It is our intention that the terms of the contract between us and you are all contained in:-
We intend that the terms of our contract will also include any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you.
your right to use products which you purchase from us
Your right to use our products is subject to compliance with our End User Licence Agreement (where applicable) and any relevant restrictions detailed on our website. If you would like more information about use of our products, please email us at firstname.lastname@example.org.
If goods or services ordered via this website are being provided by a third party, that third party’s own terms and conditions may also apply to your order. We shall inform you at the time you place your order if third party terms and conditions apply and we shall also make a copy of these terms and conditions available to you at this time.
changes to these terms and conditions
We reserve the right in our sole discretion to modify, alter or otherwise update these terms and conditions and the content of our web pages (including details of prices, products, services and offers) at any time.
You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.
who is permitted to submit offers
You are only permitted to use this website to submit an offer to buy goods or services if you:
- are purchasing the goods or services principally for the purposes of your business, or profession;
- are aged 16 years or older; and
- have authority to bind any business on whose behalf you use this website.
your offer to purchase goods / services
Nothing on this website is intended to mean that we are making a legally binding offer to you to provide goods or services: instead, we are inviting you to make a legally binding offer to us to purchase goods or services.
Offers can be submitted by completing the online order form on our website and clicking on the ‘MAKE PAYMENT” button.
acknowledgement of your offer
Once you have submitted your offer to us, you should be presented with a confirmation webpage which sets out the final details of your offer.
We shall also endeavour to confirm the details of your offer by email within 48 hours (excluding weekends and public holidays in Scotland). Please note that although this email constitutes notification of receipt of your offer, it does not constitute our acceptance of your offer.
acceptance of your offer & formation of our contract
Unless specifically accepted by us as set out below, we will not be bound by any offers submitted by you via this website.
Our contract with you is formed only when we have accepted your order by:-
- delivering the goods or providing the services you have offered to purchase (in which case the date of formation of the contract is the date on which we attempt to deliver the goods or perform the services); or
- if earlier, sending you notice of our acceptance by email or by post (in which case the date of formation of our contract is the date shown on that notice of acceptance).
All contracts shall be concluded in the English language.
rejection of your offer
It is entirely at our discretion to accept or reject any offer submitted by you. Our acceptance of such offers is always subject to authorisation of your payment card (or receipt of payment in cleared funds), availability of stock at the stated price and confirmation that you have read and accepted these terms and conditions by clicking on the “I ACCEPT” button.
If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.
DELIVERY OF GOODS / PERFORMANCE OF SERVICES
Goods must be signed for on delivery, where applicable, the signatory being either you or another person authorised by you who is aged 16 years or over.
If we accept your offer to purchase goods or services from us, we shall use reasonable endeavours to deliver the goods or provide the services you have ordered:-
- within thirty (30) days after we receive your offer; or
- if we agree an alternative later date with you, by that date (provided that the alternative date is not merely declared to be an estimate).
We can only deliver goods to you during normal working hours, on normal working days Monday to Friday (excluding public holidays). We are unable to specify the exact time or period in the day at which the goods will be delivered to you.
If we anticipate any delay in delivery or performance, we shall endeavour to notify you of such delay as soon as possible.
If we cannot supply you with the goods or services you have ordered within thirty (30) days after we receive your offer (or by any alternative date we have agreed with you), we shall endeavour to inform you accordingly and you shall have the option of either:-
- accepting a later delivery date which we propose to you; or
- cancelling your contract with us (or, as appropriate, cancelling your offer) and accepting a refund of any prepayments which you have made.
If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within fifteen (15) days (excluding weekends and public holidays in Scotland) after the expected delivery date our contract with you shall be treated as cancelled in full.
failure to accept goods
If delivery of goods ordered by you is not accepted within two weeks of our first attempt to deliver the goods to any specified address, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.
All payments must be made in US dollars or UK pounds Sterling (and we reserve the right to make any refunds in US dollars or UK pounds Sterling.) Our receipt of cleared funds sent by you does not constitute our acceptance of your order.
Payment for goods or services ordered is processed using the services of WorldPay. Payment may be made by any of the methods below and will be debited when we accept your offer, or when we deliver the goods or perform the services ordered by you, whichever is earlier:-
- Switch / Maestro
- Electronic bank transfer (BACS) on receipt of an invoice provided by Marlins
We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
All prices on this website are quoted in US dollars. Out prices to not include Value Added Tax.
In addition to the price of goods, delivery charges may be payable by you. The delivery charge, where applicable, will be quoted by Marlins taking account of the weight and destination for delivery. Should you have any queries, please do not hesitate to contact us.
errors made by us
While we try to ensure that the descriptions, prices and delivery charges displayed on our website are correct, errors may occur. If, prior to delivery to you, we discover an error in relation to goods or services you have ordered, we will inform you as soon as possible and you will then have the option of either:-
- confirming your offer to purchase subject to the corrected description, price or delivery charge; or
- cancelling your offer to purchase and receiving a full refund of any prepayments.
If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within seven (7) days after the expected delivery date our contract with you shall be treated as cancelled in full.
errors made by you
Information that you provide to us by using this website must be accurate and complete. Errors in your offer should be corrected prior to the conclusion of our contract. You can correct such error prior to submitting your offer to us by re-entering the relevant information in our online order form, using the ‘BACK’ button where required.
our right to cancel
The sale and supply of goods and services are always subject to availability of stock, and receipt of your payment in cash or in cleared funds, so:-
- In the event that we are reasonably unable to supply the goods or services which you have ordered due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.
- In the event that your payment does not clear, is not authorised or is not received by us within seven (7) days after we received your order, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.
If your order is cancelled by us, we will refund to you any monies paid within thirty (30) days of notice of cancellation being given.
rejecting defective goods
If you wish to reject goods we have provided because you believe them to be faulty, not in accordance with specification, or damaged on delivery, you must inform us within 30 days and you must make the rejected goods available for collection by our courier at our request.
Where we have provided goods which were faulty, not in accordance with specification, or damaged on delivery, we are usually able to offer a repair (where reasonably possible), replacement or a refund.
If you reject goods which are in every respect what you ordered (being in accordance with specification, and not damaged on delivery) and you are not otherwise entitled to cancel your contract with us, we reserve the right to charge you the direct cost to us of collecting, testing, storing and redelivering the rejected goods.
duty to take care of goods
You are under a duty to take reasonable care of goods you are rejecting, irrespective of whether they are faulty, not in accordance with specification, or were damaged on delivery. You will be liable for any loss of damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:-
- prior to being returned to us, the goods are carefully, safely and securely stored;
- at the time they are made available for collection, the goods are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes).
your and our liability
Nothing in these Terms and Conditions of Sale is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.
You and we shall only be liable to each other under these Terms and Conditions of Sale for losses which are a reasonably foreseeable consequence of the relevant breach of contract. Neither you nor we shall be liable to each other under these Terms and Conditions of Sale for any other loss or damage, subject to the paragraph above.
circumstances beyond our control
We shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control.
no implied terms
All warranties relating to goods or services ordered via our website which are not expressly stated in these Terms and Conditions of Sale are hereby excluded to the fullest extent permitted by law.
We do not accept liability for the fitness of our goods for your purposes and we exclude (to the fullest extent permitted by law) those warranties and other implied terms relating to fitness for a particular purpose.
limitation on claim amounts
Our total liability to you, in respect of any claim by you arising out of or in connection with the provision of (or the failure to provide) goods or services, shall be limited to the sum paid by you to us for the goods or services which are the subject of the claim, save to the extent to which this provision would exclude or limit our liability for death or personal injury caused by an act or omission of ours.
liability passed from us (and others) to you
You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, our agents, suppliers, customers, officers, or employees, and arising as a result of breach by you of these Terms and Conditions of Sale.
The headings are for convenience only and shall not affect the construction or interpretation of these Terms and Conditions of Sale.
In these Terms and Conditions of Sale, unless the context otherwise requires:-
- the singular shall include the plural and vice versa;
- references to persons shall include bodies corporate, unincorporated associations and partnerships; and
- words importing the whole shall be treated as including a reference to any part thereof.
Any waiver by either you or us of a breach of any provision of these Terms and Conditions of Sale shall not be considered as a waiver of any subsequent breach of the same or any other provision of these Terms and Conditions of Sale.
our relationship with you
You and we are, with respect to one another, independent parties. Nothing in these Website Terms and Conditions of Sale is intended to nor shall create any partnership, joint venture or agency.
transfer of rights / obligations
We shall be entitled to transfer, sub-licence and/or assign any of our rights and/or obligations under these Terms and Conditions of Sale. This will not affect your rights under these Terms and Conditions of Sale.
You may not transfer, sub-licence or assign any of your rights or obligations under these Terms and Conditions of Sale without our written consent.
Every provision of these Terms and Conditions of Sale shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances.
law & jurisdiction
These Terms and Conditions of Sale shall be governed by and construed in accordance with Scots law and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
You are solely responsible for compliance with any applicable laws of the country from which you access our website.
queries, comments and complaints
If there is anything in these terms and conditions which you do not understand or you have any other queries, comments or have a complaint, please contact us. Our contact details are as follows:-
Postal / business address:
1st Floor, Skypark, 8 Elliot Place, Glasgow G3 8EP, UK
+44(0) 141 305 1370
+44(0) 141 305 1371
We, Seatec UK Limited, are a company incorporated in Scotland with registered number SC106026 and having our registered office at 1st Floor Skypark, 8 Elliot Place, Glasgow, G3 8EP.
For further information about us, please see http://www.marlins.co.uk/about.htm.
We recommend that you print out a copy of these terms and conditions for your future reference.