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Terms & Conditions

This page contains information on the terms and conditions for purchases from M & T Traders (Retford) LTD Trading as Martyns Bargains

 

This website is owned and operated by:

 

Martyns Bargains

Unit 6 Aurillac Court

Hallcroft Industrial Estate

Retford

Nottinghamshire

DN22 7PX

Company Registration Number: 7152496

VAT Number: GB 940 610 648

 

 

If you need to contact us, please email us at: martyn@martynsbargains.co.uk

Or call customer services on: 01777 708457

 

 

We aim to respond to any contact within 1 working day.

 

BUSINESS POLICIES

 

All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.

 

STANDARD CONDITIONS OF SALE

 

1. DEFINITIONS

 

"Buyer" - person who buys or agrees to buy the Products from the Seller.

"Conditions" - terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

"Delivery date" - date specified by the Seller when the Products are to be delivered.

"Products" - goods specified.

"Price" - price for the Products including carriage, packing and VAT.

"Seller" - Impact Furniture.

"Consumer" shall bear the meaning as described in section 12 Unfair Contract Terms Act 1977.

 

2. CONDITIONS APPLICABLE

 

Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.

The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.

Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.

If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer, then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the email address given by you in your order form. The refund will be made as soon as possible and, in any event, within 10 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.

 

3. THE PRICE AND PAYMENT

 

Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.

Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required, the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.

 

4. THE PRODUCTS

 

The quantity and description of the Products shall be set out in the Seller’s quotation.

The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.

Photographs are for illustrative purpose only, and may not exactly match the product itself.

 

5. DELIVERY

 

Delivery charge is based on the size and weight of the consignment as well as location of the Buyer.

Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.

The Seller shall use his reasonable endeavours to meet any date agreed for delivery.

In any event time of delivery shall not be of the essence – however we aim to fulfil the delivery within 1-3 Days from the date of the order. Please note some items may be delivered sooner or later than the above stated period.

The Seller shall not be liable for any delay in delivery howsoever caused.

All orders for delivery to addresses within mainland GB are delivered at the advised charge prior to order confirmation.

For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands we will only be able to deliver to a nominated mainland GB address e.g. a port at the advised charge. Onward shipping from that point is the responsibility of the customer.

Normal delivery times are 8am - 6pm on working days. We do not deliver on weekends or bank holidays

Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.

Where a delivery date has been agreed with our carrier, but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.

Goods are delivered to the building door only and there will be no taking goods upstairs.

Our drivers are unaccompanied and may require help with larger items, please bare this in mind when ordering.

The goods will be left at your premises entrance or at the safest convenient location. Delivery drivers as standard will not carry items upstairs, and all transportation of your goods to a location upstairs is entirely carried out at the contractor’s risk and discretion. PLEASE NOTE “carry items upstairs” also covers flats which are not located on the ground floor.

 

6. RETURNS AND CANCELLATIONS

We only accept returns of items in their original packaging. We do not accept returns of assembled or partially assembled products. Please ensure that you check your goods at the time of delivery and report any issues to us ASAP. Any faulty or damaged parts can be exchanged and replaced. 

An order may be cancelled at any time between the placement of the order and 14 days following delivery of the goods.

If the Buyer is dissatisfied with his purchase for any reason he may, within 14 days of delivery, contact the Seller’s customer service department to notify them that he wishes to return some or all items from his order.

Buyer can either arrange to return the goods himself to the Sellers specified address at his own cost or he may ask the Seller to collect the goods in which case he will be charged by the seller the same amount as was paid for original delivery when placing an order. Seller reserves the right to accept or decline 3rd party collection service. In case of acceptance seller reserves the right to charge additional return postage charges depending on the nature of goods being returned.

Buyer will be responsible for return delivery costs which will be deducted from his refund.

Return of goods policy applies only to items that had not been assembled and are in their original packaging.

Goods must be returned to the Seller in the same condition they were in at the time of delivery to the Buyer and in their original packaging. Items which are not adequately packaged at time of collection may not be collected and a charge of £35 may be levied to cover cost of failed collection.

Refunds will be issued within 10 days of receipt of goods and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if items are returned damaged.

 

 

7. ACCEPTANCE OF THE PRODUCTS

 

Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.

After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.

 

8. TITLE AND RISK

 

Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.

Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.

 

9. INSOLVENCY OF BUYER

 

This clause applies if:

The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or

An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or

The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or

The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.

 

10. GENERAL

 

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.

 

11. HEADINGS

 

The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.

Representations

No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.

Additional costs

The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

 

12. PROPER LAW OF CONTRACT

 

This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.

 

13. GUARANTEE & WARRANTY

 

Most of the products we sell come with our own return to base 3 months warranty as we don't get any warranty from our all our suppliers. This doesn’t mean that we don't carry all spares, we do in most cases. On other products like Senci,  Clarke, Kipor We offer a 12 month or 2 year warranty. Please check with us before placing your order.

Please note that any warranty is with you the buyer, A warranty is not transferable to a 3rd party.

Please note that if a Manufacturer warranty is given, then in most cases you will have to register your warranty with them. In the unlikely event that you have an issue with the product purchased then you must contact the manufacturer, so they can deal with the problem under the warranty terms for you.

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