These terms and conditions (as amended under clause 9.9) (“Conditions”) govern the supply of Goods by Mark3D Limited, a limited company registered in England and Wales under company number 11124772 having its registered office at the Innovation Centre, 1 Devon Way, Longbridge, Birmingham, B31 2TS (“Mark3D”) to the person or firm who buys such Goods (“the Client”).
These Conditions apply to the exclusion of any other terms that the Client seeks to impose, or which are implied by trade, custom, practice or course of dealing. The definitions and rules of interpretation set out in clause 10 shall apply in these Conditions.
Please pay particular attention to clause 7 (Indemnities/Limitation of Liability) which sets out the extent of Mark3D’s liability.
1 ORDER PROCESS
1.1 Mark3D’s Quote in respect of the Goods shall not commit Mark3D and is not a binding offer. The Quote shall remain valid for the period specified in the Quote or, if no period is specified then, for a period of 30 days from the date of issue (except for Quotes shown on the Website, which are valid only at the time of their being displayed). All Orders placed with Mark3D by the Client for Goods shall constitute an offer by the Client to buy those Goods that are set out in the Quote on these Conditions, and Mark3D may decide whether or not to accept that offer. Mark3D reserves the right to withdraw or amend any Quote prior to a Contract being formed.
1.2 The Client may place an Order for Goods by: (a) telephone or in person; (b) signing and returning the Quote; (c) submitting an electronic order in the manner directed by Mark3D; or (d) submitting a purchase order to Mark3D. Orders placed under clauses 1.2(a) 1.2(b) or 1.2(c) may, at Mark3Ds discretion, need to be confirmed by a purchase order.
1.3 Any purchase order provided by the Client shall specify the Goods required and reference Mark3D’s quotation number(s) or, in the absence of a quotation number, the date and time of the relevant correspondence (whether by email or otherwise).
1.4 Mark3D may accept the Order by: (a) issuing an Order Acknowledgment to the Client; or; (b) delivering the Goods at which point a binding Contract for the purchase of those Goods shall be formed).
1.5 Orders cannot normally be cancelled or amended by the Client once a Contract has been formed; however, Clients wishing to request cancellation should contact Mark3D as soon as possible. Mark3D will subsequently notify the Client as to whether or not the Order can be cancelled and (if applicable) what committed costs the Client will remain liable for.
1.6 Mark3D reserves the right to cancel any Contract with the Client if: (a) Goods are withdrawn by the Supplier; or (b) the Supplier increases the charges for Goods to Mark3D; or (c) specifications of Goods are varied by the Supplier.
1.7 The Client represents and warrants that all of the Client’s employees who submit Orders (including electronic orders) are authorised by the Client to do so.
2 DELIVERY, ACCEPTANCE AND INSTALLATION
2.1 Mark3D shall deliver to the Client at the Delivery Location (and where stated in the Quote, Install) the Goods, as stated in the Quote or at any time after Mark3D notifies the Client that the Goods are ready.
2.2 Delivery dates are approximate only and time of delivery is not of the essence. Delivery shall be completed on the Goods’ arrival at the Delivery Location. The Client is responsible for unloading.
2.3 If the Client fails to accept or take delivery of the Goods (including failing to provide appropriate delivery instructions to Mark3D within 5 Business Days of Mark3D notifying the Client that the Goods are ready): (i) delivery of the Goods is deemed to be complete at 9.00am on the 7th Business Day following attempted delivery or notification that the Goods are ready; and (ii) Mark3D shall store the Goods until delivery takes place, and charge the Client for all related costs and expenses (including insurance). If 10 Business Days after Mark3D notified the Client that the Goods were ready for delivery the Client has not accepted or taken delivery of them, Mark3D may resell or otherwise dispose of all or part of the Goods and, after deducting reasonable storage and selling costs: (i) account to the Client for any excess; or (ii) charge the Client for any shortfall below, the price of the Goods.
2.4 Mark3D may deliver in instalments, each constituting a separate Contract, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Client to cancel any other instalment.
2.5 Risk in the Goods shall pass to the Client on completion of delivery at the Delivery Location.
2.6 Mark3D must be notified of damaged/faulty Good within 24 hours of delivery. A signature made against a delivery is confirmation that the Client has received the Goods as stated on the Delivery Note. If the packaging appears damaged, please ensure you note this when signing for the package and contact Mark3D immediately by telephone on 0800 193 3650.
2.7 Mark3D shall not be liable for any shortfalls in delivery or variation from Product specification on delivery unless a claim in writing is made by the Customer within 5 days of delivery.
2.8 In circumstances where Mark3D has attempted to physically deliver Goods to the Client and the Client is unable or unwilling to accept such delivery, the Client will be charged for the cost of the failed delivery in addition to any and all subsequent attempts. If the Client is unable to accept delivery, a new date shall be set by mutual agreement of the parties. If the Client is unwilling to accept delivery, the parties shall seek to vary the Contract as appropriate by mutual agreement or the Client shall seek to terminate the Contract in accordance with Clause 8 of these Terms and Conditions.
2.9 Acceptance of a delivery is deemed to occur on the signing of the Delivery Note on the date of delivery, which date shall be recorded on the Delivery Note.
2.10 If, as a result of defects or exclusions in a delivery of Goods, the Client does not sign a required Delivery Note, further work may be agreed between the parties to remedy such defects. Mark3D shall use all reasonable endeavours to undertake such work without delay.
2.11 If, as a result of defects or exclusions in a delivery of Goods, the Client does not sign a required Delivery Note and subsequently uses the Goods provided without prior agreement as to any remedial work on the part of Mark3D then the Client is deemed to have accepted the same.
3.1 The return of Goods shall be at the sole discretion of Mark3D but in any circumstance where Mark3D agrees to accept return of Goods for any reason then the Client shall:
3.2 advise Mark3D within 3 days from the date of delivery of by Mark3D of the reason(s) for the proposed return of Goods;
3.3 obtain a returns form from Mark3D prior to any return of Goods;
3.4 complete and return to Mark3D the returns form to arrive at Mark3D within 5 days from the date of delivery of Goods by Mark3D;
3.5 properly pack the Goods in the original packing where possible and include a detailed packing list;
3.6 return the Goods in the condition in which they were received to arrive at Mark3D within 10 days from the date of delivery of Goods by Mark3D; and
3.7 take no action to effect any warranties that may cover the Goods.
3.8 Mark3D shall be entitled to levy to the Client a reasonable administration charge in respect of return of Goods and the Client shall pay the same to Mark3D within 14 days of invoice.
4.1 Title to the Goods shall not pass to the Client until Mark3D has received payment in full (in cleared funds) for the Goods (and any other goods and/or services that Mark3D has supplied to the Client or any part of its group for which payment is due). From delivery until title has passed to the Client, the Client shall: (i) hold the Goods on a fiduciary basis as Mark3D’s bailee; (ii) store the Goods separately from all other goods and ensure they are readily identifiable as Mark3D’s property; (iii) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; (iv) maintain the Goods in satisfactory condition and keep them insured on Mark3D’s behalf against all risks for their full price; (v) give Mark3D such information relating to the Goods as Mark3D requires, but the Client may use the Goods in its ordinary course of business.
4.2 If an Insolvency Event occurs (or Mark3D believes one is about to occur) before title to the Goods passes to the Client, if the Goods have not been resold or irrevocably incorporated into another product or service, (without limiting its other rights or remedies) Mark3D may demand the Client deliver up the Goods and, if the Client fails to do so promptly, enter any premises of the Client (or a third-party) where the Goods are stored to recover them.
5 CHARGES AND PAYMENT
5.1 The price for Goods is the price set out in the Quote.
5.2 Mark3D reserves the right to: (i) increase the price of the Goods by giving notice to the Client at any time before delivery to reflect any increase in the cost of the relevant Goods to Mark3D that is due to: (a) a Sourcing Issue or a change in Applicable Law; (b) any request by the Client to change the delivery or performance date(s) or quantities or types of Goods; or (c) any delay caused by any instructions of the Client in respect of the Goods or failure of the Client to give Mark3D adequate or accurate information or instructions in respect of the Goods,.
5.3 Mark3D shall invoice the Client for Goods on despatch. Prices are exclusive of (i) all packaging and transport costs; and (ii) value added tax, which shall be added to the applicable invoices. The Client shall pay each invoice in full (without any deduction or withholding) under the Credit Terms and time for payment is of the essence. Should Mark3D believe that the credit worthiness of the Client has reduced, Mark3D may vary the Credit Terms on written notice to the Client. Without limiting any other right or remedy of Mark3D, if the Client fails to make any payment due to Mark3D by the Due Date, Mark3D may charge interest on the overdue amount at 8% per annum above then current Lloyds base rate accruing on a daily basis from the Due Date until the date of actual payment, whether before or after judgment, and compounding quarterly.
5.4 Mark3D may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by Mark3D to the Client.
6.1 Mark3D shall supply the Goods to the Client pursuant to each Contract. The parties acknowledge that Mark3D is not the manufacturer of the Goods. As a reseller of such Goods, Mark3D agrees to pass on to the Client the benefit of any warranties that it obtains from the manufacturer of the Goods (“Manufacturer Warranties”) and shall provide details of the same within the Quote, for the period that such Manufacturer Warranties are afforded to Mark3D (“Warranty Period”).
6.2 The Client acknowledges that the Goods may be subject to Additional Terms. Where applicable the Client shall comply with the Additional Terms in full and agrees that failure to do so shall be a material breach of the Contract which is not capable of remedy.
6.3 Where the Client claims under any of the Manufacturer Warranties (and such claim is justified), the terms of the Manufacturer Warranties shall determine the Client’s recourse. Mark3D shall use its reasonable endeavours to assist the Client to obtain such recourse (subject to the Client reimbursing Mark3D’s reasonable expenses relating to the same) but shall not be responsible if the manufacturer refuses to comply with any such warranty or if the manufacturer is unable to comply where, for example, it has become insolvent.
7 ***INDEMNITIES/LIMITATION OF LIABILITY***
7.1 Nothing in these Conditions shall limit or exclude Mark3D ‘s liability for: (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded by law.
7.2 Subject to clause 7.1, Mark3D’s liability (whether in contract or otherwise) is limited as follows: (i) Mark3D shall not be liable for: (a) any delay in delivery of the Goods; or (b) any failure to deliver the Goods that is caused by a Force Majeure Event or the Client’s failure to provide Mark3D with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods; (ii) if Mark3D fails to deliver the Goods, its liability is limited to the costs and expenses incurred by the Client in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods; (iii) Mark3D’s total liability to the Client in respect of a breach of warranty relating to Goods is limited to repair, replacement or refund as described in clause 6.3; (iv) Mark3D shall not be liable to the Client for any loss of profit, any anticipated savings, loss of business opportunity, loss of goodwill, loss of or corruption of data, or any indirect, consequential or special loss arising under or in connection with a Contract; and (v) Mark3D ‘s total liability to the Client in respect of all losses arising under or in connection with a Contract shall in no circumstances exceed the value of the Contract.
7.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. This clause 7 shall survive termination.
8.1 The Client may only terminate a Contract as detailed in the Quote, provided that, without limiting its other rights or remedies, the Client may terminate a Contract with immediate effect giving written notice to Mark3D if Mark3D commits a material breach of such Contract and (if such breach is remediable) fails to remedy that breach within 30 days after receipt of notice in writing of the breach from the Client.
8.2 Without limiting its other rights or remedies, Mark3D may terminate the Contract by giving the Client 1 month’s written notice; or (ii) with immediate effect giving written notice to the Client where: (a) necessary as a result of Applicable Law; (b) a Sourcing Issue has occurred which affects such Goods; (c) a Force Majeure Event prevents Mark3D from providing Goods, for more than 2 weeks (c) the Client commits a material breach of its obligations under a Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing of the breach from Mark3D; (d) an Insolvency Event has occurred; (e) the Client fails to pay any amount due under this Contract on the Due Date. The Client shall notify Mark3D immediately if it becomes (or believes it may in the future become) subject to an Insolvency Event.
8.3 On termination of the Contract for any reason, the accrued rights or remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of any Contract which existed at or before the date of termination or expiry. Without limiting any other right: (i) the Client shall immediately pay to Mark3D all of Mark3D ‘s outstanding unpaid invoices and interest; (ii) in respect of Goods delivered but for which no invoice has yet been submitted, Mark3D shall submit an invoice, which is payable by the Client immediately on receipt; and (iii) if the Client fails to pay in accordance with (i) and/or (ii) above, at Mark3D’s request, the Client shall return any and all Goods which have not been fully paid for. If the Client fails to return Goods and/or Supplier Materials, Mark3D may enter any premises of the Client or of any third-party where the same are stored in order to recover them.
8.4 Clauses that expressly or impliedly have effect after termination shall continue in full force and effect.
9.1 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
9.2 IPR: All Intellectual Property Rights in or arising out of or in connection with the Goods is owned by Mark3D (or its licensors).
9.3 Export control: Neither party shall export, directly or indirectly, any Goods or technical data acquired from the other party under the Contract (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations (“Export Control Laws”), including United States export laws and regulations, to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval. Each party undertakes:
9.3.1 contractually to oblige any third-party to whom it discloses or transfers any such Goods data or products to make an undertaking to it in similar terms to the one set out above; and
9.3.2 if requested, to provide the other party with any reasonable assistance, at the reasonable cost of the other party, to enable it to perform any activity required by any competent government or agency in any relevant jurisdiction for the purpose of compliance with any Export Control Laws.
9.4 Confidentiality: A party (“Receiving Party”) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to Receiving Party by the other party (“Disclosing Party”), its employees, agents or subcontractors, and any other confidential information concerning Disclosing Party’s business or its products or its services which Receiving Party may obtain. Receiving Party shall restrict disclosure of such information to such of its employees, agents or subcontractors as need to know it to discharge Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind Receiving Party. This clause 9.4 shall survive termination.
9.5 Entire Agreement: Each Contract constitutes the entire agreement between the parties relating to the particular Order, superseding all previous arrangements between the parties relating to its subject matter. Any samples, drawings, descriptive matter, illustrations or advertising issued by Mark3D or contained in Mark3D’s websites, catalogues or brochures are issued/published for the sole purpose of giving an approximate idea of the Goods. They shall not form part of the Contract or have any contractual force. The Client confirms it has not relied on any statement, promise or representation made or given by or on behalf of Mark3D which is not set out in the applicable Contract. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in the applicable Contract.
9.6 Force majeure: Mark3D shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
9.7 Assignment and subcontracting: Mark3D may at any time assign, transfer, novate, charge, subcontract, sub-licence or deal in any other manner with all or any of its rights under the Contract. The Client shall not, without the prior written consent of Mark3D, assign, transfer, novate, charge, subcontract, sub-license or deal in any other manner with all or any of its rights or obligations under the Contract.
9.8 Notices: Any notice required to be given under or in connection with this Contract shall be in writing, addressed to the contact name or title detailed in the Order and shall be delivered to the other party: (i) personally or sent by recorded delivery or commercial courier, to its registered office or principal place of business (if not a company); or (ii) emailed to the other party’s email address set out in the Order. Any notice is deemed received if: (i) delivered personally, when left at such address; (ii) if sent by recorded delivery, at the time delivery is recorded; (iii) if delivered by commercial courier, at the date or time that the courier’s delivery receipt is signed; and (iv) if emailed, at the time of delivery, provided a valid delivery confirmation has been received. If actual delivery takes place outside of working hours on a Business Day, the date or time of deemed delivery shall be 9.00am on the next Business Day. This clause 13.9 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include faxes.
9.9 Variation/Waiver: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by Mark3D. A waiver of any right is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
9.10 Severance: If a court or any other competent authority finds that any provision (or part of a provision) of the Contract is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
9.11 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
9.12 Third-parties: A person not a party to the Contract shall not have any rights under or in connection with it.
9.13 Compliance with law: the Client shall at all times comply (and shall ensure that relevant third parties comply) with Applicable Law, including the Bribery Act 2010.
9.14 Governing law and jurisdiction: The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
10.1 In these Conditions, the following definitions apply:
“Additional Terms” any additional or third-party terms, not set out in these Conditions, provided or made available by Mark3D which relate to the Goods.
“Applicable Law”: the laws of England and Wales and any other mandatory laws, regulations, regulatory policies, guidelines and industry codes which apply to the manufacture or supply of the Goods.
“Business Day”: Monday to Friday, excluding any public holidays in England and Wales.
“Client Default”: any breach by the Client of the Contract (whether by act or omission).
“Contract”: each contract between Mark3D and the Client under these Conditions.
“Credit Terms”: payment within 30 days of the date of invoice (or as otherwise specified in the Order) in full and in cleared funds to Mark3D’s bank account.
“Delivery Location”: the United Kingdom delivery location(s) set out in the Order.
“Delivery Note”: means a document to be used in conjunction with the supply of Goods to be signed by the Client on delivery indicating their acceptance of delivery.
“Due Date”: in respect of a payment under a Contract, the date on which such payment is due pursuant to these Conditions.
“Force Majeure Event”: an event beyond the reasonable control of Mark3D including strikes or other industrial disputes, failure of utility service, transport network, act of God, fire, flood, storm, war, riot, civil commotion, malicious damage, compliance with law, governmental rule or direction, accident, breakdown of machinery, or default of Mark3D s or subcontractors.
“Goods”: the goods set out in the Order (or any part of them).
“Goods SoW”: the statement of work relating to the Goods, detailing the specification for the Goods and including any relevant plans or drawings, as set out in the Quote.
“Insolvency Event”: (a) the Client suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts under section 123 of the Insolvency Act 1986 or is deemed either unable to pay its debts or as having no reasonable prospect of so doing within the meaning of section 268 of the Insolvency Act 1986 or (if a partnership) has any partner to whom any of the above applies; (b) the Client starts negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any arrangement with its creditors; (c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Client; (d) the Client is the subject of a bankruptcy petition or order; (e) a creditor or encumbrancer of the Client attaches or takes possession of, or a distress, execution, sequestration or other process is levied or enforced on or sued against, the whole or part of its assets which is not discharged within 14 days; (f) an application is made to court, or an order is made to appoint an administrator, or notice of intention to appoint an administrator is given or an administrator is appointed over the Client; (g) a floating charge holder over the assets of the Client becomes entitled to appoint or has appointed an administrative receiver; (h) a person becomes entitled to appoint a receiver over the assets of the Client or a receiver is appointed over the assets of the Client; (i) any event analogous to those mentioned in (a)-(h) above in another jurisdiction.
“Install”: installation of the Goods as detailed in the Quote.
“Intellectual Property Rights”: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Order”: the Client’s order submitted to Mark3D in accordance with clause 1.
“Order Acknowledgement” the acknowledgement sent following receipt of the Order by Mark3D signifying its acceptance of the Order.
“Quote”: MARK3D’s written quotation (including quotations on the Website) for the provision of Goods to the Client, including the statement(s) of work relating to the Goods.
“Sourcing Issue”: an inability of Mark3D to source particular materials/resources (including personnel) on terms similar or identical to those available at the Start Date (including exchange rate fluctuations or increases in taxes or duties).
“Specification” means the written specification or description of the Goods, Where the Client is provided with a Goods SoW, the Specification will be set out in that document.
“Supplier” means any supplier of Goods to Mark3D.
“Third-Party Terms”: any additional terms and conditions relating to any third-party and/or any additional terms set out in the Quote.
“Website”: means the Mark3D website located at www.mark3d.co.uk and online webstore located at www.mark3d.co.uk .
10.2 A person includes a natural person, a body corporate and unincorporated bodies.
10.3 A reference to Mark3D or the Client includes their respective personal representatives, successors and permitted assigns.
10.4 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted and includes any subordinate legislation.
10.5 Any phrase introduced by the terms including or include shall be illustrative and shall not limit the sense of the preceding words.
10.6 A reference to writing or written includes emails but excludes faxes.
ADDITIONAL CLAUSES APPLYING TO CONSUMERS
If you are a consumer, you may only purchase Goods from Mark3D if you are at least 18 years old.
As a consumer, you have legal rights in relation to any purchased products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.
11 RIGHT OF RETURN & REFUND UNDER CONSUMER CONTRACTS REGULATIONS
11.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund, provided you have taken reasonable care of the Goods and not used them. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
11.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products, sealed audio, sealed printing filament or materials, video and software products once unsealed, goods once they have been inseparably mixed after delivery, products made to your specification or clearly personalised for you.
11.3 Your legal right to cancel a Contract starts from the date of Delivery, which is when the Contract between us is formed. You have a period of 14 (fourteen) calendar days in which you may cancel, starting from the day you receive the Goods. Calendar days means that Saturdays, Sundays or public holidays are included in this period.
11.4 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement. You may use the model cancellation form but it is not obligatory. You can contact us by sending
11.4.1 An email to email@example.com or
11.4.2 A letter to Mark3D UK Limited, Innovation Centre, 1 Devon Way, Longbridge, Birmingham, B31 2TS
11.5 If you cancel the Contract within this period, you will receive a refund of the price you paid for the Goods and any applicable standard delivery charges (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), provided the Goods have not been used beyond the handling necessary to see whether the goods are as expected. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction.
11.6 We will process the refund due to you within 14 days after the day we receive back from you any Goods supplied, or 14 days after the day you provide evidence that you have returned the Goods, or if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Contract. Upon cancellation of a Contract, any ancillary contract is automatically cancelled.
11.7 If the Goods were delivered to you, you must return them to us within 14 calendar days. If the Goods require collection, we will collect them from the address that they were delivered to and contact you to arrange a suitable time for collection. Unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us or the cost of collection, where applicable. Until they are returned or collected, you have a legal obligation to keep the Goods in your possession and to take reasonable care of them whilst in your possession.
11.8 As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by this returns policy or these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12 LIABILITY TO CONSUMERS
12.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is only foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
12.2 We only supply Goods to consumers for domestic or private use. You agree not to use the product for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for: Death or personal injury caused by our negligence; Fraud or fraudulent misrepresentation; Any breach of the terms implied by Section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples; and Defective products under the Consumer Protection Act 1987.
13 APPLICABLE LAW FOR CONSUMERS
If you are a consumer, please note that these terms and conditions are governed by English law. This means that any contract for the purchase for Goods and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident in Scotland, you may also bring proceedings in Scotland.