Terms and conditions

Terms and Conditions

You should read these terms and conditions (“Terms”) carefully before placing an order with MyMateMark.com.  If you have any queries in relation to the Terms please contact us prior to placing any order on customerservice@mymatemark.com

Application

1.1       mymatemark.com (the "Site") is a website operated by MyMateMark Limited ("MMM") a company incorporated in Scotland (registered number SC352228) and having its registered office at Halbeath Interchange Business Park, Kingseat Road, Halbeath, KY11 8RY.  Our VAT Number is 121343463.

1.2       These Terms (together with any relevant documents referred to in them (including the Refunds Policy and Privacy Policy found on the Site) set out the terms and conditions on which we shall supply an item and/or items ("Item" and/or “Items”) to you through the Site.

1.3       When you agree to purchase any Items through the Site you will be required to tick the box titled "I am aged 18 years or over and agree to the terms and conditions" to progress to complete your order. By ticking this box and clicking the Proceed button and/or by using the Site to purchase Items you are accepting these Terms and, if relevant, any Item specific terms (“Item Terms”). Any terms and/or conditions which you seek to impose in respect of your purchase of Items through the Site will not form part of any contract between us.

1.4       In the event that Item Terms apply in addition to or in substitution of these Terms in respect of certain Items available on the Site, such Item Terms will be clearly indicated and featured on the Site in the order process for the relevant Item.

1.5       In the event of any conflict or inconsistency between any of these Terms, the Item Terms and/or the Privacy Policy in respect of your use of and/or order for Items the following order of precedence will apply:

• Item Terms
• Terms; and
• Privacy Policy

1.6       It is recommended that you review these Terms each time you purchase Items and print a copy of these Terms for your future reference.

About You

2.1       By placing an order for Items through the Site, you confirm and warrant that:

Registration and Deal Alerts

3.1       You do not need to register with the Site to place an order for Items, but you will be required to provide us with certain information including certain personal and payment/billing details so that we can process your order.  You may also choose to provide us with additional information about yourself by updating the information detailed in the My Profile page.

3.2       You may also choose to provide us with certain information about you as part of the process of signing up to Deal Alerts and/or by submitting information through the “Tell Us What You Need” feature of the Site.

3.3       In all cases, you agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.

3.4       Please help us to ensure that the details you provide us with are kept up to date. You can access and update your information by visiting the My Profile area of the Site and making the necessary changes.  Alternatively, you can contact us at customerservice@mymatemark.com and we will endeavour to assist.

Order Placing and Contract

4.1       The Site works by making a limited number of Items available in a deal.  Each deal has a limited time period within which the relevant number of Items are available and can be purchased.  In the event that you agree to purchase an Item or Items, an authorisation is taken from your payment card in respect of the relevant amount but no money is taken at that time.  You will receive an e-mail from us confirming that the authorisation process has been successful.

4.2       In the event that the relevant number of Items are sold within the time period, payment will be taken from the card details provided and the Item dispatched to you at the delivery address provided as part of the order process.  You will receive an e-mail from us confirming that the deal is successful and noting the anticipated delivery date. 

4.3       Notwithstanding that the relevant number of Items detailed on the Site have not been sold (shown as Deals Done on the Site) within the time period available, we reserve the right at all times after a successful authorisation has been taken from your card, to take payment and dispatch the Items to you even where the relevant number of Items shown on the Site for the deal have not been reached and/or prior to the expiry of the time period available.  The Site may also show that a certain number of Items have been purchased (shown as Deals Done on the Site) although this may subsequently change as a result, for example, of failures in the payment authorisation process.  These details are therefore indicative only.

4.4       Subject as aforesaid, in the event that the relevant number of Items are not sold within the time period, and MMM have determined that the relevant deal has failed, payment will not be taken from the card details provided and the authorisation taken from your payment card will be cancelled.  You will receive an e-mail from MMM confirming that the deal has failed.

4.5       After agreeing to Proceed with your purchase of an Item and successfully completing the payment authorisation process, you will receive an e-mail from us setting out the details of your order and acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. You must check that the details on this e-mail are correct as soon as possible as your order represents an offer to MMM to buy the relevant Item or Items. We recommend you print out and keep a copy of that e-mail.

4.6       The contract for the purchase of any Item (the “Contract”) will be between you and MMM and will only be formed, unless otherwise accepted in writing by MMM, when you are sent the dispatch confirmation (“Dispatch Confirmation”) from our carrier service and we have received payment in full for the Item. Until you are sent the Dispatch Confirmation and receive payment in full there is no contract between you and us for the Items (unless otherwise accepted in writing by MMM). Until this time, we reserve the right, in our sole discretion, to reject any order we receive.

4.7       The Contract will relate only to those Items whose dispatch we have confirmed in the Dispatch Confirmation and for which we have received payment in full. We will not be obliged to supply any other items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.

Availability and Delivery

5.1       All Items featured on the Site are subject to availability.  We will endeavour to fulfil your order as soon as reasonably possible in accordance with the delivery guidelines that we provide from time to time on the Site.  These delivery guidelines (shown as Delivery in the Deal Details Box on the Site) run from the time and date that the deal ends (shown as Deal Ends in the Deal Details Box on the Site).  They are estimates based on availability, order processing and arrangements with delivery companies. We will fulfil your order within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances or Force Majeure events. We will use reasonable endeavours to keep you informed by email if any of the Items which you have ordered are unavailable or there are delays with ordering/dispatching them.

Price and Payment

6.1       The price of any Item will be as quoted on the Site and includes VAT and delivery within mainland UK, except in the case of obvious error.

6.2       We use our best efforts to ensure the prices of Items displayed on the Site are correct. However, our site contains a number of Items and it is always possible that, despite our best efforts, some of the Items listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where an Item’s correct price is less than our stated price, we may at our discretion charge the lower amount when dispatching the Item to you. If an Item’s correct price is higher than the price stated on the Site at the time you placed your order, we will normally, at our discretion, either contact you for instructions before dispatching the Item (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.

6.3       We are under no obligation to provide the Item to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised as a pricing mistake. We reserve the right to withdraw from the contract including any accepted Contract in the case of obvious pricing errors.

6.4       The prices on the site include VAT and delivery costs to mainland UK.  Delivery outwith mainland UK is excluded from the price on the Site and any such costs will be added to the total price shown. Delivery costs are set out at the time that you place your order.

6.5       Payment for all Products must be by credit or debit card. We accept the credit and debit cards displayed on the Deal Checkout page of our Site from time to time. No other methods of payment will be accepted.

6.6       By providing the details of a credit or debit card for authorisation purposes and for the purposes of making payment of the price due, you confirm that you are authorised to purchase the Items and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such.

6.7       All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will endeavour to contact you to discuss the next steps.

6.8       Any credit card/debit card billing address must be in the United Kingdom. By placing an order for Items you agree that we may store, process and use personal data collected from you for the purposes of processing your order and fulfilling the Contract and otherwise in accordance with our Privacy Policy (which can be found by following the Privacy Policy link on the Site). We work with third parties that help us provide the Items to you including card payment and collection companies and delivery companies and they will also have access to your personal data to the extent necessary to help us process/fulfil your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy.

Retention of Title

7.1       We will retain ownership of all Items, which will only pass to you when we receive full payment of all sums due in respect of the Item.

Returns and Refunds

8.1       Full details of your rights in respect of incorrect, faulty, damaged or defective Items are as detailed in our Refunds Policy which is available on the Site.  The Refunds Policy is referred to for its terms and is held to be incorporated in these Terms for the sake of brevity.

8.2       In the unlikely event that you do not receive Items ordered by you and in relation to which you have received an e-mail notifying you of the successful conclusion of the relevant deal within one month of the date on which they were dispatched to you, please contact us at customerservice@mymatemark.com

Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU

9.1       We warrant to you that any Item purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which such Item is commonly supplied. We do not make any other promises or warranties about the Items.  You agree that your use of the Site to purchase Items and your use of the Items themselves is at your sole risk.

9.2       If you or we are in breach of the Contract, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a reasonably foreseeable as a direct result of the breach.

9.3       Our aggregate liability to you for all losses you suffer as a result of any breach of Contract is strictly limited to the purchase price of the relevant Items affected.  We are not responsible for indirect or consequential losses of any kind howsoever arising (and whether caused by delict (including negligence), tort, breach of contract or otherwise including but not limited to loss of income or revenue, loss of business,        loss of profits or contracts, loss of anticipated savings, loss of opportunity or goodwill or loss of, damage to or corruption of data.

9.4       This paragraph 9 does not exclude or limit in any way our liability:

Import Duty

10.1     If you order Items from our site for delivery outside the UK, they may be subject to import duties, levies and taxes which are imposed when the delivery reaches the specified destination. You will be the importer of record and will be responsible for payment of any such import duties, levies and taxes. We have no control over these charges and cannot predict their amount. We recommend you contact your local customs office for further information on what these charges may be before placing your order. Please note also that cross border deliveries could be opened and inspected by customs authorities.

10.2     Please note that you must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable for any breach by you of any such laws.

Written Communication

11.1     Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Notices

12.1     All notices given by you to us must be in writing and given to MyMateMark Limited at its current registered office.  We will give notice to you at either the e-mail or billing address you provide to us as part of your order process. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.

Transfer of Rights and Obligations

13.1     Neither you nor we may transfer, assign, charge or otherwise dispose of a Contract, or any rights or obligations arising under it, without the other's prior written consent. You agree however that we may sub-contract our obligations (for example contracting with a third party delivery company to deliver the Item) provided that we remain responsible to you for the performance of the Contract.

Force Majeure

14.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

14.2     A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.

14.3     Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

15.1     If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2     A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3     No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.

Severability

16.1     If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining Terms which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

17.1     We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. These Terms (and the documents referred to in them) constitute the entire agreement between us and you, to the exclusion of all other terms and conditions. If you are uncertain about your rights or think there is a mistake or that these Terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing.

Variation of Terms

18.1     We have the right to revise and amend these Terms from time to time including to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities.

18.2     You will be subject to the policies and terms and conditions of sale in force at the time that you order Items from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

Governing Law

19.1     Contracts for the purchase of Items through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the Scottish courts.

Questions or complaints?

If you have any queries at all regarding the Site, the items featured on the Site or any of the Terms, please do not hesitate to contact us via e-mail at customerservice@mymatemark.com, or via post at MyMateMark Limited, Halbeath Interchange Business Park, Kingseat Road, Halbeath, KY11 8RY.