Terms and Conditions | Martel+Ram
Ramm Design Ltd (Company No. 11415059)
56 New Cavendish Street, London, W1G 8TH
Dear customer, welcome to the Martel+Ram on-line store.
These terms and conditions (the “Conditions”) apply when you, as a consumer, access the www.martelandram.com website (the “Website”) and use our on-line or telephone ordering service.
All products advertised on the Website are for your own personal use as a consumer. You must not resell or apply any trademarks to any product that you purchase from the Website and they must not be used for any form of advertising or promotional purpose. We reserve the right to restrict multiple quantities of a product being shipped to one address or customer.
Before proceeding with your order, please read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our online ordering service.
Nothing in these Conditions affects or detracts from, and should not be read to affect, your statutory rights under English law. These statutory rights cannot be waived or limited by contract, and you may assert such rights at your sole discretion.
We may change these Conditions at any time, for example to deal with updates in our business practices or to deal with changes in law. The changes will apply to your use of the Website after we have given notice. If you do not wish to accept the new Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Conditions.
If you do not agree to these Conditions, you should not proceed with your order.
1. General Information
1.1 Our mission statement is simple. We endeavour to offer you the opportunity to buy men’s footwear in a secure and customer-friendly online environment.
1.2 For your convenience, we have listed below some general information about us:
(a) “We” are Ramm Design Limited, a company registered in England and Wales under company number 11415059 and our registered office address is at 56 New Cavendish Street, London, W1G 8TH;
(b) Our e-mail address is info@martelandram.com;
(c) Our VAT number is 299 4882 23.
1.3 Where you are ordering products for shipment outside the UK, your order will be processed, in part, by our localisation provider whose separate terms and conditions you may be asked to agree and accept. Any correspondence in relation to delivery of your products should be directed to such localisation partner in the first instance.
2. Essential Information
2.1 Making a purchase is simple. Just follow these easy steps. If you wish to order by telephone you can do so by calling 07407 21 16 11 and we will complete steps (c) to (f) for you:
(a) Shop by browsing through our Website. You can sort our products in various ways, including alphabetically, by price and best selling.
(b) Click on the image to access the individual product page where you will be given information on sizing, colour options and quantities of the product that remain in stock.
(c) Add the style to your shopping bag by clicking on the “Add to Cart” button near the desired product.
(d) Review the product(s) you have chosen in your cart. To delete a product from your cart, click on the “Remove” button next to the product.
(e) To resume shopping after viewing your shopping bag, click the “Continue shopping” button. Please be aware that when the product is in your shopping bag another customer can still purchase it.
(f) Click “Check Out” to finalise your purchase and follow the instructions.
2.2 In order to process your order, you need to provide personal details including your real name, contact phone number, e-mail address, billing address, delivery address, telephone number and other requested information where indicated. Please note that in order to speed up the order process for future visits you may wish to register for an account (“Account”) on our Website.
2.3 For further information concerning the way in which we manage your personal data please refer to our Privacy & Cookies Policy; www.martelandram.com.
3. Orders and Acceptance
3.1 When you have placed an order with us by pressing the “Complete Order” button, an email will be sent to you acknowledging your exact order details. All orders are subject to acceptance and availability. Our email is not an order confirmation or acceptance of your order and does not conclude the contract to purchase products from us. We reserve the right to reject any offer to purchase products made by you at any time. Reasons may include the product being out of stock, there being unexpected limits on our resources, or being unable to meet a specific delivery deadline.
3.2 Order acceptance and the conclusion of the contract between you and us will only take place when we confirm by e-mail to you that your order has been despatched unless we or you have cancelled the order in accordance with the order cancellation instructions set out in these Conditions. Acceptance will be complete when we send our order despatch confirmation e-mail to you. We do not take payment for your product until the order is ready for despatch to you.
3.3 We reserve the right to withhold any order from despatch in order to process further security checks. This can delay an order for up to 48 hours.
4. Pre-Order Items
Occasionally, we may be waiting for deliveries from our manufacturers and may give you the chance to pre-order certain products. The order and acceptance process for these products will be the same as with other products, namely that our contract with you is only concluded when we confirm by e-mail to you that your order has been despatched unless we or you have cancelled the order in accordance with the order cancellation instructions set out in these Conditions.
5. Pricing
5.1 All prices shown on the Website are shown inclusive of VAT, and any other sales tax on sale, if applicable to your purchase. Any customs duties and applicable taxes if you are ordering for delivery outside the UK will the responsibility of the consumer. Please note that our prices may change and any of our offers may be withdrawn at any time.
5.2 The prices displayed on the Website are for online purchases only. When ordering from us, please note that you are considered the importer of products and must comply with all laws and regulations of the country in which you are receiving the products. If you are buying from outside of the UK, you will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery.
5.3 We are not bound to honour any prices where the prices displayed have been displayed in error. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you before despatch and ask whether you wish to continue with the purchase at the correct price or we may cancel your order, refund you and notify you of such cancellation and refund.
6. Terms of Payment
6.1 We currently accept on-line payments with a number of debit/credit cards and payment providers. The current debit/credit cards and payment providers we accept are listed on our Website and our acceptance is conditional on subsequent validation of the card transaction with the issuer/payment provider. You confirm that the credit/debit card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Such checks may include credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) and be to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. We may share your personal information with such third parties as are necessary to enable us to do such checks. Other payment methods may be accepted at our sole discretion. Please contact info@martelram.com or call 07407 21 16 11 to discuss. Please note, however, that this may delay the expected despatch date of your product(s) whilst we verify and ensure that your payment method has been accepted.
6.2 Prices are shown by default in £ - British Sterling. Our checkout localisation partner will provide you with localised duties, taxes and payment information if you are ordering products for delivery outside the UK.
7. Insurance
We have insurance in place in relation to our products. Responsibility for your purchased product(s) passes to you on delivery.
8. Products Warranty and Availability
8.1 We have taken all prudent steps to present products on the Website as accurately as possible. However, we accept no responsibility for variances in colour or style due to the settings on your computer monitor or mobile device. There may be minor differences between the specifications given for products on the Website and the product that you receive as we offer products for sale which are not mass produced. The packaging of the product may also vary from that shown in images on our Website.
8.2 Whilst every effort is taken to ensure all products in the store are always in stock, occasionally some products will be temporarily out of supply. If products that you order are out of stock or subject to a delay, we will try to contact you at the e-mail address you provided when placing your order.
9. Delivery Costs and Times
9.1 Postage and packaging charges are as per the charges displayed on the Website when you place an order.
9.2 UK Delivery: Please allow up to 1-2 working days for delivery.
9.3 European Union (outside the UK) Delivery: Please allow up to 1-6 working days for delivery depending on where the package is being sent and the service you choose.
9.4 Worldwide Delivery: Please allow up to 2-7 working days for deliver depending on where the package is being sent and the service you choose.
9.5 Miscellaneous: We do not offer guaranteed delivery on a Saturday, Sunday, Bank Holidays, Christmas Day, Boxing Day and New Year’s Day or any other national holiday in the country of delivery.
9.6 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.7 If you are not at home when your product is delivered and no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery provider will inform you of how your delivery may take place (e.g., by rearranging the delivery). If you don’t respond or take action as required, we will contact you for further instructions and may charge you storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we shall not be obliged to deliver the product to you and will refund you, but we may also deduct a reasonable sum from the costs of your order incurred by us in dealing with such administration.
10. Returns Policy
10.1 You have a legal right to change your mind within 14 days of receiving any product and receive a refund.
(a) Details as to how to return your product(s) will be included in your packaging when we deliver your product(s).
(b) We may, under certain circumstances, cover the costs of returning items from UK orders but not from outside the UK.
(c) We may, however, make certain deductions or send the product(s) back without a refund if you have caused any reduction in the value of the product(s) or caused any damage to the product(s) above and beyond what could reasonably be expected, including if you don’t follow our returns instructions, specifically in relation to repackaging the product(s) or wearing the product(s) on any surface other than a carpeted surface.
(d) Any refunds will be made within 14 days from the day on which we receive the product(s) back from you.
10.2 You also have certain legal rights entitling you to, if the product(s) we provide are not as described, fit for purpose and/or of satisfactory quality: (a) within 30 days from receiving the product(s), obtain an immediate refund; and (b) within 6 months from receiving the product(s), if the product(s) cannot be repaired or replaced by us, to obtain a full refund. After 6 months has passed, up to 6 years from receiving the product(s), if they don’t last a reasonable length of time, you may also be entitled
to some money back.
(a) If you wish to return the product(s) in accordance with any of these reasons you must call customer services on 07407 21 16 11 or email us at info@martelram.com and explain the problem to us, or follow the instructions provided to you when you first receive your product(s).
(b) Upon receiving satisfactory evidence from you of the same, we will confirm how to return your product(s).
(c) We will bear the costs of return in this instance (assuming such return is in the UK).
(d) We may, however, make certain deductions or send the product(s) back without a refund if you have caused any reduction in the value of the product(s) or caused any damage to the product(s) above and beyond what could reasonably be expected, including if you don’t follow our returns instructions, specifically in relation to repackaging the product(s).
11. Help
11.1 We will be delighted to help you place an order over the telephone, advise you on the range of products we offer on the Website and help you with queries about payment.
11.2 For any help in relation to the above please refer to our Website or, alternatively, contact us directly by e-mailing info@martelandram.com.
11.3 It may not always be possible to stop an order from being despatched, as we endeavour to process orders as soon as possible. If your order has already been despatched please return the order following the instructions contained within the parcel.
12. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control.
13. Intellectual Property
13.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
14. Our Liability
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law (including your right to return the products to us under the circumstances listed in 10.2 above).
14.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. Viruses, hacking and other offences
15.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
15.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
15.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website.
16. Linking to our Website
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.2 You must not establish a link from any website that is not owned by you.
16.3 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
16.4 If you wish to make any use of material on our Website other than that set out above, please contact us.
17. Links from our Website
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Other Important Terms
18.1 Nobody else has any rights under these Conditions. These Conditions are between you and us. No other person shall have any rights to enforce any of its terms.
18.2 If a court finds part of these Conditions illegal, the rest will continue in force. Each of the provisions of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
19 Choice of Law and Dispute Resolution
19.1 The Website is controlled and operated in the United Kingdom. These Conditions and all matters connected with any order you place on the Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to all matters connected with or arising out of the Website or any order you place on the Website, which means that you may bring a claim in the EU country in which you live. Customers who access the Website from outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with their own local laws, to the extent that any local laws are applicable. Nothing in these Conditions in any way is an attempt to restrict or affect your statutory rights under English law. If you are a consumer and have your habitual residence in the EU, you will also be protected under any mandatory laws of that jurisdiction.
19.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.