Conditions of Use

1. General

(a) In order for us to accept any order you must read and accept the following Terms and Conditions of sale during your order.

(b) We reserve the right to change these terms and condition at any time. Any such effect when posted on the website. It is your responsibility to read the terms and conditions on each occasion you use this website and you continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

(c) We reserve the right to modify or withdraw this website at any time without notice.

(d) By using this website you confirm that you are doing so in the course of business and not as a consumer and have authority to bind any business on whose behalf you use this website.

(e) We recommend that you always read the full product listings, on occasion; this may contain additional information as to the grade of the product. Also to read the disclaimer below each listing-
THE TOTALS SHOWN ON LISTING ARE TO BE USED AS A GUIDE ONLY WHILST EVERY EFFORT IS MADE THAT ALL LISTINGS ARE ACCURATE ANY DIFFERENCE IN PRICE OR QUANTITY CANNOT BE RECTIFIED. ALL GOODS NON RETURNABLE.

(f) SOURCE COMPANY: A source company is designated as the company originally retailing stock to the general public.

(g) Important please be aware that delivery will only be made to the card holders registered address.

(h) There is no contract until the goods are despatched from Marthill International Ltd. We have the right to refuse any order at anytime. If we refuse an order we will issue a refund within 48hours


2. Marthill International Products

(a) End Of Catalogue/ Clearance StockThis is surplus end of range stock, which is believed to be in good condition. It may suffer from soiled or damaged packaging and normal manufacturing defects.

(b) Untested Customer Returned Stock
This comprises of merchandise returned to the SOURCE COMPANY* as being faulty or defective in some way which for any reason cannot be returned to the original manufacturer.

(c) Also merchandise which has suffered from accidental damage within the SOURCE COMPANY’S distribution system, the merchandise may be damaged or it may simply be packaging damage. Part or incomplete items include multipart merchandise where one or more components are missing.

(d) In general this category will include both damaged and perfect stock, no guarantee as to the breakdown of damage and perfect stock whether expressed or implied by law will attach to any such sale.

(e) Marthill Int Ltd gives no warranty or representation of any kind, either express or implied, as to the quality, condition or fitness for purpose of the merchandise.

(f) No statement made by any person as to the quality or condition of any merchandise on offer is to be relied upon for the purpose of making an offer to purchase.

(g) Untested returned stock comprises of mixed products that are deemed unfit for resale these will include-
- Mostly returns from customers as ‘faulty’ although no testing at store or warehouse has taken place. This product may be missing some accessories. Model changes could have occurred which may mean you receive a similar or same specification item. Packaging may be missing.
-Returns from customers under catalogue’s 30 day money back guarantee policy that are technically ok but the packaging is damaged.
- Products damaged in the source companies distribution or store processes. Products which can not be resold following return either because they are personal care items such as shavers or digital storage devices. e.g Digital cameras or mp3 players.


3. Resale Of products/Intellectual Property

(a) The name of any source company or of any associated firm or company will not be used in connection with the resale of merchandise.

(b) You are not permitted to use any of Marthill Int Ltd or the source companies pictures or service marks whether registered or unregistered without Marthill Int Ltd prior written consent. You may not frame or utilize framing techniques that include any Marthill Int Ltd proprietary information such as images, text or page layout without Marthill Int Ltd prior written consent.

(c) You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to or to assist a third party to copy, reproduce, transmit, publish, display, distribute or commercially exploit or create derivative work or such material and content.

(d) The purchaser will remove the name of any source company or of any associated firm, company or any trader mark from the merchandise or marked in accordance with Marthill Int Ltd instructions prior to resale. All catalogue numbers or markings must be crossed out with permanent marker or obligated from any and all cartons before re-sale i.e. Any item carrying the source companies name or markings must be crossed out. Marthill Int Ltd International is a trade cash & carry.

(e) On no occasion will any catalogue or other promotional literature belonging to any source company or its associated firms and companies be used in any way whatsoever in connection with the resale of the merchandise.

(f) All the merchandise sold to the purchaser there under is sold without guarantee as to fitness for purpose and on the understanding that the purchase will ensure that the goods are made safe and are serviced before re-sale. No warranty whether expressed or implied by law will attach to any such sale. It is the prerogative of a purchaser to inspect the merchandise offered for sale. Marthill Int Ltd will assume that such an inspection has been made. Arrangement to inspect can be made with appropriate warehouse staff.

(g) The purchaser will indemnify Marthill Int Ltd against any claims whatsoever resulting directly or indirectly from the resale of the merchandise by the purchaser.

(h) All stock is sold ex-warehouse; Marthill Int Ltd Staff will provide assistance to load stock if required. Collections costs and arrangements are the responsibility of the purchaser.

(i) Any customer returning goods to any retail outlet of a source company in order to obtain a full refund will be liable for criminal prosecution by the Source Company.

(j) Safety Tests-Toys must be accompanied by a CE mark and the name and address of the European company responsible for the mark. Toys containing small parts as defined in BS 5665 must carry the statutory warning 'Not suitable for children under 3 years. Plastic bags containing toys must be over 38 microns thick and should carry a child-warning label. Toys should not be sold until the following checks have been carried out:
-Completeness of toy to enable safe assembly including instructions if necessary
 -Ensure that there are no sharp points or edges and that internal components are not exposed other than functional parts.
-Toys using low voltage mains power adapters are checked to British Standard 3456 before resale.
-It is fundamental to the conditions of sale that checks are carried out and that they are satisfactory prior to resale.

(k) Audio
Merchandise is sold on the basis that it is repaired or reconditioned as necessary prior to resale. Safety tests complying with BS415 must be carried out on merchandise and any remedial work completed before it is offered for resale.

(l) Prams, Pushchair's and Nursery Goods
All new and second hand prams / pushchair's and nursery goods must meet BS 7409:1996. Older prams and pushchairs may be marked BS4139 or BS4792. However, even if a pram or pushchair is marked BS7409:1996, it does not mean that it is safe. You are advised to check any prams and pushchairs carefully. Many are subject to very hard wearing which may have caused them to become unsafe. The main areas to check are:
  -sharp edges or points
- No finger traps (check folding mechanism on handles)
- Two separate locking mechanisms to release the chassis will fold
- A 5-point harness which is secure and intact (Some older models have a 3 point Harness)
- An effective brake
- Wheels must be firmly attached and running smoothly
- No small parts or loose fabric that can be detached easily by a child
- Must only be sold if it has proper instructions and warnings
-corrosion
-stability

(m) Children's Car Seats
Should a car seat look second hand or faulty in any way it should be scrapped and NOT sold, you cannot be sure that a second hand car seat has been involved in an accident and been damaged. The seat itself may look perfect but it could fail to protect a second time. The current European standard for car seats is ECE R44.03. No car seat should be sold without the proper fitting instructions.

(n) Payment- The title to each of the items or goods covered by this invoice is not legally transferred until complete payment has been made to Marthill Int Ltd. Payment in full is required to clear before any merchandise can be removed from Marthill Int Ltd Warehouse.

(o) Any electrical item that is non working can not and must not leave the UK for export worldwide. This is a must.

(p) All responsibilities and liabilities lie with the customer to make sure that the electrical items are working before leaving the UK. The customer (buyer) must have done the relevant tests; functionality test, PAT test and any other testing recommended by the Environment agency authority.

(q) Marthill (the seller) will send the return stock to a reputable logistics company (freight company), with reference to make sure the VAT exemption can apply. It is then the responsibility of the buyer (customer) to make sure that all goods before leaving the country agree with paragraph two.

(r) If the buyer (customer) requests the returns to be loaded onto a container for export it is up to the customer to make sure before the goods leave the country comply with paragraph two. Marthill will load the container with a reputable logistics (freight company) to make sure Marthill (seller) are satisfied for VAT exemptions. It is up to the customer to make sure they comply with paragraph two.

(s) With reference to VAT, Marthill (seller) will exempt the VAT if Marthill can send the return goods to a reputable logistics (freight company), that will send the paperwork back to Marthill to confirm that the stock will leave the country.

(t) Marthill is not responsible or liable for any export of electrical items worldwide, as Marthill is not an exporter it is a UK wholesaler selling a variety of stock (not just electrical stock) who is serving the UK retailers.

(u) In any event, if the above terms and conditions are not complied by or met, Marthill have the right to take the customer (the buyer) who has not carried out the terms and conditions to court to be prosecuted and all Marthill’s legal costs will be paid for by the customer.


4.RETURNS

(a) No returns will be accepted and no credit will be allowed for defects or discrepancies in the description or quantity.

(b) This does not affect any statutory rights that you may have to the extent that such rights are not excluded or limited under these terms and conditions.

(c) The goods bought from Marthill Int Ltd are sold as ‘Trade’ and as a customer purchasing from Marthill Int Ltd you are not covered by legislation that protects non trade consumers. Regardless of the classification of the stock on sale, all merchandise sold on this site is sold without any form of warranty or guarantee. As a perspective purchaser you need to consider these facts before buying and reflect this is any purchase you make.

(d) Marthill have the right to dispose of the goods if they have not been collected within seven days of purchase from the date of the invoice.

(e) Under no circumstances should any product purchased though Marthill Int Ltd be returned to a Source Company of the product for a refund or exchange. Any such accordance will be treated as fraud or attempted fraud and the source company will vigorously pursue legal action to the fullest extent permitted by the law in these circumstances.

5.EXPORT

(a) Marthill, the seller will not be responsible for any export orders that Marthill arranges to ship for the consignee, consignee means customer. If the container is stopped by customs any charges will be down to the consignee, exporter, customer.

(b) If the containers is turned back to the UK for any reason by customs the consignee, exporter, customer will be responsible for the charges.

(c) If the legislation changes the consignee, exporter, customer is responsible to let the seller, Marthill know about the legislation changes before shipment by e-mail, so this is recorded. Marthill under no circumstances can take responsibility of legislation changes.

(d) Marthill, the seller will not give refund to the consignee, exporter, customer if the container is taken from customs, if the container is sunk, if the container for any other reason has to be returned to the UK or is taken from any other authority.

(e) Marthill, the seller, freight company meaning the forwarder to ship the container. (f) All Legislation for worldwide export are the responsibilty of the freight forwarder.

(g) It is up to the consignee, exporter, customer to sort out any issues or any legislations or the authorities direct with the freight forwarder once the container has left the seller, Marthill International Ltd’s warehouse in Nottingham.

(h) The freight forwarder takes all responsibility once the container has taken from Marthill International Ltd’s  Warehouse in Nottingham, all liability is with the freight forwarder from their onwards, including any legislation changes, any authorities. Marthill will not except liability for any issue or pay for any charges that are incurred from any authorities including customs or freight cost back to the UK. The freight forwarder is responsible for the freight of the containers taken from Marthill, the seller on behalf of the consignee,exporter, customer. If the container is stopped by customs or any other authority it is the freight forwarder`s responsibility for all cost. Marthill will not pay any cost to a freight forwarder if under any circumstances the container does not reach the final destination. Once the Freight Forwarder picked the container up from Marthill for export the Freight Forwarder has automatically entered into Terms and Conditions of Marthill. It is up to the Freight Forwarder to check the Terms and Conditions that Marthill will ask him to read.

Once we have received the bill from the Freight Forwarder he has automatically entered into the Terms and Conditions of Marthill.
The bills will not be paid to the Freight Forwarder if there has been a dispute by any authority until the matter has resolved including any compensation to the customer, any legal expenses will be deducted from the bills if there is a balance will be paid or if there is a balance outstanding the Freight Forwarder will need to pay this.

If Marthill loose the customer the Freight Forwarder will not get paid for any shipping cost on that container concerned if the container has been stopped by any authority for a legislation the Freight Forwarder should be aware of.

 WARNING: All traders found not complying with any of our terms and conditions and our safety requirements will not be supplied with any stock and may also face legal action.

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