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Terms & Conditions

Updated: March 2017

These Sale Terms set out the terms and conditions that will apply when you purchase Merchandise through our Site. If you are unable to understand, or have any questions about, these Sale Terms please contact us using the contact information set out in the "Contact Us" section below. You will be required to confirm that you have read and accept these Sale Terms before you submit an Order to us.

Prior to submitting an Order by clicking the 'PROCESS ORDER' button on the Payment Method page, please save or print a copy of these Sale Terms to keep on file for future reference regarding the Order You are submitting. Please note, terms are subject to change so review and save or print a copy of these terms prior to each Order that You submit.

Capitalised terms that we have used in these Sale Terms are defined in the "Definitions" section below.

1.     ORDER AND ACCEPTANCE

a.     If you would like to order Merchandise, you can use the order process on our Site to place an Order.

b.     Each Order submitted constitutes an offer to purchase Merchandise from us. Orders are subject to our acceptance and we may, at our discretion, refuse to accept your Order, including where:

                        i.        Orders cannot be processed due to an error in information you have provided to us, for example, where you provide us with: an incorrect payment card number, expiration date or card security value number; incorrect billing information (e.g. where the billing information you provide is different from the information that the bank or building society which issued your payment card has on record); insufficient or an incorrect shipping address (i.e. street address, city, country or postcode); or fraudulent information;

                       ii.        there is an error on our Site relating to the Merchandise that you have Ordered, for example an error relating to the price or description of the Merchandise as displayed on our Site; or

                      iii.        the Merchandise that you have ordered is no longer available through our Site.

We will, unless we suspect that your Order was placed for fraudulent purposes, send you an e-mail, to the e-mail address that you have provided to us, if we are unable to accept your Order, informing you of the reason. If you placed an Order by telephone but did not provide us with an e-mail address, we will contact you on the telephone number that you have provided to try to resolve with you the issue preventing us from accepting your Order.

c.     If you have placed your Order through our Site, after we receive your Order, you will receive an e-mail from us confirming receipt of your Order, usually in minutes. You should note that the e-mail that we send to you confirming receipt of your Order does not constitute acceptance of your Order.

d.     Your Order will be accepted by us only after we dispatch the whole or any part of the Merchandise covered by your Order. If you have placed your Order through our Site, we will send you an e-mail, when we dispatch all, or if earlier the first part, of the Merchandise covered by your Order, to confirm that your Order has been accepted by us. If you have placed your Order through our Site, we will send you an e-mail to let you know that your Order has been accepted by us. Our Contract is created when we send you our shipment confirmation e-mail or, if you placed your Order over the telephone, when we dispatch all or the first part of the Merchandise covered by your Order.

e.     We will take reasonable steps to ensure that the prices and other information about Merchandise on our Site are accurate. If an error relates to Merchandise for which you have placed an Order, we may reject your Order under Clause 1(b) above. If we reject your Order because of an error, we will notify you at the e-mail address or, if you placed your Order over the telephone, the telephone number that you have provided to us and ask you whether you would like to re-submit your Order to purchase the relevant Merchandise once we have corrected the error. If we have notified you that we have accepted your Order, you will not be required to pay more than the price that was displayed on our Site at the time that you placed your Order for the Merchandise that you have requested, and if we have sent you Merchandise which is different from the description of the relevant Merchandise on our Site at the time that you placed your Order, you will also have the right to return it. Please see the terms of our return and exchange policy listed below.

f.      If you have any questions, comments or concerns regarding our Order acceptance policy, or if you consider that your Order was rejected by us in error, please contact us by e-mailing us at: enquiry@marcelloandferri.com

2.     PRODUCT AVAILABILITY

a.     The inclusion of any Merchandise on our Site does not imply, warrant or guarantee that the Merchandise will be available if you wish to place an Order to purchase it.

b.     We will have the right, at any time, to make changes to information about Merchandise displayed on our Site, for example information about prices, description or the availability of Merchandise and we may do so without first giving you notice of the changes. We will not, however, make any changes to the price, availability or description of any Merchandise after we have accepted an Order to supply the Merchandise to you.

3.     CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES

You can make changes to or cancel your Order at any time before your Order has been processed by us. To make changes to your Order, please email us on enquiry@marcelloandferri.com. If your Order has already been processed, you will only be able to request a refund or exchange of the Merchandise: please see the terms of our return and exchange policy listed below.

4.     DELIVERY

a.     International shipping is available when ordering Merchandise from our Site.

b.     Shipping and handling charges will depend on the value of your Order, the country to which the Merchandise is being shipped and your required shipping time.

c.     Merchandise that we deliver to you will become your property at the time that you receive it. As soon as we have delivered the Merchandise to you, you will become responsible for it, and for any loss or damage to it thereafter.

5.     PRICES AND PAYMENTS

a.     We reserve the right to vary the price of our Merchandise at any time. We will not alter the price of any Merchandise covered by an Order after we have accepted the Order.

b.     You may pay for your Order using either a credit card from Visa, MasterCard, American Express, a debit card with a Visa or MasterCard logo or an American Express charge card.

c.     When we receive your Order, we will place a "hold" on your payment card for the total value of your Order. If the "hold" on your card has been authorised by your bank or building society, we will take payment, for the Merchandise, from your card immediately before your Merchandise, or the first part of the Merchandise that you have ordered, is dispatched. You should note that placing a "hold" on your card or taking payment from your card does not constitute acceptance of your Order. Our contract is created only when we (i) send you an e-mail confirming that we have dispatched your Merchandise or the first part of the Merchandise covered by your Order, or (ii) if you placed your Order over the telephone, when we actually dispatch your Merchandise or the first part of the Merchandise covered by your Order.

d.     The charge for your Order will appear on your credit, debit or charge card statement as "Tom Saddlers UK Pvt Ltd or Marcello and Ferri”. If you wish to dispute the validity or amount of a charge that appears on your credit, debit or charge card statement, please contact us by e-mailing us at enquiry@marcelloandferri.com

e.     If you cancel an Order under Clause 3 above, any authorised "hold" on your payment card will usually be released.

f.      The prices displayed on our Site for Merchandise is inclusive of all VAT and, for Merchandise ordered for shipment to the UK, all other applicable taxes and charges such as import duties. For Merchandise ordered for shipment outside of the UK the recipient of the Order will be responsible for any import duties or taxes charged by the recipient's country.

g.     For Orders which are to be shipped to the UK, we use a customs broker to clear Merchandise and process all duties and taxes and that broker will also be acting as our agent in relation to the Merchandise that is being delivered.

6.     RESALE / RESHIPPING OF OUR MERCHANDISE

It is important for us to monitor the quality of the Merchandise that our customers purchase in order for us to maintain customer satisfaction and therefore you must not misrepresent yourself as being one of our authorised resellers or as being qualified to resell our Merchandise. We reserve the right to refuse to accept your Order, if we suspect that you intend to resell our Merchandise.

7.     RETURNS / REFUNDS / EXCHANGES

a.     If you are not satisfied with the Merchandise that you ordered, you may return it to us for an exchange or a refund. You may also request a refund for Merchandise that we have dispatched but which you have not yet received. Any return or exchange is valid till 28 days to the date of delivery of the original Merchandise.

 

Refunds / Exchanges for Faulty Merchandise

b.     If you wish to return Merchandise for a refund which is faulty or otherwise damaged when you receive it, which does not correspond to the description on our Site, or which develops a fault after you receive it, you can do so by: (i) sending the Merchandise back to us at Mahad International, Returns Department, Victory house, 400 Pavilion Drive, Northampton Business Park, Northampton, NN4 7PA (ii) e-mailing us at returns@marcelloandferri.com. If you e-mail us to request a refund, we may ask you to return the Merchandise to us before we can process your refund. You should note that above refunds procedures are only applicable when you shop from our website www.marcelloandferri.com .we cannot process your refund if you return Merchandise if you have purchased our product from any store, in that case you need to contact same store where you buy our product.

c.     Once we receive the Merchandise and confirm that it is faulty, damaged or does not correspond to the description on our Site, we will refund to you the cost of the Merchandise and any shipping and handling charges and duties paid by you. If you show us how much it cost to return the Merchandise to us, we will also refund to you the cost of your return postage. We will usually credit the refund back to the payment card that you used to pay for the Merchandise. It may take a while longer for the refund to show up on your payment card statement. Please note that if you return Merchandise without a receipt or other proof of purchase, we can provide you with only a Merchandise Credit for the last known value of the Merchandise.

d.     If we examine Merchandise that you have returned to us and, in our reasonable opinion, do not consider that it is faulty, you will not be entitled to a refund and we will return the Merchandise to you.

e.     If you would like to exchange Merchandise which is faulty, damaged or does not correspond to the description on our Site please see the terms of our exchange policy listed below.

Refunds for Non-Faulty Merchandise

f.      If you are not satisfied with any Merchandise that you have received, or we have e-mailed you to confirm that your Order has been processed but you would like to cancel it, you may request a refund by: sending the Merchandise back to us, at your cost, at Mahad International, Returns Department, Victory house, 400 Pavilion Drive, Northampton Business Park, Northampton, NN4 7PA or (iii) or e-mailing us at returns@marcelloandferri.com. If you e-mail us, we will still need you to return the Merchandise to us. You should note that we cannot process your refund if you return Merchandise by post to our returns address. You need to keep Merchandise for which you have requested a refund in your possession and take reasonable care of it until it is returned to us. If you fail to return Merchandise to us for which we have issued you with a refund, we may arrange for the collection of the Merchandise from you and charge you for all our reasonable costs incurred in arranging the collection.

Exchanges / Speed Exchanges

g.     If you wish to exchange Merchandise that you have received from us, you can do so by sending the Merchandise back to us at Mahad International, Returns Department, Victory house, 400 Pavilion Drive, Northampton Business Park, Northampton, NN4 7PA. If you wish to exchange Merchandise which is faulty, damaged or does not correspond to the description on our Site, you can also e-mail us at returns@marcelloandferri.com  When you e-mail us, we may give you the option of e-mailing or posting to us a photograph of the faulty, damaged or non-corresponding Merchandise without your having to return the Merchandise to us. You should note that we cannot process your exchange if you return Merchandise by post to one of Stores selling our brand. When you return the Merchandise to us you must also include details of the new items that you wish to purchase. Once we receive the returned Merchandise, we will process your exchange and send you the new Merchandise that you have requested. We may charge any applicable shipping and handling charges and also any duties payable for replacement Merchandise to be shipped to the UK. We will take new payment for the exchange Merchandise and arrange refunds for the returned merchandise. If you have returned Merchandise to us for exchange which is faulty, damaged or does not correspond to the description on our Site we will, if you show us how much it cost to return the Merchandise to us, also refund to you the cost of your return postage.

h.     Any return or exchange is valid till 28 days to the date of delivery of the original Merchandise.

8.     OUR LIABILITY TO YOU

a.     We will not be liable to you under a Contract for:

                        i.        any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;

                       ii.        any loss or corruption of or damage to data; or

                      iii.        any loss or damage which was not a reasonably foreseeable result of either our breach of a Contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time that we and you entered into a Contract, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached the Contract or our legal duty of care.

b.     Nothing in these Sale Terms will affect your statutory rights. For further information about your statutory rights you should contact your local authority Trading Standards Department or Citizens' Advice Bureau.

9.     PERSONAL INFORMATION

When you place an Order through our Site, you will be providing us with your personal information. We will use your personal information to process your Order and deliver the Merchandise ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject to the terms of our privacy policy.

USE OF OUR WEBSITE

Your use of our Site is subject to our "Website Terms of Use", a copy of which can be found by clicking here.

10.   GENERAL TERMS

a.     The Contract between you and us is governed by the law of the part of the UK in which you live. Either you or we may bring legal actions in respect of any dispute which arises in connection with a Contract only in a relevant court in the UK.

b.     If either you or we do not enforce or delay enforcing any of our rights under a Contract, this will not stop us from doing so at a later date.

c.     If any provision of a Contract is not valid or legally enforceable, that term will be deleted and the remaining terms will not be affected.

d.     No party other than you or us has any right to enforce any term of a Contract.

11.   CONTACT US

Mahad International, Returns Department, Victory house, 400 Pavilion Drive, Northampton Business Park, Northampton, NN4 7PA

 

12.   DEFINITIONS

    In these Sale Terms:

"Backordered Items"

means Merchandise that you have ordered which is temporarily out of stock;

"Contract"

means the contract between you and us for the sale and purchase of Merchandise, comprising your Order, our e-mail confirmation of our acceptance of your Order and these Sale Terms;

"E-Gift Cards"

means a Gift Card which we sent to you or to your recipient by e-mail;

   

"Merchandise"

means the products that we sell on our Site from time to time, including clothing, accessories and fragrances;

"Merchandise Credit"

a credit, in the form of a Gift Card, which we or one of our affiliates may issue to you from time to time, for example, where you return merchandise to a Store for a refund without any proof of purchase;

"Order"

means an order for Merchandise;

"Sale Terms"

means these terms and conditions of sale;

"Site"

means our website located at www.marcelloandferri.com

"Store"

means a UK based store selling our original product with legal right;

"we", "our" or "us"

means either Marcello and ferri or Mahad International, Victory house, 400 Pavilion Drive, Northampton Business Park, Northampton, NN4 7PA

"you" or "your"

means you, the customer.

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