Conditions of Use
1. General
(a) In order for us to accept any order you must read and accept the following Terms and Conditions of sale during your order.
(b) We reserve the right to change these terms and condition at any time. Any such effect when posted on the website. It is your responsibility to read the terms and conditions on each occasion you use this website and you continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. We reserve the right in our absolute discretion to refuse any application to register and access the website services and to temporarily or indefinitely suspend any registered members. You agree to comply with all applicable laws, statutes and regulations concerning your use of the website.
(c) We reserve the right to modify or withdraw this website at any time without notice.
(d) By using this website you confirm that you are doing so in the course of business and not as a consumer and have authority to bind any business on whose behalf you use this website.
(e) We recommend that you always read the full product listings, on occasion; this contains additional information as to the grade of the product. Also to read the disclaimer below each listing-
THE TOTALS SHOWN ON LISTING ARE TO BE USED AS A GUIDE ONLY WHILST EVERY EFFORT IS MADE THAT ALL LISTINGS ARE ACCURATE ANY DIFFERENCE IN PRICE OR QUANTITY CANNOT BE RECTIFIED. ALL GOODS NON RETURNABLE.
(f) SOURCE COMPANY: A source company is designated as the company originally retailing stock to the general public.
(g) Important please be aware that delivery will only be made to the card holders registered address.
(h) There is no contract until the goods are despatched from Marthill International Ltd. We have the right to refuse any order at any time. If we refuse an order we will issue a refund within 48hours
(i)To the extent permitted by applicable law, the contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
2. Marthill International Products
(a) End Of Catalogue/ Clearance Stock This is surplus end of range stock, which is believed to be in good condition. It may suffer from soiled or damaged packaging and normal manufacturing defects.
(b) Untested Customer Returned Stock
This comprises of merchandise returned to the SOURCE COMPANY* as being faulty or defective in some way which for any reason cannot be returned to the original manufacturer.
(c) Also merchandise which has suffered from accidental damage within the SOURCE COMPANY’S distribution system, the merchandise may be damaged or it may simply be packaging damage. Part or incomplete items include multipart merchandise where one or more components are missing.
(d) In general this category will include both damaged and perfect stock, no guarantee as to the breakdown of damage and perfect stock whether expressed or implied by law will attach to any such sale.
(e) Marthill Int Ltd gives no warranty or representation of any kind, either express or implied, as to the quality, condition or fitness for purpose of the merchandise.
(f) No statement made by any person as to the quality or condition of any merchandise on offer is to be relied upon for the purpose of making an offer to purchase.
(g) Untested returned stock comprises of mixed products that are deemed unfit for resale these will include-
- Mostly returns from customers deemed as “faulty” and that some sortation of stock may have taken place but no testing at warehouse has occurred. Products may be missing some accessories. Model changes could have occurred which may mean you receive a similar or same specification item. Packaging may be missing or damaged
-Returns from customers under catalogue’s 30 day money back guarantee policy that are technically ok but the packaging is damaged.
- Products damaged in the source companies distribution or store processes. Products which can not be resold following return either because they are personal care items such as shavers or digital storage devices. e.g Digital cameras or mp3 players.
(h)To the fullest extent permitted by law, Marthill gives no warranty or representation of any kind, either express or implied, as to the quality, condition or fitness for purpose of the merchandise, nor is any warranty or representation to be taken to have been given or implied from anything said or written in negotiations with Marthill or their representatives prior to purchase.
3. Resale Of products/Intellectual Property
(a) The name of any source company or of any associated firm or company will not be used in connection with the resale of merchandise.
(b) You are not permitted to use any of Marthill Int Ltd or the source companies pictures or service marks whether registered or unregistered without Marthill Int Ltd prior written consent. You may not frame or utilize framing techniques that include any Marthill Int Ltd proprietary information such as images, text or page layout without Marthill Int Ltd prior written consent.
(c) You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to or to assist a third party to copy, reproduce, transmit, publish, display, distribute or commercially exploit or create derivative work or such material and content.
(d) The purchaser will remove the name of any source company or of any associated firm, company or any trader mark from the merchandise or marked in accordance with Marthill Int Ltd instructions prior to resale. All catalogue numbers or markings must be crossed out with permanent marker or obligated from any and all cartons before re-sale i.e. Any item carrying the source companies name or markings must be crossed out. Marthill Int Ltd International is a trade cash & carry.
(e) On no occasion will any catalogue or other promotional literature belonging to any source company or its associated firms and companies be used in any way whatsoever in connection with the resale of the merchandise.
(f) All the merchandise sold to the purchaser there under is sold without guarantee as to fitness for purpose and on the understanding that the purchase will ensure that the goods are made safe and are serviced before re-sale. No warranty whether expressed or implied by law will attach to any such sale. It is the prerogative of a purchaser to inspect the merchandise offered for sale. Marthill Int Ltd will assume that such an inspection has been made. Arrangement to inspect can be made with appropriate warehouse staff.
(g) The purchaser will indemnify Marthill Int Ltd against any claims whatsoever resulting directly or indirectly from the resale of the merchandise by the purchaser. You agree to fully indemnify, defend and hold us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these terms and conditions.
(h) All stock is sold ex-warehouse; Marthill Int Ltd Staff will provide assistance to load stock if required. Collections costs and arrangements are the responsibility of the purchaser
(i) Under no circumstances must any product purchased through Marthill be returned to the Original High Street retail store or other retail outlet (either online or physical location) for an attempted refund or exchange. Any such occurrence will be treated as fraud or attempted fraud, and Marthill will vigorously pursue legal action to the fullest extent permitted by the law in these circumstances.
(j) Safety Tests-Toys must be accompanied by a CE mark and the name and address of the European company responsible for the mark. Toys containing small parts as defined in BS 5665 must carry the statutory warning 'Not suitable for children under 3 years. Plastic bags containing toys must be over 38 microns thick and should carry a child-warning label. Toys should not be sold until the following checks have been carried out:
-Completeness of toy to enable safe assembly including instructions if necessary
-Ensure that there are no sharp points or edges and that internal components are not exposed other than functional parts.
-Toys using low voltage mains power adapters are checked to British Standard 3456 before resale.
-It is fundamental to the conditions of sale that checks are carried out and that they are satisfactory prior to resale.
(k) Audio
Merchandise is sold on the basis that it is repaired or reconditioned as necessary prior to resale. Safety tests complying with BS415 must be carried out on merchandise and any remedial work completed before it is offered for resale.
(l) Prams, Pushchair's and Nursery Goods
All new and second hand prams / pushchair's and nursery goods must meet BS 7409:1996. Older prams and pushchairs may be marked BS4139 or BS4792. However, even if a pram or pushchair is marked BS7409:1996, it does not mean that it is safe. You are advised to check any prams and pushchairs carefully. Many are subject to very hard wearing which may have caused them to become unsafe. The main areas to check are:
-sharp edges or points
- No finger traps (check folding mechanism on handles)
- Two separate locking mechanisms to release the chassis will fold
- A 5-point harness which is secure and intact (Some older models have a 3 point Harness)
- An effective brake
- Wheels must be firmly attached and running smoothly
- No small parts or loose fabric that can be detached easily by a child
- Must only be sold if it has proper instructions and warnings
-corrosion
-stability
(m) Children's Car Seats
Should a car seat look second hand or faulty in any way it should be scrapped and NOT sold, you cannot be sure that a second hand car seat has been involved in an accident and been damaged. The seat itself may look perfect but it could fail to protect a second time. The current European standard for car seats is ECE R44.03. No car seat should be sold without the proper fitting instructions.
(n) Payment- The title to each of the items or goods covered by this invoice is not legally transferred until complete payment has been made to Marthill Int Ltd. Payment in full is required to clear before any merchandise can be removed from Marthill Int Ltd Warehouse.
(o) Any electrical item that is non working can not and must not leave the UK for export worldwide. This is a must.
(p) All responsibilities and liabilities lie with the customer to make sure that the electrical items are working before leaving the UK. The customer (buyer) must have done the relevant tests; functionality test, PAT test and any other testing recommended by the Environment agency authority.
(q) Marthill (the seller) will send the return stock to a reputable logistics company (freight company), with reference to make sure the VAT exemption can apply. It is then the responsibility of the buyer (customer) to make sure that all goods before leaving the country agree with paragraph two.
(r) If the buyer (customer) requests the returns to be loaded onto a container for export it is up to the customer to make sure before the goods leave the country comply with paragraph two. Marthill will load the container with a reputable logistics (freight company) to make sure Marthill (seller) are satisfied for VAT exemptions. It is up to the customer to make sure they comply with paragraph two.
(s) With reference to VAT, Marthill (seller) will exempt the VAT if Marthill can send the return goods to a reputable logistics (freight company), that will send the paperwork back to Marthill to confirm that the stock will leave the country.
(t) Marthill is not responsible or liable for any export of electrical items worldwide, as Marthill is not an exporter it is a UK wholesaler selling a variety of stock (not just electrical stock) who is serving the UK retailers.
(u)By purchasing merchandise through Marthill website you undertake to ensure that either you, or anybody subsequently purchasing some or all of this product from you with the intention of selling these products on to members of the public, fully comply with all current and future Waste Electrical & Electronic Equipment (WEEE) Regulations & General Product Safety Regulations (GPSR), and that upon purchase of the merchandise from Marthill you will indemnify Marthill from all obligations with regards to final disposal or resale of the merchandise in line with both WEEE & GPSR Regulations and any other such regulations that come into force as part of UK or EU law.
(v)It is your responsibility as a trade purchaser to check for any Product Recalls, details of which can be found at Product Recall Information. If you believe you have purchased a recall product regardless of grade, please contact us by email at sales@marthill.co.uk stating the invoice number, product number and description, date of purchase and quantity of items purchased. Once records have been confirmed we may offer a refund of the price paid by you for the stock. Please be aware it is your responsibility to contact your customers that have purchased any recall items from you. We will require proof of disposal, or the stock returned to us to arrange disposal before any refund is processed.
4.RETURNS
(a) No returns will be accepted and no credit will be allowed for previously undiscovered defects or discrepancies in description.
(b) This does not affect any statutory rights that you may have to the extent that such rights are not excluded or limited under these terms and conditions.
(c) The goods sold on this Marthill site are sold as ‘trade’ and as a customer purchasing via this site you are not covered by legislation that protects non trade consumers. Regardless of the classification of the stock parcel on sale, all merchandise sold on this site is sold without any form of warranty or guarantee. Full liability for any future issues with all merchandise will sit with the purchaser from this site and not Marthill. As a perspective purchaser you need to consider these facts before buying and reflect this in any purchase that you make. Unless specifically covered by another term set out within these terms and conditions you will NOT be compensated if products develop a fault after resale by you to a third party or during future usage by you.
(d) Marthill have the right to dispose of the goods if they have not been collected within seven days of purchase from the date of the invoice.
(e) Under no circumstances should any product purchased though Marthill Int Ltd be returned to a Source Company of the product for a refund or exchange. Any such accordance will be treated as fraud or attempted fraud and the source company will vigorously pursue legal action to the fullest extent permitted by the law in these circumstances
(f) We do not refund your shipping charges for pallets being sent out or for pallets being returned back to us. You may also be subject to a handling charge to cover our expense in re-stocking the item, this will of course depend on the circumstances or reason for return.
(g) If you are not at the delivery address when the pallet is delivered you will have to pay an additional charge to redeliver due to the costs of re delivery.
(h)Unless otherwise stated, we have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes, please make sure that you are covered by appropriate insurance.
5.EXPORT
(a) Marthill, the seller will not be responsible for any export orders that Marthill arranges to ship for the consignee, consignee means customer. If the container is stopped by customs any charges will be down to the consignee, exporter, customer.
(b) If the containers is turned back to the UK for any reason by customs the consignee, exporter, customer will be responsible for the charges.
(c) If the legislation changes the consignee, exporter, customer is responsible to let the seller, Marthill know about the legislation changes before shipment by e-mail, so this is recorded. Marthill under no circumstances can take responsibility of legislation changes.
(d) Marthill, the seller will not give refund to the consignee, exporter, customer if the container is taken from customs, if the container is sunk, if the container for any other reason has to be returned to the UK or is taken from any other authority.
(e) Marthill, the seller, freight company meaning the forwarder to ship the container. (f) All Legislation for worldwide export are the responsibilty of the freight forwarder.
(g) It is up to the consignee, exporter, customer to sort out any issues or any legislations or the authorities direct with the freight forwarder once the container has left the seller, Marthill International Ltd’s warehouse in Nottingham.
(h)Marthill have the right to ask for proof before or after the sale that the purchaser or on the purchaser’s behalf is in the returns industry by proof of other returns wholesalers invoices, vat number, business address, website, business name, limited company, accountants details, proof of trading period to make sure that public are not buying the goods, and if reviews are left on any third party websites by public who have brought these will not be valid as marthill is a business to business trade supplier only, if the purchaser or on behalf of the purchasher can not provide sufficient evidence to support their purchase, legal action will be taken. If Marthill decide that sufficient evidence has not been supplied this would be seen as a dishonest purchase and defamatory review. All legal costs will be asked for including loss of business and revenue.
(i) The freight forwarder takes all responsibility once the container has taken from Marthill International Ltd’s Warehouse in Nottingham, all liability is with the freight forwarder from their onwards, including any legislation changes, any authorities. Marthill will not except liability for any issue or pay for any charges that are incurred from any authorities including customs or freight cost back to the UK. The freight forwarder is responsible for the freight of the containers taken from Marthill, the seller on behalf of the consignee,exporter, customer. If the container is stopped by customs or any other authority it is the freight forwarder`s responsibility for all cost. Marthill will not pay any cost to a freight forwarder if under any circumstances the container does not reach the final destination. Once the Freight Forwarder picked the container up from Marthill for export the Freight Forwarder has automatically entered into Terms and Conditions of Marthill. It is up to the Freight Forwarder to check the Terms and Conditions that Marthill will ask him to read.
Once we have received the bill from the Freight Forwarder he has automatically entered into the Terms and Conditions of Marthill.
The bills will not be paid to the Freight Forwarder if there has been a dispute by any authority until the matter has resolved including any compensation to the customer, any legal expenses will be deducted from the bills if there is a balance will be paid or if there is a balance outstanding the Freight Forwarder will need to pay this.
If Marthill loose the customer the Freight Forwarder will not get paid for any shipping cost on that container concerned if the container has been stopped by any authority for a legislation the Freight Forwarder should be aware of.
Marthill reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms & Conditions or any related contract to any third party.
You may not assign or sub-contract any of your rights or obligations under these Terms & Conditions or any related order for products to any third party unless agreed upon in writing by Marthill.
To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Marthill shall be under no liability for any delay or failure to perform any obligation as specified in these Terms & Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
If any portion of these Terms & 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 & Conditions shall not be affected.
These Terms & Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) any member of Marthill shall have the right to enforce any rights or benefits under these Terms & Conditions;
b) any member of Marthill shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these Terms & Conditions;
c) a person who is a permitted successor or assignee under these Terms & Conditions may enforce such rights or benefits;
d) no consent from the persons referred to in the T&Cs is required for the parties to vary or rescind these Terms & Conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
No delay or failure by Marthill to exercise any powers, rights or remedies under these Terms & Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Marthill.
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
Marthill will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Marthill will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Marthill accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the site.
Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in these T&Cs, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Marthill will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
Notwithstanding the above, Marthill 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 cause.
Marthill and you acknowledge and agree that unless expressly included in these terms and conditions the requirements of the Electronic Commerce (EC Directive) Regulations 2002 are excluded to the fullest extent permissible by law.
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.
These Terms & Conditions including the documents or other sources referred to in these Terms & Conditions supersede all prior representations understandings and agreements between you and Marthill relating to the use of this website and sets forth the entire agreement and understanding between you and Marthill for your use of this website.
WARNING: All traders found not complying with any of our terms and conditions and our safety requirements will not be supplied with any stock and may also face legal action.
In any event, if the above terms and conditions are not complied by or met, Marthill have the right to take the customer (the buyer) who has not carried out the terms and conditions to court to be prosecuted and all Marthill’s legal costs will be paid for by the customer.
