Terms and Conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, please read these terms and conditions. By accessing this website and placing an order you agree to be bound by the terms and conditions below. If you are not sure about anything, please phone us on +44 (0) 1634 718871.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Marina Mill Ltd., a company registered in England and Wales under number 2579849 whose registered office is at Unit B1/B2 Cuxton Marina, Station Road, Cuxton, Kent, ME2 1AB, UK with email address info@extex.co.uk; telephone number +44 (0)1634 718871 (the Supplier or us or we).
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
Interpretation
3. Customer means an individual using the website who places an order for goods.
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods.
5. Delivery Location means the Customer's premises or other location where the Goods are to be supplied, as set out in the Order.
6. Goods means any goods that we supply to you, of the number and description as set out in the Order.
7. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.
Registration
8. You warrant that:
a. The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b. You will notify us immediately of any changes to the Personal Information by contacting us by email.
Goods
9. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
10. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
11. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
12. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay. Non-acceptance of an order may be a result of one of the following:
a. The product you ordered being unavailable from stock.
b. Our inability to obtain authorization for your payment.
c. The identification of a pricing or product description error.
d. You not meeting the eligibility to order criteria set out in the main Terms and Conditions.
13. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.
14. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
15. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price and Payment
16. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
17. Prices and charges include VAT at the rate applicable at the time of the Order.
18. Payment for Goods must be made at least 2 days in advance of delivery. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
19. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Delivery
20. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
21. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
22. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
23. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
24. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
25. Where delivery is made to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands you may need to pay import duties or other taxes.
26. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
27. If you or your nominee fails, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
28. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
29. Risk of damage to or loss of, the Goods will pass to you when the Goods are delivered to you.
30. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
31. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
32. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 7 days after you receive the goods, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your expense. The fabric must not be cut. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
Conformity
33. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
34. Upon delivery, the Goods will:
a. be of satisfactory quality
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
35. It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
36. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel above.
Excluding liability
37. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession.
Governing law, jurisdiction and complaints
38. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
39. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
40. We try to avoid any dispute, so we deal with complaints as follows: Claims for apparent defects must be notified to us directly within 7 days of receipt of the goods. We will only consider the claim if goods have not been cut or altered in any way. Subject to the above provisions, should the returned fabrics prove to have manufacturing defects then a suitable solution will be reached as quickly as possible.
41. We reserve the right to:
a. modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
b. change the Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.