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Mark Wilkinson Furniture a Division of Canburg Ltd.
Registered Office
207 Marsh Wall
London
E14 9YT
Company Number 6841786
Terms & Conditions of website use and Disclaimer
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE (THIS "SITE"). By using this Site, you agree to these terms of use. If you do not agree to these terms, you may not use this site. Mark Wilkinson Furniture a Division of Canburg Ltd. ("MWF") reserves the right, at any time, to modify, alter or update these terms of use, and you agree to be bound by such modifications, alterations or updates on subsequent visits.
Payment
MWF accepts all major credit cards and uses a secure payment system. Payment may also be made by international money order, by a cheque drawn on a UK bank made payable to 'Mark Wilkinson Furniture a Division of Canburg Ltd.' or by an inter-bank transfer to the following bank account:
Account number: 0858960 Sort code: 30-92-63
Prices and Ordering
The placing of a product on this site is an invitation to accept offers for products and is not an offer to sell at this listed price. All orders for products are offers to purchase and are subject to acceptance by MWF. Acceptance takes place when MWF sends you confirmation by email to this effect, regardless of whether you receive it or not, but only on the condition that MWF may subsequently not be able to ship the items, or may decide on reasonable grounds not to do so. Such reasons may include (but are not limited to) safety concerns, product availability, or for the reason that the product ordered has been listed for sale at an incorrect price due to typographical error or other error in pricing information. In any event, please check the details in our confirmation email on receipt and notify us immediately if any amendments need to be made. Price and availability information is subject to change without notice.
MWF reserves the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further and better information to enable it to evaluate and/or process the order.
Shipping
We aim to give you at least 10 days notice of the dispatch date ("Dispatch Date"). It is your responsibility to provide reasonable, safe and proximate access to the delivery address (the "Premises") for the delivery personnel and their vehicle failing which we reserve the right to charge you for any additional costs incurred in effecting delivery. Delivery will be to the kerbside adjacent to the Premises for all deliveries in the US or Canada and to the ground floor main entrance of the Premises for deliveries outside the US or Canada.
Delivery within the UK will be by a carrier nominated by us. Delivery to all other places will be undertaken by Air Action Group or such other carrier that we subsequently nominate.
Without prejudice to the statutory rights afforded to consumers under English law, MWF accepts no liability for any failure to ship products where this results from its inability to do so or its decision on reasonable grounds not to do so, provided that it takes all reasonable steps to notify you within 14 days of order placement that products will not be shipped as ordered. In such cases, MWF will not process any payment or will immediately refund any payment made in full. It is your responsibility to ensure that you order from MWF with sufficient lead time to prevent any loss or disappointment resulting from such non-shipment.
Taxes
If you are a resident of the European Union, VAT will be added. If you are a non-EU resident, VAT will not be charged although you will bear responsibility for local import charges and taxes levied in your country of residence.
Title and Risk
We retain ownership of any products ordered until we have received full payment for such products.
Returns
You must notify us of any shortages, damages, defect in quality or conditions of the product or failure of the product to correspond with the specification within a reasonable period of time. We would normally expect to receive such response within seven (7) days of the date of delivery or where the defect or failure was not apparent or reasonable inspection, within seven (7) days after discovery of the defect or failure. Failure to notify us within the reasonable time period will result in the loss of your right to reject the goods and your right to have the defects remedied subject to our absolute discretion. As the products supplied by us are bespoke, you are not entitled to reject a product for reasons other than those set out above. Your statutory rights are not affected.
Typographical and Pricing
Errors In the event a product is listed at an incorrect price due to typographical error or error in pricing information, MWF shall have the right without any liability whatsoever to refuse or cancel any orders placed for product listed at the incorrect price. MWF shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order has been cancelled, MWF shall issue a credit to your credit card account in the amount of the incorrect price.
Warranty for Products Supplied by MWF
MWF excludes all warranties, conditions and implied terms to the maximum extent permitted by applicable law. Except in respect of death or personal injury caused by MWF's negligence, MWF excludes all liability arising out of or in connection with this contract to the maximum extent permitted by applicable law.
Disclaimers and Limitation to MWF's Liability for the Site
MWF provides the Site and its contents 'as seen' and makes no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, content, information, materials or year 2000 compliance. In addition, MWF does not warrant that the information accessible via this Site is accurate, complete or current. MWF disclaims all warranties, express or implied, of any kind with respect to the Site or its use, including but not limited to satisfactory quality and fitness for a particular purpose. You agree that MWF, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential.
We are not liable for the supply of any third party products and the terms and conditions of the supply of third party products are subject to the relevant suppliers' terms and conditions. Goods that are supplied directly from third party sites are clearly marked accordingly on the website and MWF merely act as agents for such third parties in supplying their goods.
Any third party goods purchased over the Site are at all times subject to the warranty provided with such goods in relation to which we have no liability to you.
Our liability to you is at all times limited to the cost of the products supplied and does not at any time include any indirect loss or loss of profit.
Governing Law
Any contract made between you and MWF is deemed to have been concluded in England and will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales and you and MWF irrevocably submit to the non-exclusive jurisdiction of England and Wales.
External Sites
This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "external sites"). MWF is not responsible for the availability of, or the content located on or through any external site, nor for any transactions between you and such sites (including as to 'personal data', confidential information, or purchases of goods or services). [You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links, content or transactions].
Copyright
All rights in the site design, text, graphics and other content, interfaces and the selection and arrangements thereof, underlying source code, software (including applets) and all other material on this Site belong to MFW or its licensors. All rights are reserved save as set out below. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with MWF. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution or republication, without prior written permission of MWF is strictly prohibited.
You acknowledge that you have no rights in respect of any of the Intellectual Property (including but not limited to any means any copyright works, inventions, domain names, patents, web-rights, online rights, registered design, trademark, confidential information, know-how, show-how or other industrial or intellectual property right registered or unregistered) of MWF in respect of any of MWF's products or those of its suppliers (collectively the "Products"). You agree not to reproduce or cause to have reproduced any of MWF's Products or designs.
Trademarks
All trademarks, service marks and trade names (collectively the "Marks") are proprietary to MWF or other respective owners that have granted MWF the right and license to use such marks.
Security
MWF offers secure credit card ordering which means that you can pay with your credit card with total peace of mind about safety and security. The use of email or other communication methods may not be secure and we recommend against sending information otherwise than directly through our Site. If you choose to send credit card information otherwise than directly through our website, this is done at your risk and you shall bear any and all losses which you incur as a result and in no event shall any such losses in whole or in part be borne by MWF. If you are using a public computer, you must sign out when you have finished shopping.
Privacy
At MWF we are committed to protecting your privacy. We use the information we collect about you to process the orders you submit to us and to provide you with a more bespoke shopping experience.
The data controller of the MWF Site is Mark Wilkinson Furniture a Division of Canburg Ltd. whose registered office is situated at Overton House, High Street, Bromham, Nr. Chippenham, Wilts SN15 2HA, company registration number 6841786. Our nominated data protection representative dealing with data protection issues is Gordon Munro. The personal data collected by us on you will be evaluated periodically to determine whether we should continue to hold it. You will be notified from time to time through our mailings of the continued use of your personal data and be given the opportunity to notify us if you do not wish to continue to receive mailings [by sending a blank email to nothankyou@mwf.com]. We will not be exporting your data outside the European Union and will only be storing the information supplied by you together with details of the activities you have undertaken with us and mailings we have sent to you on your data file. We will use your personal data to send you details of furniture related products and services offered by us, as sponsors or marketing partners or members of our group. If you do not wish to receive any mailings please email nothankyou@mwf.com.
While we do not sell, trade or rent your personal information to others we may choose to do so in future with trustworthy and specified third parties. We will always email you prior to doing such a thing in order to gain your specific permission to transmit your data in such a way. We may provide aggregate statistics about customers, sales, traffic patterns and related site information to reputable third party vendors but these will not include any personally identifying information. By clicking above you consent to the collection and use of your personal data by MWF. In the event that we decide to change our privacy policy we will post such changes on this page in order that you are always aware of the information we collect, how we use it and under what circumstances we disclose it.
Force Majeure
Our performance of any part of a contract with you is subject to variation or cancellation and the grant of an extension of time from any cause arising from an act of God, war, strikes, lock-outs, flood, drought or other cause of any nature whatsoever beyond our control or owing to inability and time to procure materials, labour or any articles at all and you agree to accept increased prices for the products due to any of the aforesaid reasons. In all circumstances time is not of the essence of the contract.
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