Terms and Conditions
Scope: These terms and conditions are in three parts. Part A governs your use of the www.marshall-trailers.co.uk website (the “Website”). Part B governs purchases of goods made through the Website (“Terms of Sale”). Part C contains general provisions that apply to both.
Who we are: The Website is operated, and goods sold through it are supplied, by Charles J Marshall (Aberdeen) Ltd, a company registered in Scotland with company number SC064659 and registered office at Chapel Works, Bucksburn, Aberdeen, AB21 9TL (“we”, “us”, “our”). Our VAT registration number is GB296781107. You can contact us by telephone on 01224 722777 or by email at admin@marshall-trailers.co.uk.
Definitions: In these Terms, “Consumer” means an individual buying goods wholly or mainly outside their trade, business, craft or profession; “Business Customer” means any customer who is not a Consumer; “Bespoke Goods” means goods made or configured to your specification or clearly personalised, including machines ordered using our online configuration tool; and “Goods” means any products ordered through the Website, including spare parts, stock clearance items and Bespoke Goods.
A. USE OF THE WEBSITE
1. Agreement
By using the Website you agree to be bound by these Terms. We endeavour to offer you the best possible service but cannot guarantee that the Website will be fault free. If a fault occurs, please report it to us at admin@marshall-trailers.co.uk. Occasionally we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the Website. In these circumstances, we will endeavour to restore the Website as soon as possible.2. Amendments
We reserve the right to update these Terms from time to time. Any changes will be notified to you via a suitable announcement on the Website, and it is your responsibility to check for such changes. Changes apply to use of the Website after such announcement; if you do not wish to accept the new Terms you should not continue to use the Website, and your continued use after the date on which a change comes into effect indicates your agreement to be bound by the new Terms. We may also modify or withdraw, temporarily or permanently, the Website and the material contained within it (or any part) without notice, and we shall not be liable to you for any such modification or withdrawal. Changes to these Terms do not affect orders for Goods already placed: each order is governed by the version of the Terms of Sale in force when the order was placed.3. Privacy Policy
Read our privacy policy.4. Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer, or any material which is defamatory, offensive or of an obscene character.5. Indemnity
If you are a Business Customer, you agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of the Website or any other person accessing the Website using your personal information. If you are a Consumer, you are responsible to us for loss we suffer as a result of your breach of these Terms to the extent required by law.6. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. We are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites, nor for any damage, loss or offence caused or alleged to be caused in connection with the use of or reliance on any advertising, content, products, materials or services available on such external websites or resources.7. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website belong to us or our licensors and shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website. Use of the Website does not constitute a licence for you to use our trademarks, designs or logos or those of our agents.8. Availability of the Website
The Website is provided on an “as is” and “as available” basis. Whilst we will try to ensure that material included on the Website is correct and of high quality, we cannot accept responsibility for errors or omissions in Website content, for technical problems you may experience with the Website, or for the Website being unsuitable for or incompatible with your equipment, software or telecommunications links. If we are informed of any inaccuracies in material on the Website we will attempt to correct them as soon as we reasonably can. Nothing in this clause A8 limits or affects our responsibility for Goods you purchase, which is dealt with in Part B.B. TERMS OF SALE
1. Application of these Terms of Sale
This Part B applies when you order Goods through the Website. Some provisions apply only to Consumers or only to Business Customers, and are marked accordingly. If you are buying on behalf of a business, you confirm that you have authority to bind that business. Nothing in these Terms affects your statutory rights as a Consumer.2. Ordering and Contract Formation
The display of Goods on the Website is an invitation to treat and not an offer to sell. Your order constitutes an offer to purchase the Goods. After you place an order you will receive an email acknowledging that we have received it; this acknowledgement does not mean your order has been accepted. Our acceptance of your order, and the formation of a contract between us, takes place only when we send you an email confirming that the Goods have been dispatched (or, for Goods to be collected, that they are ready for collection; or, for Bespoke Goods, an email expressly confirming acceptance of your order).We may decline any order before acceptance, including where the Goods are unavailable, where we have identified a pricing or description error, where we are unable to obtain authorisation for your payment, or where we cannot deliver to your area. If we decline an order after payment has been taken, we will refund you in full without undue delay.
3. Goods and Descriptions
Images of Goods on the Website are for illustrative purposes. Although we make every effort to display specifications and colours accurately, minor variations may occur, and specifications may be updated as part of our programme of continuous product improvement, provided this does not materially reduce the quality or performance of the Goods you have ordered.Bespoke Goods are manufactured or configured to the specification you select. It is your responsibility to check that the configuration, options and specification you select meet your requirements before placing your order. Once we have accepted an order for Bespoke Goods, changes can only be made with our agreement and may affect the price and lead time.
4. Price and Payment
The price of Goods is the price displayed at the checkout when you place your order. Prices at checkout are shown exclusive of VAT with VAT itemised at checkout. Delivery charges are shown separately before you confirm your order.It is always possible that, despite our efforts, some Goods may be incorrectly priced. Where the correct price is higher than the price stated at the point of order, we will contact you before dispatch for your instructions and will not be obliged to supply at the incorrect price. If the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an error, we may cancel the contract and refund any sums paid.
Payment is taken in full at the time you place your order, unless otherwise stated for Bespoke Goods, where we may take a deposit at the time of order with the balance payable before dispatch, as stated at checkout. Payments are processed by Square Up; we do not see or store your full card details. If we are unable to collect any payment due, we may suspend supply of the Goods until payment is received.
5. Prices, Specifications and Delivery
Delivery charges apply to all delivered Goods and are stated at checkout. We will deliver the Goods to the delivery address you give when ordering, within the timescale indicated at checkout or in our dispatch correspondence. Delivery timescales for Bespoke Goods are estimates based on our current manufacturing schedule and will be confirmed when we accept your order.If you choose to collect Goods from our premises at Chapel Works, Bucksburn, Aberdeen, we will notify you when the Goods are ready and you should collect them within 30 days of that notice, during our normal business hours. If our supply of the Goods is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect of the delay; provided we do this, we will not be liable for the delay, but if the delay is substantial you may contact us to end the contract and receive a refund for Goods you have paid for but not received.
If no one is available at your address to take delivery and the Goods cannot be left safely, we or our carrier will leave a note with instructions for redelivery or collection. If, after a failed delivery, you do not re-arrange delivery or collect the Goods within a reasonable time, we may charge for storage and further delivery costs, and may treat the contract as ended by you.
6. Risk and Ownership
The Goods are your responsibility (that is, risk in the Goods passes to you) from the time we deliver them to the address you gave us, or from the time you (or a carrier arranged by you) collect them from our premises. You own the Goods once we have received payment in full, including all applicable delivery charges. Until ownership passes, if you are a Business Customer you must store the Goods in a manner that identifies them as ours and must not resell them, and we may require their return or enter your premises to recover them if payment is overdue.7. Consumers - Your Right to Change Your Mind
This clause B7 applies only if you are a Consumer. For most Goods bought online you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to change your mind within 14 days and receive a refund.You do not have the right to change your mind in respect of Bespoke Goods (goods made to your specification or clearly personalised, including machines ordered through our online configuration tool).
The cancellation period ends 14 days after the day on which you (or someone you nominate) receive the Goods, or, where the Goods are delivered in instalments, 14 days after the day you receive the last instalment. To cancel, contact us by telephone on 01224 722777 or email admin@marshall-trailers.co.uk. It is sufficient that you send your cancellation before the period expires.
If you cancel after the Goods have been dispatched or delivered, you must return them to us at Chapel Works, Bucksburn, Aberdeen, AB21 9TL, or allow us to collect them, within 14 days of telling us you wish to cancel. You are responsible for the cost of return unless the Goods are faulty or misdescribed. Where Goods cannot, by their nature, normally be returned by post (for example wheels, tyres and large fabricated parts), we can arrange collection on request and will tell you the collection cost, which will be deducted from your refund. As an indication, collection costs are typically in the region of £300 depending on the item and your location.
We will refund the price you paid for the Goods and standard delivery charges (but not any premium for enhanced delivery), by the method you used for payment, within 14 days of the day we receive the Goods back or, if earlier, the day you provide evidence of having sent them back. We may reduce your refund to reflect any diminution in the value of the Goods caused by your handling of them beyond what is necessary to establish their nature, characteristics and functioning.
8. Consumers - Faulty or Misdescribed Goods
This clause B8 applies only if you are a Consumer. We are under a legal duty to supply Goods that are in conformity with the contract. Nothing in these Terms affects your rights under the Consumer Rights Act 2015.9. Business Consumers - Warranty and Remedies
This clause B9 applies only if you are a Business Customer. We warrant that on delivery, and for a period of 12 months from delivery, the Goods will be free from material defects in design, materials and workmanship. This warranty does not apply to defects arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our operating or maintenance instructions, misuse, overloading, or alteration or repair without our approval, nor to consumable items.10. Our Liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your legal rights as a Consumer in relation to the Goods, or for defective products under the Consumer Protection Act 1987, or any other liability that cannot be excluded or limited by law.If you are a Consumer: we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, and we supply Goods for domestic and private use only – if you use the Goods for any commercial, business or resale purpose, our liability to you will be as if you were a Business Customer under this clause.
If you are a Business Customer: subject to the first paragraph of this clause B10, we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of anticipated savings, loss of use, business interruption or any indirect or consequential loss arising under or in connection with the contract; and our total liability to you in respect of all losses arising under or in connection with the contract shall not exceed the price paid for the Goods to which the claim relates.