Terms and Conditions
These Terms and Conditions apply to any and all transactions using any service(s) offered by Oakley Trade Services Limited (the Company) t/a Merrows, especially this website and all facilities connected with the website, including the sale of goods, return of goods.
Merrows is an experienced online retailer and has traded since 2003 selling goods online. The Company has built experience in delivering goods, taking payments, website construction, product reviews, and product handling. This experience should make the buying process smooth.
Merrows sells in good faith and these Terms and Conditions are written only to formalise the customer company relationship and nothing is designed to trick or fool anyone. These Terms and Conditions express conditions commonly seen on websites. Please print this document for reference, and keep all paperwork (eg receipts) from the Company.
Contractual Terms Defined
Competition Prize Draws
On February 5, 2007, the Free Prize Draw will be converted to a competition prize draw.
The Competition will based on bathrooms and free to enter. Anyone can enter and be given an equal chance of winning. A contestant can enter only once per month. The prize amount will be stated on the Prize Draw Homepage.
The decision of Merrows is final regarding all quiz determinations such as questions, answers, and selection of winners.
Winners will be selected as follows:
Winners have their name and town posted at the Merrows site to show the quiz is genuine.
Free Prize Draws
The Companys offers from 5th December 2006 a PRIZE DRAW. This draw is open to anyone and no purchase is required. However, all customers are automatically entered. Non customers must enter by sending a letter stating their name, address, phone number to the address given under Contact Us. The Company accepts no liability for lost or damaged post whatsoever.
The draw will select an entrant at random and be paid every month. All entrants are given an equal chance. When the month has ended the entrants database is deleted and therefore the new month starts afresh. There shall be just one winner every month. The value of the prize may vary from month to month and will be stated on the Prize Draw Homepage.
To accept a prize, a winner agrees to some reasonable publicity. This shall not be harass or bother the winner, but merely to show that the draw is genuine. The winner therefore agrees to have their details published at the merrows.co.uk website, but their details will be not enough to allow strangers to identify them, ie the full address of the winner is not shown.
If a winner declines the prize or refuses to allow any publicity, then draw is re-done.
The Company decision is FINAL regarding an outcome of a draw.
The Company is a retailer of thousands of items from retail premises and websites. The About Us has full details. The Company has made large investments in technology and retail space to provide good prices and services to customers.
Special Discounts only are reversed if a refund is claimed by the Customer. A Special Discount is free delivery on selected items, as a promotion. If the item is returned and is in good working order, then the delivery is charged and the refund is then the original cost with delivery charges subtracted. In other words, the Special Discount is reversed, and delivery charged. The delivery cost is a real cost, and made to carriers and organisers of carriage. It is always shown on the Cart and paperwork from the Company.
Merrows can offer extra terms to volume buys, trade customers, or for price matching. Strict conditions are applied to such terms.
All trade terms are strictly CONFIDENTIAL. If they are disclosed whatsoever to any third party, then the terms are immediately negated and no longer offered.
All price matched terms are strictly CONFIDENTIAL. If they are disclosed whatsoever to any third party, then the terms are immediately negated and no longer offered.
All extra discount terms are strictly CONFIDENTIAL. If they are disclosed whatsoever to any third party, then the terms are immediately negated and no longer offered.
If any special terms as described above (trade, price matched, extra) are disclosed to any third party, without the express written consent of Merrows, then you as the Customer are liable for any and all damages suffered by Merrows as a result of that disclosure. This includes but is not limited to, loss of trade or business as a result of such a disclosure, financial loss due to Merrows losing its own trade terms resulting from your disclosure, or any other loss due to your disclosure.
This clause is included to protect Merrows from advserity resulting from confidential terms being made available to competitors or companies which intend to sell similar or the same goods as Merrows. This clause is aimed especially at trade offers.
Carriers have a maximum time limit on making claims which varies, but normally is limited to a maximum of 28 days, but can be much less. Therefore, you the Customer MUST check on goods on receipt for transit damage. Damage reported after 7 days cannot be the subject of a claim against Merrows. This restriction is there since the carriers themselves have limits. It is very important that when goods arrive, they are completely checked and any damage immediately reported to Merrows.
Special Orders are which are made available to overseas customers, business customers, or retail customers ordering an item deemed special by the supplier. For retail customers most orders are not special orders. If in doubt ask at order time. Special Orders cannot be returned without a re-stocking fee which is 25% of the purchase price, and in some cases (eg a bespoke product), no return is possible at all. If in doubt, ask at order time.
Prices and Deliveries
Trade sales, these are sales made to companies, sole traders, others engaged in commercial trade, are EXEMPT from a returns policy. This means that no RIGHT OF RETURN exists without a RE-STOCKING charge. This can be very high - as much as 50%. This condition exists in normal English law and is due to trade customers being more informed about products. RETAIL customers (individuals) have FULL sale and return within 7 days with no charges except shipping charges - collection and delivery.
Custom orders for both retail and trade are exempt from sale and return. Custom orders are orders for goods which cannot be re-sold. For example a special finish on a bathroom product. Very few orders are custom orders, and the basic criteria is that if something can be re-sold then return is possible. Since custom orders cannot be re-sold no return is possible. Some goods are made-to-order, such as towel rails, but they are from the catalog. These are not special orders, and they have sale and return rights.
Sale and Return
ALL GOODS must be checked on receipt by the Customer and any claim that goods are damaged MUST be made IMMEDIATELY or within 7 days from receipt. Then an inusrance claim is made. But insurers limit the time allowed for a claim. So it is important to immediately notify the Company of any damage. This does not refer to damage which occurs during operation of the goods, which may be covered by a manufacturer's guarantee.
Goods must be returned within 30 days from delivery date to the Customer. A refund request must be made within 7 days of receipt. After this 30 days, no right of return exists.
If you have any doubt about any Terms and Conditions then please contact the Company for clarification.
None of the terms and conditions affect the Customer's statutory rights as a consumer.Images
All images are used for illustration purposes only. Due to the limited nature of images, sometimes one similar image is shown against several products. The image will be close to the actual product. Some examples are below:
An agreed commission is paid for referrals from approved affiliates. This commission is shown on the page advertising the products for sale, for example the A389 page. An approved affiliate is one which correctly advertises the Merrows product lines in fashion as Merrows advertises and the products are not under or over sold, or misrepresented in any fashion. Once approved all customers which come via the affiliate are recorded by Merrows and a commission is then paid following a sale which is NOT returned. A returned sale generates no commission at all. Merrows approves the affiliate at it sole discretion and is able to withdraw the approval without notice which would then terminate the commission structure.
However, Merrows would only take an extreme step like termination is an affiliate was not representing the products correctly, or acting in bad faith. The role of the affiliate program is that Merrows and the affiliate make more profits since more sales are generated. Merrows does not refund costs of the affiliate for advertising or other costs of the affiliate, and Merrows is not liable for the affiliates costs or taxes in any sense.
The role of affiliate is well established in Web trade and Merrows seeks to mirror known methods which are summarised above. The affiliate does not speak for Merrows, or make any decisions about Merrows, but the affiliate merely passes or refers a customer to Merrows. That is the sole extent of the relationship.
Merrows shall not be held liable for errors in accounting or calculating Affiliate payments, and commissions, or any financial matter. Merrows shall be able to fully recover any losses due to an error at Merrows. The Affiliate agrees to inform Merrows should an error occur which is know to the Affiliate.
Affiliates cannot earn a payment from customers who are members of their immediate family (eg spouse, sister, brother), or from referring themselves.
The Company is a full Card Merchant and transactions are completed direct with Barclaycard. Orders can be made via phone, or via a website. All Web transactions are made in accordance with banking security including site encryption. The bank check the customer's address, card details, and other details to confirm the transaction is valid. This is to protect the customer.Website Access
The Company grants the Customer a limited license to access and make use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.
This license does not include any resale or commercial use of any Company site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Company sites or their contents; any downloading or copying of account information for the benefit of another merchant.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company, except by search engines which aid Company sales by listing the Company's product descriptions and services.
The Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and the Company's affiliates without express written consent.
The Customer may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company.
Any unauthorized use terminates the permission or license granted by the Customer. The Customer is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. The Customer may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.Waiver
If the Customer breaches any condition and the Company takes no action, the Company shall still be entitled to use its rights and remedies in any situation or circumstances where the Customer has breached these conditions.Copyright
All content included on on all Company sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by English and international copyright laws.
The compilation of all content on this site is the exclusive property of the Company and protected by English and international copyright laws.
All software used on all Company sites is the property of the Company or its software suppliers and protected by English and international copyright laws.Customer Accounts
If the Customer uses any Company site or service, the Customer is responsible for maintaining the confidentiality of the Customer's account and password and for restricting access to the Customer's computer, and the Customer agrees to accept responsibility for all activities that occur under the Customer's account or password. The Company does sell products to children, but it sells them to adults, who can purchase with a credit card. If the Customer is under 18, the Customer may use the Company's services only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.Refunds and Complaints
The Company reserves the right to make changes to any Company site, service, policies, and these Conditions of Use and Sale at any time.
The Customer will be subject to the policies and Conditions of Conditions of Use and Sale in force at the time that the Customer use a Company service or site or that the Customer order goods from the Company, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.Contracts
TO THE FULLEST EXTENT PERMITTED AT LAW, THE COMPANY IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither the Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site, or the goods supplied by the Company. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, the Company does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of the Company, its affiliates, directors, employees or other representatives.