Terms & Conditions
Any questions or complaints regarding our service or terms and conditions, please contact us at: [email protected] or on 0203 745 5023
1. INFORMATION ABOUT US
1.1 This site is owned and operated by Mallow and Marsh Limited. Trading is carried out under the registered company name of Mallow and Marsh Limited. Registered Office: Lawrence End, Peters Green, Luton, LU2 8PF. Registered in England and Wales. Company Registration Number: 8530665. VAT number: 164 9866 55
1.2 All rights, including copyright are owned by and licensed to Mallow and Marsh Limited.
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products (“Products”) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 Mallow and Marsh Limited is entitled to withdraw from any Contract in the case of obvious errors or inaccuracies or for unavailability. Mallow and Marsh Limited reserves the right to place restrictions on the volume of Products ordered.
4. OUR STATUS
4.1 Please note that, we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 business days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1 The Products will be your responsibility from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PURCHASE OF PRODUCTS & CANCELLATION RIGHTS
7.1 Prices and Delivery Charges are displayed and accepted in British Pounds Sterling (£ GBP) only. Product and Delivery Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.2 Prices are inclusive of VAT at the standard rate. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. Postage and packaging will be added to all orders at checkout.
7.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
7.4 Products are subject to availability. As there is a delay between the order being placed and when the order is accepted, the stock position relating to particular Product may change. If an Product you have ordered becomes out of stock before we accept the order, we shall notify you as soon as possible and you will not be charged for the out of stock Products.
8. PROCESS OF PAYMENT
8.1 Payment for a Mallow and Marsh Limited Product is made through Cardsave, a registered and secure electronic payment system.
8.2 All payments are subject to validation by the card issuer. Mallow and Marsh Limited does not accept responsibility for the refusal of a card payment and will not be held liable for any delay or non-delivery that results from this.
8.3 Mallow and Marsh Limited does not store any of your card details.
9.1 Stated sizes are accurate within reason. Variations may occur due to the handmade nature of the Product. Colours may vary from illustrations due to variations in computer monitors.
9.2 We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.
10.1. Subject to clause 1.2 below Products, which are in stock, will be despatched within 5 business days, unless otherwise agreed in writing.
10.2. Made to order Products require longer preparation. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, if no delivery date is specified, then within 45 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
11.1. Products are normally shipped in the UK using Royal Mail First Class Delivery. For other destinations, Products cannot be purchased online. Please contact Customer Services on 02037455023 or at [email protected] for more information and international delivery options.
11.2. Delivery costs vary depending on the value and weight of the package according to the Royal Mail guidelines.
11.3. When Products are delivered outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Mallow and Marsh Limited have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.4. Mallow and Marsh Limited does not accept responsibility for Products delayed in transit due to a third party.
12. EXCHANGES AND RETURNS
12.1. Mallow and Marsh Limited are not required to offer money back guarantee’s on purchases as food is exempt from this.
12.2. Should the Product you have purchased need to be returned due to a fault or an error of Product, please contact Mallow & Marsh Limited directly for a Return Reference Number. Upon receiving a return reference number, please package the Product securely with padding and return to the address below by a registered form of post. You will also need to include a copy of your receipt, which you will receive by email upon the acceptance of you order. Mallow and Marsh Ltd, Floor 4, Farringdon House, 105 – 107 Farringdon Road, London, EC1R 3BU
12.3. Should the Product you have purchased need to be returned due to a fault or an error of Product, Mallow & Marsh Limited will refund the full cost including any delivery charges. This return of delivery charge will not apply if there is not a fault or error made.
12.4. You are responsible for the safe carriage of Products to Mallow and Marsh Limited. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the Products. We cannot be held responsible for returns that are lost in transit. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
12.5. Refund payments will be made within 30 business days of receipt of the returned product. Refunds will only be made to the original card the Products were purchased with. This is to protect our customers from card fraud.
12.6. Your statutory rights are not affected by the Mallow and Marsh Limited return policy.
12.7. In the event that your refund is rejected Mallow and Marsh Limited may have the ability to offer an exchange or credit note.
13. SAFETY OF PRODUCTS
13.1 Mallow and Marsh Limited makes every effort to ensure that its Products are safe. Should you experience any problems, please do not hesitate to email [email protected]
14.1 Mallow and Marsh Limited retains copyright of all designs, photography, text and other content on this website All such rights are reserved. No responsibility can be taken for content on external websites which this site may link to or for any loss or damage that may arise from your use of them.
14.2 Any use of the site or its content, including copying or storing any part other than for your own personal, non-commercial use, is prohibited without the permission of Mallow and Marsh Limited. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Mallow and Marsh Limited’s status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. RELIANCE ON INFORMATION POSTED
15.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
16. OUR SITE CHANGES REGULARLY
16.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
17. OUR LIABILITY
17.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
17.2 All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
17.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the supply of goods from Mallow and Marsh Limited, the use our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
17.4 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
17.5 Mallow and Marsh Limited’s total liability to you in respect of all other losses arising under or in connection with any Contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Product ordered under that Contract.
18. WRITTEN COMMUNICATIONS
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.1 All notices given by you to us must be given in writing to Mallow & Marsh Limited at Floor 4, Farringdon House, 105 – 107 Farringdon Road, London, EC1R 3BU OR at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 18 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
22.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
22.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 19 above.
23.1 If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
24. ENTIRE AGREEMENT
24.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and conditions from time to time.
25.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
26. LAW AND JURISDICTION
26.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
27. DATA PROTECTION
27.2 Personal details you provide when placing an order will only be held by Mallow and Marsh Limited for the purpose of completing your order and to inform you of Mallow and Marsh Limited exhibitions, events and promotions. Information will not be shared with any other party except for the purposes of informing you of such events. You can unsubscribe to this service at any time by emailing [email protected] with ‘unsubscribe’ in the subject line.
27.3 Financial data will be encrypted by up-to-date encryption technology that will be sent directly to the payment service provider where it will be processed securely. For your own protection you must not divulge credit card information via email.
28.1 To resolve any disputes please contact Harriot Pleydell-Bouverie on [email protected], placing disputes in the subject box.
29. GOVERNING LAW
29.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
30. THIRD PARTY RIGHTS
30.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
31. YOUR CONCERNS
31.1 At Mallow and Marsh Limited, we strive to offer an excellent level of customer service. We maintain a high level of care and attention as expected by law. Should you have any issues with our goods, services, prices or any other matter, please contact us by email to [email protected]
Thank you for visiting our site.