Terms & Conditions
Merchandistore Terms and Conditions of use.
The following are the terms and conditions which govern any contract of sale and purchase of items through The Merchandistore website. Please read them carefully. They do not affect your statutory rights
1. The term ‘our’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is on the contact page of this website and can be found at point 11 of these terms and conditions. The term ‘you’ refers to the user or viewer of our website.
2. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You accept fully and unconditionally that any second hand, used or pre used, retro collectable or item deemed as memorabilia that is considered or described as such, or as pre-used, may or will not be in perfect condition and will contain imperfections, damage, missing parts, materials, paper, or wear including packaging or wear to item/s and as such is not covered by the terms and conditions relating to new, stock or bespoke items and as such it is entirely your responsibility to decide whether a second hand or pre-used item is in such condition prior to purchase that you wish to purchase and retain it. Whilst distance selling regulations apply you must have a genuine reason for return of a second hand or pre used item and be able to prove it is faulty or not as described for us to accept a return and you may be asked prior to sale to sign a disclaimer regarding condition if you have accepted a condition report and the images describing the item.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9. You may not create a link to this website from another website or document without our prior written consent.
10.Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
11. Merchandistore is operated by MPM of 12 Halifax Avenue, Goole, East Yorkshire DN14 6QS ("MPM").
12. A legally binding contract is created between Merchandistore / MPM ("We", "Us") and you (“You”) when we receive your order and payment and we send you a confirmation e-mail to the address you provide to us when placing your order.
13. All orders are subject to acceptance and product / item availability. We will not be held liable for disappointment or other losses suffered due to product / item unavailability.
14. Merchandistore reserve the right to cancel or deny an order or dispatch of an order prior to delivery, for validation reasons that may include and be subject to including misuse of the website, default in payment, supply of false, fraudulent or incorrect details, information and addresses.
15. You must be at least 18 years of age to order goods through Merchandistore.
16. All prices on our website are shown inclusive of VAT but exclusive of packing and delivery charges which will be payable as indicated at the time of placing your order. The total price of all the goods you are purchasing, including packing and delivery charges, will be advised, before your order is confirmed.
17. Whilst every effort is made to ensure the accuracy of the prices maintained on the Merchandistore site we expressly reserve the right to amend the price having regard to any increase in our suppliers' prices, the imposition of new taxes or duties, or if due to an error or omission the price published for the goods on Merchandistore’s site is incorrect. We will notify you of any increase (but not decrease) in the total amount payable by you and give you an opportunity to cancel the order. If the goods have already been delivered you may return the goods at your own risk and cost and receive a full refund for them.
18. Your goods will be delivered in accordance with the preference you state on your order (either as the ordered items become available or all items as one delivery, for which the waiting time can be up to 30 days) to the address you give when placing your order. We will try to deliver (to addresses within the United Kingdom) within 30 days of you placing your order. You accept this timescale cannot always apply subject to items being manufactured as bespoke custom made, special project or personalised items and may take longer, we will endeavour to deliver as soon as we can. Overseas orders are strictly subject to manufacture and dispatch and delivery and timescales for overseas deliveries cannot be guaranteed.
19. If we do not deliver a UK delivery within 30 days we will try to notify you by e-mail of our new expected delivery date, if items are bespoke , custom or personalised orders you accept that an extended period due to bespoke, special project , custom manufacture and decoration may exist in addition to 30 days from point of order. If you do not agree with this you may cancel your order and receive a refund to the value of the goods you have not received. This timescale does not apply to International orders and special , bespoke, personalised or media project orders that may take longer to deliver.
20. Our responsibility for everything other than damage to the goods caused by our negligence ends from the time we first attempt to deliver them to you. We will not be liable for any losses, costs, damages, charges, or expenses caused by any delay or failure of delivery of the goods.
You may elect to obtain a refund if the goods:
i) arrive in a damaged or faulty condition, or
ii) do not comply with the description of the goods you ordered, or
iii) are incomplete in quantity (other than where you elected to receive the ordered items as they become available), or
iv) do not arrive, once all enquiries and searches into missing items have been exhausted and the item cannot be delivered or replaced.
21. You do have the right to cancel the contract and receive a refund even if none of the reasons listed above applies; This does not apply if the goods have been bespoke, custom manufactured for individual projects, special manufacture media projects or orders or personalised to your specification. This also does not apply to pre-sealed items if the seal is broken or packaging or security seal damaged, removed or tampered with.
22. If you notify us for one of the reasons given in clause 20. of these Terms and Conditions our only obligation will be to refund to you the amount paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising in any way and we will have no liability to pay you any money or any alternative by way of compensation other than to refund to you the amount paid for the goods.
23. We shall retain ownership of the goods until we have received payment from you in full. All credit and charge card holders are subject to validation checks and authorisation from the card issuer. If we do not receive authorisation we will not deliver your goods and will not be liable to you for delay or non-delivery or any claim against us in relation to failure of validation.
24. We shall have no liability to you for any failure to deliver the goods you have ordered or any delay in doing so, or for any damage or defect to goods delivered by due to any situation, unforseen event and or circumstances beyond our reasonable control.
25. If we elect not to enforce or to delay enforcement of any part of these Terms and Conditions of Sale it will not affect our right to enforce the rest of these Terms and Conditions.
26. You understand that goods and items you purchase may include and incorporate licensed, trademarked and copyright logos and materials and these are strictly the property and intellectual property of the owners and not for reproduction or retail resale without permission from the owners.
27. It is your responsibility to follow the manufacturers washing and or care instructions and any additional instructions of garments or items. We cannot be held responsible for the outcome of incorrect care or washing of garments or items and any subsequent damage or shrinkage caused by incorrect care or washing.
28. Any international order may be subject to customs duties and or import taxes and these are strictly the responsibility of you the purchaser. Merchandistore are not liable nor shall be held or deemed liable for any import duties or additional taxes or value added tax on overseas dispatch and delivery that may delay delivery. These are strictly the responsibility of you the purchaser.
29. Any special project / media / production and/or is bespoke a project that appears on a secure / encrypted page and is subject to a password or access by use of a password is strictly confidential and for use of the individual only with prior permission to enter the special project page using the password. Distribution or disclosure of the password to a third party is strictly prohibited and we reserve the right to cancel with immediate effect any order from third parties without permission and to take action regarding use and or disclosure of any secure password.
30. The Contract between us shall be the entire Agreement relating to the purchase of goods through Merchandistore and shall be governed by English law and subject to the exclusive jurisdiction of the Courts of England and Wales. If any provision is held to be not legally enforceable it shall not effect the remainder of the Contract.
31. We may change these Terms and Conditions at any time. You are advised to print and keep safe these Terms and Conditions
32. Cancellation Rights
For private consumers (not businesses) the distance buying regulations provide a cooling off period (not a try before you buy period) and a right to cancel your order should you decide not to complete the transaction. The cooling off period begins the day after your goods are received and ends fourteen (14) working days later. The regulations require the customer to contact us in writing to notify us of the intent to cancel/return the goods. We cannot accept returns/cancellations if we have not been notified in writing before this period has lapsed. Email is an acceptable way to notify us and we will confirm that we have received such communication. If an order is cancelled within this cooling off period we would expect the goods to be returned to us before we process any refund. We do not refund carriage costs. We also expect goods to be returned in pristine condition with the original packaging and contents and must not be used in a way that constitutes acceptance by the customer.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Merchandistore at your own cost. The goods must be returned to the address below and you must take reasonable care to ensure the goods are not damaged in the meantime or in transit. This does not apply if the goods have been bespoke or custom manufactured , are bespoke or custom made for individual projects, special manufacture media projects or orders or personalised to your specification.
No liability for any claim for damage or non-functionality shall be accepted unless Merchandistore are notified in writing by the purchaser promptly after delivery. This period may be extended at the sole discretion of Merchandistore where the manufacturers' replacement exceeds this.
No liability for any claim for missing items such as manuals, etc. shall be accepted unless Merchandistore are notified in writing by the purchaser promptly after delivery.
No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note, unless Merchandistore are notified in writing by the purchaser promptly after delivery and the onus is on the purchaser to prove any shortage.
In the case of manufacturers who operate direct product support and return procedures, the purchaser is strongly urged to process their claim directly through the manufacturer as this can considerably expedite their claim.
34. Consequential Loss
Merchandistore is excluded from any liability to the purchaser for; losses that were not foreseeable to both parties when the contract was formed; losses that were not caused by any breach on the part of the supplier; business losses, and/or losses to non-consumers.
35. On-line Purchasers
The purchaser is responsible for deciding on the suitability of the goods offered for any particular use and for the consequences arising from modification of the goods.
Goods are subject to availability; Merchandistore will not be responsible for compensating the purchaser for any other losses, which may be suffered if we cannot supply the goods.
Any dates specified for the delivery of the goods are approximate only and Merchandistore shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods where the delay has been caused by factors beyond the control of Merchandistore.
36. Returned Goods
Merchandistore will not accept stock or blank goods for credit or rectification unless Merchandistore have been notified beforehand by email or telephone within 14 days of you receiving the goods and the goods are then received by Merchandistore in stock condition with original packaging in the next 14 day period you have following the end of the original 14 day period. Merchandistore retain the right at our sole discretion whether to accept the return of the goods, or whether to rectify or replace the goods or whether to issue a credit note or refund in respect thereof. Stock condition would be described as the product being in pristine condition with all seals intact, supplied with all the original accessories and packing and if applicable not registered for warranty with the manufacturer. The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to Merchandistore for service or credit. Goods shall be at the risk of the purchaser until actual receipt of the goods by Merchandistore. The onus of proof of safe delivery shall rest with the purchaser.
All items returned to Merchandistore by pre-arrangement and found to contain no fault will need to be verified as stock condition by Merchandistore. Credits and refunds will generally be processed within 14 days following receipt of a returned item subject to approval of the refund. This does not apply if the goods have been bespoke, custom manufactured for individual projects, special manufacture projects or orders or personalised to your specification.
37. Matters beyond our Reasonable Control
Merchandistore shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
38. Product images featured on the site are for guidance only and are not always an exact match of a product or colour. Availability of a product cannot be guaranteed. We operate from Monday to Friday and orders received for stock items only after 16.30pm should be processed on or within the next two business days this timescale does not include or apply to bespoke manufactured, special project, media or personalised items. Before placing an order, the customer will be requested to accept/decline our terms and conditions. Orders will only be processed if acceptance is indicated and therefore the customer is deemed to have accepted these terms and will abide by them.
The placing of an order represents an offer to purchase the products indicated by the customer and is not binding on us until the order is accepted and despatched by us. If a product shown on the website is unavailable, incorrectly priced or incorrectly described, we shall not be obliged to sell you the product.
An acknowledgement of your order will be sent to you via email when you place you purchase online, but acceptance of your offer to buy the Goods will not take place until payment is taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
Customers have the chance to change and amend any part of their order until they press the 'submit order' button. We will send you an email confirming your order. Should you need to adjust any part of this order, please contact our sales support team by email to firstname.lastname@example.org, or call 01405 780 148. Merchandistore suggest that you print off a hard copy of the order, or save a copy to your hard drive for future reference.
Payment for goods must be received before an order is despatched. Please allow upto ten working days for cheques to clear before goods are sent. We do not recommend sending cash or accept this as a method of payment and cannot be held responsible for any loss during transit.
39. In the unlikely event that an incorrect price is shown on our website, Merchandistore reserve the right to abstain from fulfilling the order at that price. You will of course be notified, at which point you will be informed of the correct price, and be given the choice to proceed with the order. Merchandistore make every effort to get the original details correct, but take into consideration different situations. No contract exists between the customer and Merchandistore for the sale of any goods or services until we have received and accepted your order and we have received payment in full (in cleared funds). Once we do so, there is a binding legal contract between us.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible.
Every effort will be made to deliver standard or stock goods as soon as possible after your order has been accepted. This would be within 30 days. Further delays or longer initial lead times would be communicated either at the time of placing the order or by a secondary communication. You accept this does not apply to bespoke, custom made , customised or personalised goods or special or secure projects as previously mentioned.
Any applicable manufacturers warranty to goods does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, and negligence by you or any third party, use otherwise than as recommended by Merchandistore or the manufacturer, failure to follow the Merchandistore or the manufacturers instructions, failure to follow Merchandistore and or the manufacturers washing , cleaning and care instructions or any alteration or repair carried out without Merchandistore’s approval. Tests may be carried out to confirm care and use instructions have been followed and adhered to.
Merchandistore shall not be liable to any person or company for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. Merchandistore shall not be held nor deemed liable for any consequential losses with regard to use or misuse of any of the materials including images and or wording contained within this site. Merchandistore reserve the right to challenge any claim and in turn counter claim regarding any consequential loss they may suffer in regard to any claim that may be made. Certain links in this site will lead to sites, which are not under the control of Merchandistore. When you activate any of these you will leave the Merchandistore site and Merchandistore has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Merchandistore.
41. Complaint handling procedure
In the unlikely event that you have a reason to make a complaint regarding our service or any of the goods and services supplied to you from our site, please contact us by:
Telephone: 01405 780 148
In writing: Merchandistore 12 Halifax Avenue Goole East Yorkshire DN14 6QS.
42. Missing Items
Customers are expected to report any missing items from their order immediately after delivery. This also has to be verified by Merchandistore and is subject to full investigation of securely packed and visually recorded consignments that have been dispatched. You will be required to sign a legally binding declaration regarding any report of a missing item and this may be used as evidence in a court.
43. You may contact our sales and service dept on +44 (0) 1405 780 148 during office hours, or e-mail us at email@example.com. We shall endeavour to respond to any enquiry you make within five (5) working days of receiving it.