TERMS OF USE

The terms set out below (Terms) tells You the basis on which You may make use of the MasWorth platform, MasWorth.co.uk (the Site) to browse the Site and/or buy any of the Items (Items) listed on the Site.

MasWorth Ltd. trading as MasWorth (MasWorth) operates the MasWorth website. MasWorth Ltd. is a company registered in England and Wales under company number 11806471 and with its registered office at 7 Long Meadowgate, Leeds, West Yorkshire, United Kingdom, LS25 2BX. To contact us, please see our Contact MasWorth [LINK HERE]  page.

A Contract will comprise of these Terms (and any other documents referred to therein), and the information on the MasWorth Online Shop.

The Terms (and the documents referred to in them) may be updated from time to time as set out in clause 8. Every time You wish to order Items, please check these Terms to ensure You understand the terms which will apply at that time.

These Terms were created in July 2020. They will be revised on a regular basis to ensure relevance and compliance.

 

CUSTOMER TERMS

 

  1. Sale Items

1.1. The images of the Items on the Site are for illustrative purposes only. Although, We have made every effort to display the colours accurately, We cannot guarantee that Your computer’s display of the colours accurately reflects the colour of the Items. Your Items may vary slightly from those images.

1.2. Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site may have a small disparity.

1.3. The packaging of the Items may vary from that shown on images on the Site.

1.4. All Items shown on the Site are subject to availability. We will inform You by email as soon as possible if the Item You have ordered is not available and We will process a refund of the full amount to Your payment card as soon as possible.

  1. Use Of The Site

2.1. Your use of the Site is governed by this clause 2.

2.2. In particular, You agree:

2.2.1 to post or publish feedback on Items which is honest, fair and factual; and

2.2.2. to refrain from posting or publishing any content or materials which are libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way.

2.3. Due to the volume of Items on the Site We are unable to review all comments given in the feedback sections. Therefore, We ask You to let Us know of any defamatory, illegal or offensive posts immediately by contacting Us via email at  info@masworth.co.uk .We will then review these and take the appropriate action.

2.4. You acknowledge and accept that Your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in Your access to the Site being blocked.

  1. Personal Information

Your personal information will be used in accordance with the MasWorth Privacy Policy. [LINK IT HERE]. Please take the time to read this document, as it includes important terms which apply to You.

  1. If You Are A Consumer

4.1. As a consumer, You may only purchase Items from the Site if You are at least 18 years old.

4.2. You acknowledge and accept that We may perform proof of age checks when You make an order for an Item. Please note that in proceeding to order an Item through the Site, You consent to these checks being carried out. If You do not consent to these checks being carried out, You should not order Items through the Site.

4.3. As a consumer, You have legal rights in relation to Items that are faulty or not as described. Advice about Your legal rights is available from Your local consumer rights authorities. Nothing in these Terms will affect these legal rights.

  1. If You Are A Business Customer

5.1 If You are not a consumer, You confirm that You have authority to bind any business on whose behalf You use the Site to purchase Items.

5.2. These Terms and any document expressly referred to in them constitute the entire agreement between You and us. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or any document expressly referred to in them.

  1. How The Contract Is Formed Between You And Us

6.1. For the steps that you need to take in order to place an order on the Site, please see [INSERT LINK]

6.2. Our order process allows You to check and amend any errors before submitting Your order. Please take the time to read and check Your order at each page of the order process.

6.3. After You place an order, You will receive an email from Us acknowledging that We have received Your order (“Order Confirmation”). However, please note that this does not mean that Your order has been accepted. Our acceptance of Your order will take place as described in clause 6.5. Without affecting Your rights to return the Item(s) set out in these Terms, You can cancel Your order for an Item at no cost to You at any time before We dispatch the Item(s) to You.

6.4. Without affecting Your rights to return the Item(s) set out in these Terms, You can cancel Your order for an Item within 30 (thirty) minutes of placing the order. Thereafter, a Cancellation request will be sent to our team for review. The Cancellation is at the Our discretion – there is no guarantee that Your order will be cancelled.

6.5. The Contract between Us will only be formed when We dispatch Your Item(s) to You.

6.6. If We are unable to supply You with an Item (for example because that Item is not in stock, no longer available or because of an error in the price on the Site as referred to in clause 11.5), We will inform You of this by email and We will process a refund of the full amount to Your payment method as soon as practicably possible.

  1. Amendments

7.1. These Terms may be updated from time to time in the following circumstances:

7.1.1. changes in how We accept payment from You; and

7.1.2. changes in relevant laws and regulatory requirements.

7.2. Every time You order Items from us, the Terms in force at that time will apply to the Contract between You and us.

7.3. When We revise these Terms in accordance with this clause 7, We will keep You informed and give You notice of this by stating on the Site that these Terms have been amended.

  1. Your Consumer Right Of Return And Refund

This clause 8 only applies if You are a consumer.

8.1. As a consumer, You have legal rights in relation to Items that are faulty, of poor quality or not as described under the Consumer Rights Act 2015. As such, Item(s) must be:

8.1.1. Of satisfactory quality –  not faulty or damaged;

8.1.2. Fit for purpose – the Item(s) should be suited to the purpose they are supplied for;

8.1.3. As described – the Item(s) must match the given description.

8.2. You have a legal right to cancel a Contract under the Consumer Contracts Regulations during the period set out below in clause 9.4. This means that during the relevant period if You change Your mind or for any other reason, You decide You do not want to keep an Item, You can notify Us of Your decision to cancel the Contract and receive a refund. Advice about Your legal right to cancel the Contract under these regulations is available from Your local consumer rights authorities.

8.3. However, this cancellation right does not apply in the case of:

8.3.1. any Items made to Your specification, clearly personalised, or commissioned in any way;

8.3.2. perishable goods, including but not limited to food, drink or fresh flowers;

8.4. Your legal right to cancel a Contract starts from the date on which We dispatch the Item(s) to You, which is when the Contract between Us is formed. If the Items have already been delivered to You, You have a period of 14 (fourteen) days in which You may cancel, starting from the day after the day You receive the Item(s).

8.5. To cancel a Contract, please log in to Your customer account (“Customer Account”) here: [LINK HERE] to find the order from the list of recent orders, locate the specific Item(s) and select the cancel option to begin the process. Your cancellation is effective from the date You submitted the cancellation through the system on the Site.

8.6. You will receive a refund of the price of you order except from any applicable delivery charges applied after the dispatch of the products. We will process the refund due to You as soon as possible and, in any case, within 30 calendar days of the day on which You gave Us notice of cancellation as described in clause 8.4 provided that We receive the returned Item(s) in the condition You received them in. If You returned the Items to Us because they were faulty please see clause 8.7.

8.7. If You have returned the Items to Us under this clause 8 because they are faulty, we will refund the price of a defective Item, including the shipping cost paid by the customer for the delivery of the product.

8.8. We  will refund You via the payment method used by You to pay within 30 (thirty) days of You requesting the refund through the online system, provided that You are due to return the Item(s) to us, You have done so within 30 days of Us requesting that You do so.

8.9. If the Items were delivered to You:

8.9.1. You must return the Items to Us as soon as reasonably practicable.

8.9.2. You will be responsible for the cost of returning the Items.

8.9.3. You have a legal obligation to keep the Items in Your possession and to take reasonable care of the Items while they are in Your possession.

8.10. Details of Your legal right to cancel and an explanation of how to exercise it are set out in clauses 8.1 and 8.4.

8.11. As a consumer, You will always have legal rights in relation to Items that are faulty or not as described. These legal rights are not affected by the returns policy in clause 9 or these Terms. Advice about Your legal rights is available from your local consumer protection authorities.

  1. Delivery

9.1. Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event of Force Majeure. If We are unable to meet the estimated delivery date because of an Event of Force Majeure, We may contact You with a revised estimated delivery date.

9.2. Delivery will be completed when We deliver the Items to the address You gave us.

9.3. The Items will be Your responsibility from the completion of delivery.

9.4. You own the Items once We have received payment in full, including all applicable delivery charges.

9.5 MasWorth uses third party fulfillment centres and drop-shipping services to fulfill Your orders. As much as we would try to resolve any issues and notify You of any delays, MasWorth cannot be held responsible for any delay or interruption in their services.

  1. International Delivery

10.1. At the moment, MasWorth offers delivery only to the United Kingdom. When We start offering international delivery we will amend these Terms of Use and we will notify You.

  1. Prices And Delivery Charges

11.1. The prices of the Items will be as quoted on the Site. We will take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information was entered onto the system. However, if We discover an error in the price of Item(s) You ordered, please see clause 11.5 for what happens in this event.

11.2. Prices of Items may change from time to time, but changes will not affect any order which We have confirmed with an Order Confirmation.

11.3. The price of an Item includes VAT (where relevant) at the applicable current rate chargeable in the respective country for the time being.

11.4. The price of an Item does not include delivery charges. The delivery charges are as quoted on the Site. To check current delivery charges, please refer to the relevant Item You are ordering.

11.5. It is always possible that, despite our reasonable efforts, some of the Items on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

11.5.1. where the Item’s correct price is less than the price stated on the Site, We will issue You with a refund for the difference between the price You paid and the actual price of the Item. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mispricing, We don’t have to provide the Items to You at the incorrect (lower) price; and

11.5.2. If the Item’s correct price is higher than the price stated on the Site, We will contact You by email as soon as possible to inform You of this error. We will then give You the option of cancelling Your order and continuing to purchase the Item at the correct price or not proceeding with the order and terminating the purchase process. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process within 14 days, We will treat the order as cancelled and notify You in writing.

  1. How To Pay

12.1. You can only pay for Items using the Stripe/Paypal platform and with any major debit or credit card through MasWorth’s online payment processing system. We accept the following cards: Discover, Visa/Visa Debit/Visa Electron, Mastercard, Maestro, and American Express (AMEX). Please make yourself familiar with their Terms and Conditions here: [LINK TO TERMS]

12.2. Payment for the Items and all applicable delivery charges is in advance. After the payment is approved, We will dispatch Your Items using the shipping method You selected on purchase.

12.3 We cannot be held responsible for any breaches of data or breakdowns in the payment systems of our payment service providers. If you have any complaint as to the performance of these services, feel free to raise your concerns directly to them.

  1. Manufacturer Guarantees

13.1. Some of the Items We sell to You come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Items.

13.2. If You are a consumer, a manufacturer’s guarantee is in addition to Your legal rights in relation to Items that are faulty or not as described. Advice about Your legal rights is available from your local consumer protection authorities.

  1. Our Liability

14.1. Where the Items are supplied for use by Your business, You agree not to use the Item for any resale purposes.

14.2. Nothing in these Terms limit or exclude our liability for:

14.2.1. death or personal injury caused by our negligence;

14.2.2. fraud or fraudulent misrepresentation;

14.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

14.2.4. breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

14.2.5. defective Items under the Consumer Protection Act 2015.

14.3. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time We entered into the Contract. Subject to clause 14.2, We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4. Subject to clause 14.2, our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Items.

15.5. Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Items. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Items are suitable for Your purposes.

  1. Discount Codes

15.1. Discount Codes are available from time to time to use on Items purchased from the Site. If a Discount Code becomes available MasWorth will notify You and provide additional information on how to use them.

  1. Force Majeure

16.1. 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 an Event of Force Majeure. An Event of Force Majeure is defined below in clause 16.2.

16.2. An Event of Force Majeure means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3. If an Event of Force Majeure takes place that affects the performance of our obligations under a Contract:

16.3.1. We will contact You as soon as reasonably possible to notify You; and

16.3.2. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event of Force Majeure. Where the Event of Force Majeure  affects our delivery of Items to You, We will arrange a new delivery date with You after the Event of Force Majeure  is over.

  1. Communications

17.1. When We refer, in these Terms, to “in writing”, this will include email.

17.2. If You are a consumer:

17.2.1. To cancel a Contract or delete Your Account in accordance with Your legal right to do so as set out in clause 8, You must contact Us in writing by submitting a notification through Your Customer Account. You may wish to keep a copy of the cancellation notification which You submit for Your own records. Your cancellation is effective from the date You submitted the cancellation through the system on the Site. If You wish to contact Us in writing for any other reason, such as giving feedback or making a complaint, You can send this to Us by prepaid post to MasWorth Ltd. (7 Long Meadowgate, Leeds, West Yorkshire, United Kingdom, LS25 2BX) or to our email address info@masworth.co.uk .

 

17.3. If We have to contact You or give You notice in writing, We will do so by email.

17.4. If You are a business, please note that any notice given by You to us, or by Us to You, will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  1. Intellectual Property

18.1 The copyright, design rights and all other intellectual property rights in the Site (including those in any materials and other documents or items that We prepare or produce in connection with the Site) will belong to Us absolutely.

18.2. You may not use the materials, documents or other items detailed in clause 12.1 above without MasWorth’s prior written consent.

18.3. You acknowledge and accept that the copyright, design rights and all other intellectual property rights in a listing will belong to Us absolutely or have been licensed to us.

18.4. We hereby grant You a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and licence to use, each Listing for the sole purpose of advertising the Item(s) which You sell through the Site.

  1. Additional Provisions

19.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect Your rights or our obligations under these Terms. We will always notify You by posting on this webpage if this happens.

19.2. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.

19.3. The Contract is between You and Us and subject to clause 18.4 – no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

19.4. MasWorth shall be entitled to enforce the Contract and Terms under the Contracts (Rights of Third Parties) Act 1999.

19.5. Each Clause in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

19.6. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

19.7. If You are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Items through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction.

19.8. If You are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19.9. MasWorth.co.uk shall refer to any domain owned by MasWorth.

19.10 We will not file a copy of the Contract between us.