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Terms & Conditions
Terms & Conditions
BRY & MAR LIMITED
Company registration number 03052924
18 Carlton Street, Castleford, West Yorkshire, WF10 1AY
These Terms and Conditions apply to:
- (1) the use of marketnoire.store (the “website”); and
- (2) our sale and supply of goods and services via this website.
The website is the property of Bry & Mar Limited (“The Company”).Company registration number 0305292418, which provides you access and use of this website subject to your compliance with these Terms and Conditions and all related policies and terms (collectively, the “Site Terms”). The Site Terms include, but are not limited to the Delivery, Cancellations and Assistance Policy. Please review these Terms and Conditions and all related policies and terms before using this website.
By using and accessing the website you agree to be bound by the Site Terms and all applicable law. You agreed with these Site Terms the first time you accessed this website from a particular computer or device, and confirm your agreement each time you use this website.
If you do not have the authority to agree to or accept these Site Terms, you may not use or access this website.
Definitions and Interpretation
In the Site Terms:
“Consumer” means an individual who uses the website to purchase goods or services from us that are not related to their trade, business or profession;
“Cookies” are small text files stored on your computer.
“Satisfaction Guarantee” means Our satisfaction guarantee set out in the Consumer Delivery, Cancellation, Replacement and Returns Policies;
“Personal Data” means data that identifies an individual or that can be reasonably associated with a specific person or entity, such as a name, contact information, telephone number, Internet (IP) address, and information about an individual’s purchases and online shopping;
“Site Materials” means all materials on the website including, but without limitation to, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof;
“We” or “us” or “The Company” means Bry & Mar Limited. In the Site Terms, paragraph headings are used for convenience only. They are not intended to describe the entire content of the paragraphs or have any effect on their interpretation.
PART 1: TERMS APPLICABLE TO THE SUPPLY OF GOODS AND SERVICES VIA THE WEBSITE
A. Contract, Pricing, Formation, Payment
Nothing in these Site Terms or elsewhere on this website constitutes an offer to sell or supply goods or services. Your order of goods or services constitutes an offer to purchase them. Our Order Confirmation confirms the receipt of your order, but does not constitute an acceptance of it. Once we accept the order, however, it is our duty to supply the goods you ordered.
We accept your order when we despatch the goods or begin to supply the services that you have ordered. This concludes the contract of sale for the goods despatched, but not for any other goods or services that you may have ordered at the same time.
We shall be under no liability for any delay or failure to deliver goods or services ordered via this website if the delay or failure is caused by circumstances beyond our reasonable control.
We welcome debit cards and credit cards (Mastercard and Visa) at marketnoire.store. All card payments are subject to authorisation by your card issuer. If your payment is not authorised we will not fulfil your order.
Consumers may choose the currency to pay in using the currency switcher.
B. Product Descriptions and Availability, Price indications and Offers and Changes
- We take reasonable precautions to ensure that goods and services are fairly and accurately described on our website and that they are available at the prices listed. However, please note that, subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this website without any prior notice, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this website will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale.
- Subject to applicable law, we: (a) do not warrant that the Site Materials (including but without limitation to product descriptions, photographs and product user guides) are accurate, complete, reliable, current or error-free; and (b) reserve the right not to process orders, and to revise orders or recover funds where the price or other material information on this website is inaccurate or when we recognise there has been a material error or breach of the Site Terms.
- The images of the products on our website are for illustrative purposes only.
- If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
C. Our Responsibility for Loss or Damage suffered by you as a result of using our Website and the Sale of Goods on our Website
- Subject to the paragraphs below in this Section C, The Company shall not be responsible to you for any losses suffered by you as a result of or in connection with your use of the website or any inability to use the website or use of or reliance on any content displayed on our site.
- If we fail to comply with these Site Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Site Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
- If we are providing services on your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
If you are not a Consumer or if you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business losses (whether foreseeable or not) including:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- loss of use;
- loss of data;
- special, punitive or exemplary damages; or
- any indirect or consequential loss or damage.
If you are not a Consumer, our maximum aggregate liability to you in respect of goods and services that you purchase from us via the website (whether in contract, tort including negligence, strict liability, breach of statutory duty or other legal theory) shall be limited to the price charged to you in relation to those goods and services.
PART 2: TERMS APPLICABLE TO USE OF THE WEBSITE
D. Limitations on Usage, Licence and Website Access
The use of this website is governed by the laws of England and Wales. The laws of your jurisdiction may be more or less strict than the laws that apply to this website. If you access this website from outside the UK you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
To register and shop with this website you must be eighteen years of age or over. Please refer to Section I for more information in relation to the use of this website by minors.
If you meet the above requirements, we grant you a limited licence to make personal use only of the website. Such grant does not include, without limitation: (a) any resale or commercial use of this website or any Site Materials (defined above); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trade marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making modifications to or other derivative uses of the website and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the website or any other user of the website. Except as noted above, you are not granted any right or licence by implication, estoppel, or otherwise in or under a patent, trademark, copyright, database right or other Intellectual Property right belonging to the The Company or any third party. You may not use any meta-tags or any other ’hidden text’ utilising any name, trade mark, or product name of the The Company without our express written consent. We may terminate this licence, access to the website at any time if you breach or permit any breach of these Site Terms. Such actions by you may also breach applicable laws, including but without limitation to: copyright laws, trademark laws, communications, regulations and statutes. We reserve the right to enforce our legal rights.
E. Passwords and Security
If you use a password to access this website or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer. If you use a shared computer, remember to sign-out once you finish shopping at our website. In the event that the confidentiality of your account or password is compromised in any manner, you must immediately notify our Help Centre at email@example.com
We reserve the right to take any and all action as necessary or reasonable to maintain the security of the website and your account, including but without limitation to: terminating your account, changing your password or requesting information to authorise or cancel transactions on your account.
While we take prudent steps to protect your account and the website, we cannot protect your information outside of the website. For example, if we communicate with you electronically but outside of the website, you acknowledge that the communication may not be transmitted and/or stored securely, and may be viewed by others. You acknowledge that by requesting information by e-mail, we may transmit it to you and store it in an unencrypted form. Similarly e-mails you send to us may also be unencrypted, and thus may be viewed by others. We may rely on the authority of anyone accessing your account or using your password. You accept responsibility for their activities. In no event will we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of our website under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorised access to your account or use of your password.
F. Intellectual Property
- All Site Materials are owned by usand are protected by UK and international copyright, trademark and other intellectual property laws.
- Restrictions on Use
- Except as stated in the Site Terms, none of the materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission or the respective intellectual property rights owner.
You may electronically copy and print portions of this website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this website, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without our prior written permission is strictly prohibited.
- Links to the website
- You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this website, provided such link does not portray any of the The Company or any of their products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilise framing techniques to enclose any The Company’s trade mark, logo or other proprietary information of the The Company, including the images found at this website, the content of any text or the layout/design of any page, or form contained on a page without our express written consent. All other linking is prohibited without our prior consent. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise to any patent, trade mark, copyright, design right, database right or other intellectual property right of the The Company or any third party.
H. Your Responsibilities; Information you provide to us; Enforcement
If you register on this website, you agree that any information you provide to us will be current, accurate and complete. You must inform us of any changes to that information by updating your personal registration details on this website.
In addition, you agree not to use the website to: (a) Engage in or encourage a criminal offence, breach the rights of any party, or otherwise create liability or breach any national, or international law; (b) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (c) Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, spy-on, interfere with, surreptitiously intercept or expropriate any system, programme, data or Personal Data controlled or possessed by our website
All access to and use of this website is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on this website. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any e-mails or other communications. Consistent with our Privacy Statement and data protection legislation, we may disclose such information to any third party including law enforcement agencies to protect our rights, property or staff in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation.
We may investigate any reported breach of our Site Terms or complaints and take any action that we deem appropriate. We have the right, but not the obligation, to carry out this process. We can carry out such actions, including but not limited to: issue a warning, suspend or terminate your access and use of the website and related services at any time. The Company takes no responsibility and assumes no liability for any Content posted or uploaded by any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this website.
Responsibility for your Conduct
You agree to reimburse The Company and its employees, agents and representatives for amounts paid in compensation to any third party arising out of your misuse of the website, or your breach of any Site Terms or of any rights of a third party. Indirect or attempted breaches of these Site Terms or any policy, and actual or attempted breaches by a third party on behalf of a user of this website will be considered breaches of these Site Terms by such user.
We do not knowingly permit any person under 18 years of age to use this website. If you are under 18 years of age, you must not attempt to order goods or submit Personal Data via this website or otherwise use this website.
This website and the materials provided on it are provided on an “as is” basis and, to the extent permitted by applicable law, without warranties of any kind, either express or implied. The Company disclaims, to the extent permitted by applicable law, all warranties, conditions and terms express or implied, including, but not limited to, any warranties that might be implied as to the compatibility of the website with your computer equipment, software or telecommunications links, or as to the fitness for any particular purpose of the website or the content on the website.
The Company does not represent or warrant that the website will be available, that the website services will meet your requirements or that materials in this website are accurate, complete, reliable, current, or error-free.
The Company does not represent or warrant that this website or its server(s) are free of viruses or other harmful components, even if The Company or its authorised representatives have been advised of the possibility of such viruses or other harmful components and you are advised to use up-to-date commercially available virus screening software when accessing or otherwise using this website. You expressly agree that use of this website, including all content, data or software, distributed by, downloaded or accessed from or through this website is at your sole risk.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us .
PART 3: TERMS APPLICABLE TO BOTH PART (1) AND PART (2) ABOVE
K. Related Policies and Terms
Additional Site Terms apply to use of this website and our sale/supply of goods and services. These include:
- Please review all relevant additional Site Terms. The Site Terms do not alter, in any way, the terms or conditions of any other agreement you may have with us for products, services or otherwise.
L. Refund, cancellation and return
Consumers may cancel their orders at any time provided they have not received goods yet. Items will be returned to us automatically with no additional liabilities for consumers. A 100% refund will follow. Consumers have to inform us at firstname.lastname@example.org.
Consumers may send us their good within 14 days of accepting them without any reason. Consumers should contact email@example.com to get an exact address to send their goods to. If goods are in their original condition, the full refund will be issued to the consumer. If not, some money may be deducted from the refund.
We offer 30 days return period for consumers to inspect the delivered goods. They are free to send their goods back to us with a prepaid delivery service, if goods are damaged or not working as described. We will fix or change them and send back to you with the prepaid delivery service within 30 days of receiving them. Please contact firstname.lastname@example.org.
The warranty period of specific goods gives consumers additional options of returning them. The terms are stated in the documentation for the particular goods.
M. Modification of Site Terms
We reserve the right to modify these Site Terms at our sole discretion from time to time and only we have the right to do so. You may not alter, exclude or add to the Site Terms, and any attempt to do so shall have no effect. If the Site Terms are changed, we will post the new terms on the website and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised. Your use of the website following the posting will constitute your acceptance of the new Site Terms. However, any changes to the Site Terms will not affect the terms of any order you have already placed for goods or services via this website prior to such posting.
N . Governing Law and Juristiction
Whether you are a Consumer or not, you and we both agree that these Site Terms shall be governed by and construed in accordance with the laws of England and Wales.
If you are a Consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are not a Consumer, we both agree to the exclusive jurisdiction of the courts of England and Wales.
O . Termination
Notwithstanding the Site Terms, we reserve the right, without notice and in our sole reasonable discretion, to terminate your licence to use this website, and to block or prevent future access to and use of this website if you breach any of the Site Terms or applicable law. Upon termination, these Site Terms shall still apply.
P . Severability and Waivers
If any provision of the Site Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed to be severed from the rest of the Site Terms and shall not affect the validity and enforceability of any and all remaining provisions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any and all provisions documented within the Site Terms. All waivers shall be made in writing.
Q . Third Party Rights
No party who is not a party to the agreement between us created by the Site Terms shall have any right to enforce any of the Site Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
R . Contact Us
If you experience difficulties in using the website or wish to report any matter relating to this website, please contact us:BRY & MAR LIMITED
18 Carlton Street