Disclaimer
merchndice.com offer terms and conditions that you can use on your merchndice.com Standard e- commerce shop, however merchndice.com do not undertake that these terms and conditions will be suitable for your particular product range and therefore recommend that you seek professional advice prior to going on line with your shop.
Definitions
“Buyer” means the person who buys or agrees to buy the goods and services from the seller.
“Conditions” means the terms and conditions of sale set out in this document.
“Delivery Date” means the date specified by the seller when the goods are to be delivered.
“Goods” means the articles that the buyer agrees to buy from the seller.
“Services” means the services that the buyer agrees to buy from the seller.
“Price” means the price for the goods and services including shipping and taxes.
“Seller” means (Insert your shop name).
Conditions Applicable
These conditions shall apply to all contracts for the sale of goods and services by the seller to the buyer to the exclusion of all terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for goods and services shall be deemed to be an offer by the buyer to purchase pursuant to these conditions.
Acceptance of delivery of goods and services shall be deemed conclusive evidence of the buyer’s acceptance of these conditions.
The Price and Payment
The price shall be the seller’s quoted price inclusive of taxes. The taxes are those that are payable on the date payment for the buyer’s order is processed. Cost for shipping will form a separate additional part of the price once the shopping bag is completed. The seller reserves the right to amend prices at any time without prior notice. Errors and omissions are excepted.
Goods will only be charged for when available for despatch except in the case of special commision orders, when payment will be taken at the time of order.
Orders
We aim to only feature items that are in stock. Occasionally some items may be Temporary out of stock or sell out due to unprecedented demand. If this is the case we will keep your order and the item will follow once stock becomes available.Where products remain unavailable, those items may be cancelled from that order. We reserve the right to cancel orders for unavailable products. Refunds will be credited to the buyer’s credit/debit card.
Returns Policy
We hope you are satisfied with your purchase. In the event that you are unhappy with any of the products, please return them to:
Returns section, (Insert address)
Along with your order number, name, address and telephone number and reason for return (Wrong size, unsuitable, damaged, faulty) and what action would you like us to take (replace, replace with different size, refund)
Products must be returned within 7 days of receipt.
It is advisable to return products by registered post or recorded delivery as the seller cannot accept any responsibility for items lost in the post. Postal charges are the responsibility of the buyer unless items returned are deemed faulty. In this case the shipping costs as shown on the buyers order will be refunded to the buyer’s credit/debit card. The seller reserves the right to refuse exchange or refund if the products have been worn, tampered with or damaged.
Returns for exchange or credit are not accepted for products that have been specially produced to a buyer’s own design unless such product has a manufacturers fault in it or unless it is damaged on receipt.
Delivery of Products
Please allow up to (Insert Days) working days for delivery if your item is in stock.
For overseas deliveries please allow up to (Insert Days) working days for delivery.
Delivery of products shall be made to the delivery address as given by the buyer. The buyer shall make all arrangements necessary to take delivery of the products whenever they are tendered for delivery.
No refund in full or part shall be offered as a result of late delivery by the carrier.
Acceptance of Products
The buyer shall be deemed to have accepted the products 24 hours after delivery.
The buyer shall advise by e-mail within 2 days of receipt of the products any discrepancies in specification from the products ordered, after which it shall be deemed acceptance of the products as the specification supplied. After this period, the buyer shall not be entitled to reject the products that are not in accordance with the order.
The seller will not consider any claims for shortage of delivery or damage in transit unless written notice is e-mailed to the seller within (Insert Days) days of the receipt of products. In this condition time shall be deemed to be of the essence.
Title and risk
The products shall be at the Buyer’s risk as from delivery.
In spite of delivery having been made, property in the products shall not pass from the seller until the buyer shall have paid the price together with the charge for shipping in full and that no other sums shall be due whatsoever from the buyer to the seller.
Validity of Branding
The Buyer undertakes all legal responsibility as to the validity of the branding submitted for application onto any of the products supplied by the seller, including where the branding is the copyright of a third party. The seller retains the right to refuse to sell to the buyer if there is any doubt over the buyers right to use the brand or to ask the buyer for proof of such rights being granted to the buyer.
Validity of Products
The Seller undertakes all legal responsibility as to the validity of the product sold by the seller.
Force Majeure
The seller shall not be liable in any respect whatsoever for delay in the performance of, or the failure to perform, any obligation pursuant to any order or contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or contract for 30 days or more, the seller shall be entitled by written notice to cancel or terminate such order or contract or its outstanding obligations here under.
Remedies of Buyer
Where the buyer rejects any products then the buyer shall have no further rights whatever in respect of the supply to the buyer of such products or the failure by the seller to supply products that confirm to the order or contract. Where the buyer accepts or has been deemed to have accepted any products then the seller shall have no liability whatever to the buyer in respect of these products
The seller shall not be liable to the buyer for late delivery of the products.
Data Protection
In compliance with the data protection Act 1998, personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
We will use your details for fraud prevention purposes. We will check your details with fraud prevention agencies and if you give us false or inaccurate information and we suspect fraud, we will record this.
Proper Law of Contract
This contract is subject to the law of England and Wales