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GENERAL TERMS AND CONDITIONS FOR USE
The terms and conditions listed here for Blue Marmalade apply to the use of this website and by browsing this website and/or placing an order you agree to be bound by them.
If you have any questions relating to these terms and conditions, then please contact us.
"Conditions" refer to the terms and conditions as set out below including the Special Conditions;
"Product" means any item displayed for sale on the Website;
"Product Description" refers to a part of the Website where certain specifications in respect to the individual Product are provided;
"Special Conditions" refers to the terms and conditions in the Product Description;
"Users" refers to the users of the Website collectively;
"Personal Information" refers to the details provided by you on registration, support or contact forms;
"We/us" relates to Blue Marmalade Ltd.;
"Website" refers to the websites located at www.bluemarmalade.co.uk and shop.bluemarmalade.co.uk or any subsequent URL that brings you to the same website;
"Cookies" refer to small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
"United Kingdom" refers to England, Wales, Scotland, Northern Ireland and the Channel Islands;
"You" refers to a user of this Website.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks, designs and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensor(s). You are permitted to use this material only as expressly authorised by us or our licensor(s).
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied, in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.
For any queries regarding our service, please contact us by telephone, e-mail, post or fax.
USE OF THE WEBSITE
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects
You will notify us of any changes to the Personal Information by updating the information when logged into your account
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use
You agree fully to indemnify, defend and hold us (and our officers, directors, employees, agents and suppliers) harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses (including reasonable legal fees), arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
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
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
THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources.
You agree that We do not review or endorse and are not responsible or liable (directly or indirectly) for:
When using the Website, you will be shown suggested products we think you might like or have missed whilst browsing. These suggestions are based on products that share characteristics to those you are viewing / have viewed. We determine your interests and suggest new products you may like; additionally, we may compare your interests and buying habits with the interests and habits of other customers in order to show you relevant products.
Your suggested products may change when you make a purchase and move around the site. We take reasonable care to ensure our suggestions are in line with your behaviour as a customer on bluemarmalade.co.uk. Details of the products we suggest - such as price - are correct at the time recommendations are originally made to you, but can be subject to change without notice.
PURCHASE OF PRODUCTS
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.
Find out more about our Returns and Refund policy which is incorporated into these Conditions.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
Non-acceptance of an order may be a result of one of the following:
The contract will be concluded in English. The details of your specific contract will not be filed by Blue Marmalade Ltd.
CONTRACT CANCELLATION UNDER THE CONSUMER CONTRACTS REGULATIONS
Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price, provided that you have notified us in writing no longer than 14 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products, not used them and will return them in the original unopened packaging with product seals intact.
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty or not as described:
Please see our Returns and Refund policy for further details.
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions conserning avalability, backorder status, estimated delivery dates and times, additional warranties and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price or avalability of a Product until your order is accepted in accordance with our Order acceptance policy.
SHIPPING AND HANDLING
All items are free delivery in the UK mainland for orders over £50. Further delivery charges are outlined in our Delivery Info page. For shipping abroad and supported shipping teritorues please refer to our Delivery Info page. You may also send an email to [email protected] for a personalised shipping quote stating the items you wish to order. Personalies shipping quotes are valid for 24 hours only. You can also add an item to the basket and select your country at the checkout, it will automatically calculate the shipping for you.
Usualy we have our product(s) in stock for rapid delivery however in some instances the product may not be a stock item, or we are out of stock in which case there will be a delay to your order. Delivery time will vary and the quoted delivery times on this site are only estimates. If there's more than one item in the order Blue Marmalade shall hold the order until it is complete and then arrange full delivery.
Arrange Delivery: Once the item(s) are ready Blue Marmalade or its carriers shall contact you by email, telephone or post to arrange a date and time for delivery.
Delivery: Delivery will be undertaken by either Blue Marmalade staff, agent or one of its carrier companies. Any damages must be reported to Blue Marmalade within 24 hours of signing or receiving the product. It is important that once the goods have been delivered that you open the package and throughly check that the item is in perfect condition.
If your item is not in stock, it will go on back order. You will always be emailed with the option to cancel your order if you would rather not wait.
Your rights to return goods are protected under the EU Directive on Consumer Rights of 13 June 2014.
CANCELLATION, AND REFUNDS POLICY
Customers needing to cancel an order should do so via email [email protected] Orders cancelled prior to dispatch* will be refunded in full including shipping cost. Orders cancelled after dispatch will need to be returned to Blue Marmalade in 'as new' condition at the customers expense". The value of the order, excluding the initial shipping cost, will be refunded to the card or paypal account from which payment was originally made.
*Please note, orders for bespoke items made to a customers specification, eg. Custom sized products, can only be cancelled up to the commencement of manufacture. Once manufacture has commenced, the company is unable to cancel this order/refund the order value.
RETURNES AND EXCHANGES
Unspoiled goods may be exchanged or refunded if returned (at customers expense) within 14 working days of receiving the order along with proof of purchase. Soiled goods will not be considered for exchange or refund. This does not affect your statutory rights. Please ensure that all goods are thoroughly checked before a signature is given or delivery is accepted. Damaged deliverys that are accepted by the customer must be signed for or accepted as “Damaged, goods not inspected” with the carrier companie in writing. Please notify Blue Marmalade of any goods that have been damaged in transit, within 24 hours of receipt by email at [email protected] with photos of the damage and the packaging or no exchange will be considered. Please dispatch goods by traceable post, including proof of purchase and reason for exchange or refund. Blue Marmalade will not be responsible for returned goods that are lost in transit.
Please note, goods will only be considered for exchange or refund if they are clean and dry and in 'as new' condition with original packaging and product seals unbroken. On receipt of your returned items, we will make a refund to the value of the goods. We do not normally refund the cost of your return postage unless the goods were supplied to you faulty or incorrectly due to an error on our part. Even though your order may have been sent with Free Delivery, the cost for Blue Marmalade to send your parcel to you will be deducted from the refund, as these are direct costs.
We can only make refunds to the original payment card or paypal account charged. We aim to action all refunds within 7 working days from receipt of the returned good. Please note that this returns guarantee does not affect your statutory rights for returned goods under the EU Directive on Consumer Rights.
All returns must be authorided with Blue Marmalade by phone or email prior to being returned. Returned goods must clearly state the following in a cover note:
Only products purchased directly from bluemarmalade.co.uk will be accepted for return by Blue Marmalade Ltd.
Where applicable VAT will be harged at the current UK rate and will be included in the checkout price of applicable items. If a VAT breakdown is requird please contact us directly by email quoting your order number, orderer name and full address details as orderd.
WHOLESALE AND TRADE SALE TERMS & CONDITIONS
The terms and conditions listed below for Blue Marmalade apply to the use of the “trade” section of this this website and by browsing this “trade” section and/or placing an order within the “trade, wholesale or distributor” section of the site you agree to be bound by them under our busines to busines trading terms.
If you have any questions relating to these terms and conditions, then please contact us.
“Applicant(s)” relates to buying or ordering company, organisation or indavidual(s)
“Company” relates to Blue Marmalade Ltd.;
“buyer” relates to the ordering company, organisation or indavidual(s);
"Website" refers to the websites located at www.bluemarmalade.co.uk including any sub domains or any subsequent URL that brings you to the same website;
ABRVIATED TERMS AND CONDITIONS OF SALE
The Applicant(s) confirms that the information given is correct and agrees to notify the Company in writing of any subsequent amendments. Information contained in this form may be passed to a Credit Reference Agency and may be retained and shared with other businesses. We may also consult a Credit Reference Agency in regard to all Partners or Directors. The Company reserves the right to consult whomsoever it considers necessary for the purpose of granting credit to the Applicant(s) or otherwise.
The Applicant(s) request that a trade account be opened with the Company and agrees to abide by the terms and conditions of sale of the Company, as shown below, which I /we fully understand and acknowledge.
For all new accounts the Company requires prepayment until a credit history has been established. Once your credit account application has been processed Goods will be supplied on a credit basis subject to approval under the following terms and conditions. The following terms and conditions shall apply to all orders/contracts accepted or entered into by Blue Marmalade Ltd trading as Blue Marmalade®, hereinafter called “The Company”, and supersede all other terms and conditions used by the Applicant(s), unless expressly accepted by the Company in writing.
ORDERS, PRICE AND PAYMENT
The Company has not accepted your order until confirmed in writing (either by invoice sent with Goods or otherwise). The Price for the Goods shall be the quoted price (displayed Ex-VAT in the business to business order form) of the Company as shown on the invoice and payment (in Sterling only) of the Price shall be made by the Buyer on or before the last working day of the credit terms outlined in the ivoice from the invoice date. Time for payment shall be of the essence. If payment is not received by the Due Date or before, the account will be placed “On Stop” and the Company shall be entitled to charge and recover interest from the Buyer on the price of the Goods. Interest shall accrue both before and after any court judgment on the unpaid portion of the Price at the rate of eight percent per annum above The Royal Bank of Scotland base rate from time to time in force. Repeat instances of late payment will result in credit being withdrawn
The Company must be advised in writing of any defects, shortages or any other query in the Goods as soon as they are discovered by the Buyer or withing 24 hours of delivery. The buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the third day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part thereafter. Amounts may not be withheld or delayed by the Buyer for unauthorised returns or otherwise without the written agreement of a representative of the Company.
TITLE AND RISK
The Goods shall be at the risk of the Buyer following delivery, or if the Buyer and the Company have agreed in writing that the Buyer is responsible for collection of the Goods, from the time they leave the Company’s premises. The Buyer will be responsible for insuring the Goods while they are at risk. Notwithstanding delivery, title in the Goods shall not pass to the Buyer unless and until the Company has received payment in full of the price of the Goods. Furthermore title shall not pass to the Buyer until the Company has received payment in full for the price of any other Goods the Company has delivered to the Buyer. Until title in the Goods has passed to the Buyer such Goods should be stored in a safe and proper manner and kept in good condition. The Company shall be entitled to enter the premises where our Goods are stored and check compliance with this clause. The Buyer is hereby granted permission to sell the Goods in the normal course of business and pass title in such Goods to your customers if they are purchasing in good faith without notice to our rights. Permission to sell the Goods will automatically and immediately revoked on the occurrence of an Insolvency event. The Buyer shall notify the Company if you wish to appoint an administrator in respect of yourself or if you are aware of any such intention on the part of your creditors.
A full copy of the Blue Marmalade Ltd. terms and condisions is avalable upone request in writing.
Product are sold by Blue Marmalade Limited. Company Registered in Scotland No. SC244397 VAT Registration No. GB813678121. VAT is charged on all applicable sales at the current UK rate.
PLEASE ensure your address is correct in Paypal! We only ship to the address specified in your Paypal order so this is important.