Terms of Service 1 — Marmaduke's Emporium

Marmaduke’s Terms & Conditions

This document does not effect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

Copyright

The copyright of this website is owned by Marmaduke’s Emporium.

Authorisation to Reproduce

All content on this site is the property of Marmaduke’s Emporium. The software, text and images used on this site belong to Marmaduke’s Emporium. Except for personal use, no material from this site may be copied, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Marmaduke’s Emporium.

Other Trademarks and Trade Names

All other trademarks or trade names referred to in these materials are the property of their respective owners.

Your Comments

Marmaduke’s Emporium wants your feedback and appreciates your ideas and suggestions but is unable to answer every comment individually. Marmaduke’s Emporium will be free to use and act on any information you submit.

Accuracy of this site

This website may contain inadvertent inaccuracies or typographical errors. These will be corrected at the discretion of Marmaduke’s Emporium, as they are found. The information on this website is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the World and some of the information accessed through these web pages may originate outside of Marmaduke’s Emporium. Marmaduke’s Emporium excludes any obligation or responsibility for this content.

Viruses

Marmaduke’s Emporium makes all reasonable attempts to exclude viruses from this website, but it cannot ensure this exclusion and shall have no responsibility for any damage to User’s computer system or loss of data that result from the download of any content, materials and information from the website.

Disclaimer of Warranties

The services, the content and the information on this website are provided on an “as is” basis. Marmaduke’s Emporium, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Marmaduke’s Emporium makes no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through this website. No information obtained from the Marmaduke’s Emporium website shall create any warranty not expressly stated by Marmaduke’s Emporium in these terms and conditions.

We warrant to you that we have the right to sell the products that you buy; the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; the products you buy will correspond to any description published on our website; and the products you buy will be of satisfactory quality.

You warrant and represent to us that you are legally capable of entering into binding contracts; you have full authority, power and capacity to agree to these terms and conditions; all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability provided in these terms and conditions are fair and reasonable.

Limitation of Liability

To the extent permitted by law, in no event shall Marmaduke’s Emporium or any third parties mentioned on the website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, purchases made on the website, services described, website content or information whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Marmaduke’s Emporium is advised of the possibility of such damages.

Prices

We reserve the right to change the prices quoted on our website but this will not effect contracts that have previously come into force.

All prices are inclusive of VAT.

We reserve the right to sell products by any available sales channel, as well as on this website and at a price appropriate to the sales channel to reflect the costs incurred.

Order Process

No contract will come into force between you and Marmaduke’s Emporium unless and until we accept the order as outlined below.

You add the product to your shopping cart and then proceed to checkout; you will be transferred to our payment service providers website to handle the payment. We will send you an order confirmation and an e-mail to confirm shipment.

Alternatively, if you wish to pay for an item by another method such as a Bank Transfer please contact us but the order process remains the same.

This process only relates to purchases made from Marmaduke’s Emporium through this website.

Payments

You must, during the checkout process, pay the prices of the products you order together with any agreed shipping charges.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

an amount equal to the amount of the charge-back;
all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
all our reasonable costs, losses and expenses incurred in recovering the amounts referred to including without limitation legal fees and debt collection fees;

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

Shipping

We pack items really well and have sent items all over the World without any problem. For items purchased through the shop we will ship with professional courier / shipping companies or by insured, signed for postage where appropriate. We are happy to discuss the options with you at the time of your purchase. Your order will be shipped within 3 days of receipt of cleared funds and delivered to a timescale determined by the method of shipping.

You will be deemed to have received the item on the day that it is signed for, irrespective of who actually signs for it if sent by insured, signed for postage or on the actual day of delivery if sent by a courier / shipping company.

If the item does not arrive or in the unlikely event that it arrives damaged then please contact us.

Returns

Marmaduke’s Emporium will do everything in its power to ensure that you are totally satisfied with any purchase you make through this website and will gladly chat about an item and provide further pictures with a condition report to you prior to you making a purchase.

If on receipt of the item you are in any way unhappy then please contact us and we will try and resolve the issue.

If the issue cannot be resolved and you wish to cancel the sale then please see the Rights to Cancel section below.

In the unlikely event that the the item arrives in a damaged state then please inform us within 5 days after the day which the products come into your or an identified third persons physical possession. We may require photographic evidence and/or have the item returned to an address we provide or handed over to us or a person authorised by us to receive them, where applicable we will also refund the return shipping cost.

We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

Rights To Cancel

The right to cancel applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

You may withdraw an offer to enter into a contract or cancel a contract with us (without giving any reason for your withdrawal or cancellation) at any time from the submission of your offer until the end of 14 days after the day on which the products come into your or an identified third persons physical possession.

If you cancel a contract on this basis you must send the products back to us to an agreed address or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

We will be happy to give you a full refund of the purchase price, as long as the item is returned to us, to an address that we provide as long as the item arrives in the same condition as it was when it was sent. The return of the item is at your risk and therefore it is essential that you not only package the item properly to protect it but also insure it to the value of the purchase price. If you do not insure the item and it is lost or damaged, we will be unable to make any refund to you but you should be able claim on the insurance.

We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described here within the period of 14 days after the day on which we receive the returned products back. If we have not sent the products to you at the time of cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

Order cancellation

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if: you fail to pay, on time and in full, any amount due to us under that contract; or you commit any material breach of that contract.

You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any product unavailability or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

Consequences of order cancellation

If a contract under these terms and conditions is cancelled in accordance with the Section above we will cease to have any obligation to deliver products which are undelivered at the date of cancellation. You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

Variation

We may revise these terms and conditions from time to time by publishing a new version on our website.

No waivers

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our delivery policy, our returns policy, and our privacy policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.