**1. General**
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 When you use certain Martex services (including without limitation Gift list service) please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
1.4 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.5 Certain video games and DVDs are the subject of a legally prescribed age restriction, determined by the British Board of Film Classification. The classifications are 12, 15, and 18. The classification reflects the content of the video game or DVD (violence, language, sex, drug abuse etc). You are therefore required to confirm that you are over 18. We carry out further checks to verify your age with a registered credit reference agency and, if we are unable to verify you are over 18, we will cancel your order.
**2. Order process**
2.1 Please see the information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Martex. For FastTrack and Tu clothing orders the email/SMS is an acknowledgement of your order and does not constitute acceptance.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds). For FastTrack and orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.
2.4 We do not file details of your order for you to subsequently access directly on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.
**3. Delivery**
3.1 This website can deliver Worldwide.
3.2 Delivery charges and estimated timescales are specified in the Shipping and Returns section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable due to unforeseen factors. Martex shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you. Our delivery driver may take a photograph of your address if you are not home to receive a delivery.
**4. Payment**
4.1 We take payment from your Card, Bank Transfer, Bitcoin or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by Paypal can be found at www.paypal.co.uk (this link will open in a new window). (Martex is not responsible for the content of external websites.) Please note, the Martex Collection Code, cannot be used to pay for FastTrack orders.
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with relevant data protection laws.
4.3 a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in-store prior to the collection of the goods). We will provide you with the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
b) If you reserve a product and the price changes (due to normal fluctuations e.g. goods going into or coming out of the promotion, but not a pricing error) before you collect the item, you may request to pay the lowest of i) the price on reservation or ii) the prevailing price in-store at the time of collection. This will also apply if your reservation is extended but not if the reservation collection window has expired.
Proof of reservation would include: –
- Reservation Number
- Print out from the internet
- Text message/email showing reservation number
4.3.1 If, in our opinion, any person or persons, whether acting on behalf of themselves or a business, engages in practices that call into question the fair use of the check and reserve system, we reserve the right to cancel reservations and/or to restrict/block access to the check and reserve system for that person or persons. Examples of such activity may include placing significant numbers of reservations where the goods are not subsequently collected, placing significant numbers of reservations for the same product without them being subsequently collected and the selling of reservation confirmations. This list is not exhaustive.
4.4 Payment can be made by any method specified in Payment Methods.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. For FastTrack and orders, the title to products shall pass to you once the goods have been handed over to you in-store.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges unless expressly stated otherwise.
4.7 **The price of products can be changed more than once. By ‘original price’ we mean the original price displayed online on www.mnggrouplimited.com or in the most recent, printed version of the full Martex catalogue (where the product was featured).
4.8 Any sale of a product that includes alcohol is appropriated to the contract at Warehouse.
**5. Returns, Cancellations and Substitutions**
5.1 We offer a 30-day money-back guarantee, please refer to Shipping & Returns. Some products are excluded from the Guarantee and are clearly marked by a † next to the product name. In the unlikely event that you receive faulty or damaged goods, please refer to our Shipping & Returns section.
5.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 30-day money-back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges Regulations (see the Shipping & Returns page for further details
5.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
**6. Intellectual Property**
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
**7. Liability and Indemnity**
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Martex will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Martex will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Martex accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Martex will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- loss of privacy and loss of data; or
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Martex’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall, in any event, be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
**8. Miscellaneous Provisions**
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 Martex shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Martex.
8.6 Martex reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except: a) J Sainsbury plc (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions; b) J Sainsbury plc shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions; c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits. d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by Martex to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Martex.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Martex relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Martex for your use of this website.
**9. Martex Gift Card**
9.1 Gift Cards purchased in at Martex store must be activated before use, this will be done by the colleague at the till at the point of payment.
9.2 Gift Cards can be purchased within other retailers authorised to sell Martex Gift Cards, these Gift Cards would adhere to the same terms and conditions as detailed below.
9.3 Gift Cards or eGift Cards issued via any loyalty, reward or benefits programme would also adhere to the same below details terms and conditions.
9.4 Gift Cards purchased within Martex stores can be loaded with any amount from £1 to £500. Other Gift Cards or eGift Cards will be issued detailing a balance. If no balance is provided or the balance is unknown, please use the online balance checker within the My Account section of the website to verify the balance.
9.5 GBP £ Gift Cards or eGift Cards can be used in full or part payment for goods in any UK Martex store or online, including current promotional offers, at the prevailing prices listed.
9.6 Gift Cards cannot be used for purchases made over the phone.
9.7 To use Gift Cards or eGift Cards in-store simply present your card to the cashier at the till.
9.8 To use your Gift Card online, input the card number and PIN at the payment stage of your order. The number of Gift Cards or eGift Cards you can use in a single transaction for online purchases is limited to 3. If you have more than 3 Gift Cards or eGift Cards and would like to use them in a single transaction you may do this in-store.
9.9 When spending online the value of your purchase will be deducted from the value of the Gift Card or eGift Card. The number of Gift Cards or eGift Cards you can use in a single transaction for online purchases is limited to 3. If you have more than 3 Gift Cards or eGift Cards and would like to use them in a single transaction you may do this in-store.
9.10 If you do not spend the entire balance of a plastic Gift Card or eGift Cards in-store, the remaining balance will be available on the same Card/eGift Card after each transaction.
9.11 If you do not spend the entire balance of a cardboard Gift Card in-store, your remaining balance will be issued to a new Gift Card, and the old card will have no further monetary value. Online the remaining balance will be available on the same card after each transaction.
9.12 To check your balance and confirm the expiry date please sign in to your account at Martex store and use the balance checker provided.
9.13 Gift Cards or eGift Cards cannot be used for the purchase of other gift cards or vouchers.
9.14 GBP £ Gift Cards or eGift Cards cannot be redeemed in ROI.
9.15 EURO € Gift Card cannot be redeemed in the UK.
9.16 Gift Cards or eGift Cards are not credit, debit or cheque guarantee cards, cannot be redeemed for cash or returned under the Martex 30 Day Guarantee and cannot be sold or re-tendered. This will not affect your statutory rights.
9.17 All Gift Cards or eGift Cards hold an expiry date, please refer to the back of your card or details on your eGift Card for further information. If this is not detailed, please use the online balance and expiry date checker in the My Account section of the website.
9.18 If any product purchased with a Gift Card or eGift Card is subsequently exchanged for a product of a lower price or a refund, any money owing will be added to a new Gift Card or eGift Card.
9.19 Martex reserve the right to decline or withdraw Gift Cards or eGift Cards, and the right to amend these terms and conditions of the Gift Card at any time and to take appropriate action, including the cancellation of the Gift Card, if, in its discretion, it deems such action necessary.
9.20 Gift Cards or eGift Cards must be treated like cash, Martex cannot be held liable for lost, stolen or damaged Gift Cards and they will not be replaced.
**Price Comparison**
We use a third party to compare the prices of branded products against competitors on a daily basis. We track and monitor this analysis to ensure our prices remain as competitive as possible.
We recommend you print out a copy of these terms and conditions for future reference. If you have any questions regarding the Martex website, please see the Customer services section for more information and full contact details.
