TERMS AND CONDITIONS

Terms and Conditions


These terms and conditions apply between you, the User of this Website (including any sub-domains, unless excluded by their mown terms and conditions), and Marta’s Vinyard Limited, the owner and operator of this web-site. Please read these terms and conditions carefully as they will affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the web-site. If you do not agree to be bound by these terms and conditions, you should stop using the web-site immediately.


In these terms and conditions, User or Users means any third party that accesses the web-site and is not either (i) employed by Marta’s Vinyard Limited and acting in the course of their employment or (ii) engage as a consultant or otherwise providing services to Marta’s Vinyard Limited and accessing the website in connection with the provisions of such services.


You must be at least 18 years of age to use this website. By using the website and agreeing to the terms and conditions, you represent and warrant that you are at least 18 years old.


Intellectual Property and acceptable use.


  1. All content on this web-site, unless uploaded by Users, is the property of Marta’s Vinyard Limited, or affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any content uploaded by Users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, data rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
  2. You may, for your own personal, non-commercial use only, do the following:
    1. Retrieve, display and view the content on a computer screen
  3. You must not otherwise modify, reproduce, copy, distribute or use for commercial purposes any Content without the written permission of Marta’s Vinyard Limited.

Prohibited Use

  1. You may not use the website for any of the following purposes:
  • in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website,
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in break of any applicable law, regulation, governmental order,
  • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

  1. You must ensure that the details provided by you on registration or at any other time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering or at any time are correct and complete.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach the terms and conditions.
  4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation of suspension of your registration does not affect any statuary rights.

Links to other websites

  1. This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Marta’s Vinyard Limited or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any or all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another website on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy and Cookies Policy

  1. Use of the Website is also governed by our Privacy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To review the Privacy Policy and Cookies Policy, please click on to the following martasvinyard.com/privacypolicy and www.martasvinyard.com/cookiespolicy

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Marta’s Vinyard Limited makes available through the Website (the Service) is provided “as is” and on a “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility or satisfactory quality. Marta’s Vinyard Limited is under no obligation to update information on the Website.
  2. While Marta’s Vinyard Limited uses reasonable endeavours to ensure that the Website is free or errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Marta’s Vinyard Limited accepts no liability for any disruption or non-availability of the Website.
  4. Marta’s Vinyard Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will (a) limit or exclude or liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation, or; (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Marta’s Vinyard accepts no liability for any of the following:
  4. Any business losses, such as loss of profit, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities,
  5. Loss or corruption of any data, database or software
  6. Any special, indirect or consequential damage.

SALE OF GOODS

 

 

20.    GENERAL


The following words shall have the following meanings:


  • “Buyer” means the organization or person who buys Goods from the Seller;
  • “Goods” means the articles to be supplied to the Buyer the Seller;
  • “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
  • “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
  • “Seller” means Marta’s Vinyard Limited, 26a Woodhaw, Egham, Surrey, TW20 9AP.

 

21.    GENERAL

 

  1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in
  • Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the

 

22.     PRICE AND PAYMENT

 

  • The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in The price is exclusive of VAT, save where published as inclusive of VAT or any other applicable costs. Carriage shall be paid for by the seller up to 60 miles radius of the sellers address or by mutual arrangement. .
  • Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller or by the date of delivery.
  • The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4% per annum above the base rate of the National Westminster Bank.
  • If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
  • require payment in advance of delivery in relation to any Goods not previously delivered;
  • refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
  • terminate the contract;

23.    DESCRIPTION

 

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

 

24.     SAMPLE

 

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

 

25.      DELIVERY

 

  1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  1. The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the
  1. If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such
  1. The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.

26.      RISK

 

Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.


27.       TITLE

 

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

 

28.       WARRANTY

 

  1. Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, replace defective Goods free of charge within 30 days from the date of delivery, subject to the following conditions:
  • the Buyer notifying the Seller in writing immediately upon the defect becoming apparent,
  • the defect being due to the faulty design, materials or workmanship of the Seller.
  • Any Goods to be replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the
  • Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the
  • The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been
  • The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 29 and 30

29.      LIABILITY

 

  • No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
  • the correspondence of the Goods with any description;
  • the quality of the Goods; or
  • the fitness of the Goods for any purpose whatsoever.
  • No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
  • the correspondence of the Goods with any description;
  • the quality of the Goods; or
  • the fitness of the Goods for any purpose whatsoever.
  • All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the

30.      LIMITATION OF LIABILITY

 

  • Where any court or arbitrator determines that any part of Clause 29 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract
  • Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or

31.      INTELLECTUAL PROPERTY RIGHTS

 

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

 

32.      FORCE MAJEURE

 

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

 

33.      RELATIONSHIP OF PARTIES

 

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.


34.      ASSIGNMENT AND SUB-CONTRACTING

 

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

 

35.      WAIVER

 

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.


36.      SEVERABILITY

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.


37.       GOVERNING LAW AND JURISDICTION

 

This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.


GENERAL

  • You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  • These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. You should check the terms and conditions regularly to ensure familiarity with the current version.
  • These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  • The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third parties will have any rights to enforce or rely on any provision of these terms and conditions.
  • If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  • Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  • This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Marta’s Vinyard Limited details

  • Marta’s Vinyard Limited is a company incorporated in England and Wales with registered number 3921769 whose address is 26a Woodhaw, Egham, Surrey, TW20 9AP and it operates the Website martasvinyard.com. The registered VAT number is 783111150. You can contact Marta’s Vinyard Limited by email on malcolm@martasvinyard.com.
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