Road, Northampton NN39DL (“we” and “us”) to the customer (“you”).
1.2 All orders placed by you and purchases of goods from us (via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the goods to you; or (ii) by providing the goods you have purchased to you, at which point a legally binding contract is constituted between you and us.
1.3 These Terms and Conditions are subject to change from time to time. The current Terms and Conditions are available online at markanto-design.co.uk and will govern orders placed by you and the supply of goods to you.
1.4 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
Ordering
2.1. All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.2 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
Price & Payment
3.1 The price payable for the goods you order or purchase is as set out on our website at the time you submit your order, plus any charges for delivery as advised to you.
3.2 Catalogue prices are correct at time of going to press, and we reserve the right to update prices. We also reserve the right to change the price of commodity goods, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity.
3.3 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.4 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.5 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.6 For website orders, payment can be made by most major credit or debit cards or PayPal, by completing the relevant details on the checkout page.
3.7 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
3.8 We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.9 The format of our invoice and statements to you will solely be dictated by us.
Delivery & Title
4.1 We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clauses 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments.
4.2 Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. check all the goods are suitable for your purposes and do not have any defects or missing parts.
4.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods.
Availability
5.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days.
Cancellation, Returns & Refunds
Cancellation
6.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 30 days of the date of delivery to you or your collection from a trade counter (as applicable). In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 30-day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
6.1.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that you have the right to cancel your order at any time up to 14 days after the day on which you received the goods you ordered.
6.2 You will lose your right to cancel after the expiry of the 30-day period referred to in clause 6.1 (this does not affect your rights if there is any problem with the goods).
6.3 To exercise your right to cancel, you may inform us of your decision to cancel by phone or email using the contact details set out below at clause 9. You may wish to use the model cancellation form at www.markanto-design.co.uk/cancel to cancel your order, but you are not obliged to. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
6.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 6.11), unless we agree that you may dispose of them. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products.
6.5 Following cancellation, subject to clause 6.7 we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:
6.6 We will refund you using the same means of payment as you used to pay for your order or purchase. For PayPal purchases we will provide you with a refund or customer credit (at your option).
6.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
6.8 Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalised.
Faulty Goods
6.11 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30-day period in clause 6.1.
6.12 Without prejudice to your right to cancel orders generally under this clause 6, if you have notified us of a problem with the goods within 30 days of delivery or collection, you have a right to reject the goods and receive a full refund, or alternatively we are happy to provide a replacement.
6.13 If an item develops a fault after 30 days following delivery or collection, we may offer a repair or replacement of the item or offer a price reduction or refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality during the expected life of the product.
Legal Rights as a Consumer
6.14 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
Events Beyond Our Control
7.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
General
8.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
Contact Details
9.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at Markanto Design and Build Ltd, 35 Spanslade Road, Northampton, NN39DL by phone on 07729871382 , or by email at info@markanto-design.co.uk