Terms & Conditions
Welcome to Marley Coffee UK's
website. These terms and conditions apply to the use of this website
at www.marleycoffee.co.uk.
By accessing this website and/or
placing an order, you agree to be bound by these terms and
conditions.
Using this website indicates that you accept
these terms regardless of whether or not you choose to register with
us or order from us. If you do not accept these terms, do not use
this website.
1. INTRODUCTION
1.1 You will be able
to access most areas of this Website without registering your details
with us. Certain areas of this Website are only open to you if you
register.
1.2 We may revise these terms and conditions at any
time by updating this posting. You should check this Website from
time to time to review the then current terms and conditions, because
they are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or
terms located on particular pages of this Website. If you do not wish
to accept any new terms and conditions after we have given notice,
you should not continue to use this Website.
2. ORDERING
FROM US
2.1 You are deemed to place an order with us by
ordering via our online checkout process. As part of our checkout
process you will be given the opportunity to check your order and to
correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an
order takes place when we despatch the order. We will send you a
despatch confirmation by email. When we despatch the order the
purchase contract will be made even if your payment has been
processed immediately, unless we have notified you that we do not
accept your order or you have cancelled your order.
2.3 We may
refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c)
if there has been a pricing or product description error; or
(d)
if you do not meet any eligibility criteria set out in our terms and
conditions.
3. PRICING
3.1 All prices include VAT
(where applicable) at the current rates. Note that VAT is not charged
on roast coffee in the UK. We reserve the right to express the price
exclusive of VAT, but we shall show VAT separately and include it in
the total price.
3.2 Where we charge separately for packing,
carriage and insurance and other relevant charges, the appropriate
rates are set out in our specified pricing structure shown elsewhere
on this Website.
3.3 Our prices are reviewed periodically and the
next review will be on 01/12/2012.
4. CANCELLATION AND
RETURNS POLICY
4.1 If you wish to cancel your order:
(a)
you can notify us by email to info@marleycoffee.co.uk
before we have dispatched the goods to you; or
(b) where goods
have already been dispatched to you, by returning goods to us in
accordance with clause 4.2 below.
4.2 You can return goods you
have ordered from us for any reason at any time within 14 days of
receipt for a full refund or exchange. The costs of returning goods
to us shall be borne by you.
4.3 Upon receipt of the goods we
will give you a full refund of the amount paid or an exchange credit
as required.
4.4 The rights to return the goods to us as referred
to in clause 4.3 will not apply in the following circumstances: - in
the event that the product has been used
The provisions of this
clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents
or related graphics on this Website are modified in any way;
(b)
no graphics on this Website are used separately from accompanying
text; and
(c) any of our copyright and trade mark notices and
this permission notice appear in all copies.
5.2 Unless otherwise
stated, the copyright and other intellectual property rights in all
material on this Website (including without limitation photographs
and graphical images) are owned by us or our licensors. For the
purposes of these terms and conditions, any use of extracts from this
Website other than in accordance with clause 5.1 above for any
purpose is prohibited. If you breach any of the terms in these terms
and conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or printed
extracts from this Website.
5.3 Subject to clause 5.1, no part of
this Website may be reproduced or stored in any other website or
included in any public or private electronic retrieval system or
service without our prior written permission.
5.4 Any rights not
expressly granted in these terms are reserved.
6. SERVICE
ACCESS
6.1 While we endeavour to ensure that this Website is
normally available 24 hours a day, we will not be liable if for any
reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and
without notice in the case of system failure, maintenance or repair
or for reasons beyond our control.
7. VISITOR MATERIAL AND
CONDUCT
7.1 Other than personally identifiable information,
which is covered under the Privacy Policy, any material you transmit
or post to this Website will be considered non-confidential and
non-proprietary. We will have no obligations with respect to such
material. We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
7.2 You are prohibited
from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which
may cause annoyance or inconvenience;
(b) for which you have not
obtained all necessary licences and/or approvals;
(c) which
constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to
the law of or infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically
harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or
other malicious software or harmful data).
7.3 You may not misuse
the Website (including, without limitation, by hacking).
7.4 We
will fully co-operate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or locate
anyone posting any material in breach of clauses 7.2 or 7.3.
8.
LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party
websites on this Website are provided solely for your convenience. If
you use these links, you leave this Website. We have not reviewed all
of these third party websites and do not control and are not
responsible for these websites or their content or availability. We
therefore do not endorse or make any representations about them, or
any material found there, or any results that may be obtained from
using them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk.
8.2
If you would like to link to this Website, you may only do so on the
basis that you link to, but do not replicate, the home page of this
Website, and subject to the following conditions:
(a) you do not
remove, distort or otherwise alter the size or appearance of Marley
Coffee UK's logo;
(b) you do not create a frame or any other
browser or border environment around this Website;
(c) you do not
in any way imply that we are endorsing any products or services other
than our own;
(d) you do not misrepresent your relationship with
us nor present any other false information about us;
(e) you do
not otherwise use any of Marley Coffee UK's trademarks displayed on
this Website without our express written permission;
(f) you do
not link from a website that is not owned by you; and
(g) your
website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all
applicable laws and regulations.
We expressly reserve the right
to revoke the right granted in this clause 8.2 for breach of these
terms and to take any action we deem appropriate.
8.3 You shall
fully indemnify us for any loss or damage we or any of our group
companies may suffer or incur as a result of your breach of clause
8.2.
9. REGISTRATION
9.1 To register with
www.marleycoffee.co.uk you must be over eighteen years of age.
9.2
Each registration is for a single user only. We do not permit you to
share your user name and password with any other person nor with
multiple users on a network.
9.3 Responsibility for the security
of any passwords issued rests with you and if you know or suspect
that someone else knows your password, you should contact us
immediately.
9.4 We may suspend or cancel your registration
immediately at our reasonable discretion or if you breach any of your
obligations under these terms and conditions.
10.
DISCLAIMER
10.1 While we endeavour to ensure that the
information on this Website is correct, we do not warrant the
accuracy and completeness of the material on this Website. We may
make changes to the material on this Website, or to the products and
prices described in it, at any time without notice. The material on
this Website may be out of date, and we make no commitment to update
such material.
10.2 The material on this Website is provided
“as is†without any conditions, warranties or other terms
of any kind. Accordingly, to the maximum extent permitted by law, we
provide you with this Website on the basis that we exclude all
representations, warranties, conditions and other terms (including,
without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and
skill) which but for these terms and conditions might have effect in
relation to this Website.
11. LIABILITY
11.1 We,
any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group
companies and the officers, directors, employees, shareholders or
agents of any of them, exclude all liability and responsibility for
any amount or kind of loss or damage that may result to you or a
third party (including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or damages
arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract
or otherwise) in connection with this Website in any way or in
connection with the use, inability to use or the results of use of
this Website, any websites linked to this Website or the material on
such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or
other property on account of your access to, use of, or browsing this
Website or your downloading of any material from this Website or any
websites linked to this Website.
11.2 Nothing in these terms and
conditions shall exclude or limit our liability for (i) death or
personal injury caused by negligence (as such term is defined by the
Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which cannot be
excluded or limited under applicable law.
11.3 If your use of
material on this Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs
thereof.
11.4 You agree to indemnify us fully, defend and hold
us, and our officers, directors, employees and agents, harmless from
and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms and
conditions by you, or your use of this Website, or the use by any
other person using your registration details.
12.
GOVERNING LAW AND JURISDICTION
12.1 These terms and
conditions shall be governed by and construed in accordance with
English law. Disputes arising in connection with these terms and
conditions shall be subject to the exclusive jurisdiction of the
English courts.
12.2 We do not warrant that materials/items for
sale on the Website are appropriate or available for use outside the
United Kingdom. It is prohibited to access the Website from
territories where its contents are illegal or unlawful. If you access
this Website from locations outside the United Kingdom, you do so at
your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign,
sub-license or otherwise transfer any of your rights under these
terms and conditions
13.2 If any provision of these terms and
conditions is found by any court of competent jurisdiction to be
invalid, the invalidity of that provision will not affect the
validity of the remaining provisions which shall continue to have
full force and effect.
13.3 Only the parties to these terms and
conditions may seek to enforce them under the Contracts (Rights of
Third Parties) Act 1999.
