Terms of Use

Last updated October 2010

This is the official website of Martin & Co. The purpose of the Site is as an e-commerce and information website for Martin & Co to provide information about its services, products, contact details, latest news and location and allow users to purchase products.

Purpose of these Terms and Conditions

These Website Terms and Conditions (“Terms”) are the legally binding Terms and Conditions on which access to the website located at www.martin-and-co.com, www.martins-and-co.com, www.martinandbaskett.com, www.martin-and-co.co.uk, www.martins-and-co.co.uk, www.martinandbaskett.co.uk and www.martinthejeweller.com (and any sub-domains thereof) (the “Site”) is granted to users of the Site (“you”, “your”) by the proprietor of the Site, Martin and Company Limited, a company registered in England and Wales under company number 00124649, VAT number 274695612 whose registered address is at 19 The Promenade, Cheltenham, Gloucestershire GL50 1LP (“Martin & Co”, “we”, “us”, “our”). Martin & Co can be contacted by email to info@martin-and-co.com or via the online enquiry form on the Site.

Access to the Site constitutes your acceptance of these Terms which are in force and legally binding on you from the date you first access the Site.

Martin & Co reserves the right to makes changes to these Terms from time to time at its discretion or as required by any revised legislation. Please read the Terms and check back often to ensure you are aware of any changes. Your continued use of our Site will constitute your acceptance of any changes to these Terms. In the event that any changes are made to these Terms after you have placed an order, the version of the Terms in force at the time you placed your order will apply subject to any changes which are required to make by law.

Before placing any orders via Martin & Co’s website, please read the Terms carefully and we recommend that you keep a copy of the Terms for future reference.

Within these Terms, we wish to draw your attention in particular to the terms of purchase and the provisions under the headings of Information Disclaimer and Limitation of Liability. You should also read our Privacy Policy and Delivery and Returns Policy. If you are under 16 years old, you must let your parent or guardian know about Martin & Co's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 years old.

Permitted use of the Site

You are generally permitted to use the Site for the purposes of:

  • purchasing products displayed on the Site for sale by Martin & Co;
  • reviewing and accessing information about the services and products offered by Martin & Co, including downloading of brochures featuring such products and considering whether you would like to purchase such products or services;
  • requesting further information relating to our services and products. This will necessitate completion and submission of your personal contact details, messages and other information via the Site or email. All personal data submitted by you to us will be used, stored and processed in accordance with the Data Protection Act 1998 and the Privacy Policy which is available on the Site.

You are granted permission to access, view and print one copy of the content on the Site for your personal, non-commercial use, provided that you reproduce such material accurately and do not use it in a misleading context and you do not modify any materials or web content on the Site in any way or reproduce them for any public or commercial purpose. You agree not to remove any copyright notices, trade mark and/or logos that appear on any copied screens and such notices must remain on the copies.

Unauthorised use of the Site

You may not use the Site or its contents for any purpose other than specifically permitted in these Terms without the express written permission of Martin & Co, or the relevant third party if such content is owned by a third party (“Third Party Content”). You must obtain authorisation to reproduce Third Party Content, including material on the Site and material accessible via any Third Party Site (as defined below), from the relevant third parties concerned.

You must not permanently store or otherwise copy any Third Party Content for wider distribution or commercial gain without the express permission of the relevant third party. Martin & Co will not be responsible for obtaining such permission for you.

You warrant and undertake that you will not do, attempt to do or permit any others to do any of the following:

  • modify, translate, create derivative copies of or copy any aspect of the Site including the html code, cgi scripts, images, and other graphic content except as permitted in these Terms;
  • submit, upload, post or otherwise introduce (nor attempt to) any material to the Site that is libellous, obscene, threatening, abusive or that violates any copyright, trade marks, design rights, patents, database rights or other proprietary rights whether unregistered or registered anywhere in the world (“Intellectual Property Rights”) of any third party;
  • reverse engineer, decompile, disassemble or otherwise tamper with any material on the Site;
  • distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in or otherwise grant any rights in, or purport to grant any rights in the Site or any part of it to a third party;
  • direct or distribute unsolicited email (SPAM) to, from or via the Site;
  • interfere or attempt to interfere with the operation of the Site or its component parts including the Service in any way whatsover including overloading, flooding, mailing, bombing, crashing or hacking all or part of the Site’s content or deleting or changing any of the Site’s content;
  • use the Site for any unlawful purpose, including use of your Login allocated to you on registration for unlawful purposes including without limitation fraudulent purposes; or
  • use the Site in any manner not expressly authorised or envisioned by us or in a way which may bring us into disrepute.

Privacy

We may collect and store personal identifiable information about you when you visit the Site (“Personal Data”). This information may include, but is not limited to, details such as your name, address, telephone number, fax number, URL, domain name, I.P. address, company name, job title or email address. We may use this information to contact you or your company about our products and services from time to time. We may also collect and store information about you to improve the Site and improve user interaction based on the information collected.

Any Personal Data that we collect will be processed in accordance with the principles of the Data Protection Act and our Privacy Policy. In the event of any conflict between these Terms and our Privacy Policy, the Privacy Policy will apply.

Registration and Eligibility to Purchase

To be eligible to purchase products from the Site, you must:

  • be over the age of 18 years old. By placing an order, you warrant that you are over the age of 18 and indemnify us for any loss or damage we suffer if you breach this warranty. We reserve the right to cancel your order in the event that you are under 18.
  • register as a customer by including your real name, phone number, email address, billing address and other information requested on the Site (“Registration Information”). You warrant that the Registration Information you provide is true, accurate, up to date and complete. Should any of your Registration Information change, please notify us immediately at the following email address privacy@martin-and-co.com. Please review our Privacy Policy for further information regarding the storage and use of your personal information by us. We reserve the right to change our registration requirements from time to time. Following receipt of your Registration Information, you will be issued with a login and password. You are liable for the costs of all purchases made using your login;
  • have been issued a valid credit card by a bank acceptable to Martin & Co (see details below of which credit/debit cards we accept);
  • provide payment details including details of an acceptable credit card or debit card. You represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. By providing your credit or debit card details to us, you authorise us to process a charge on your credit card in the amount of the total purchase price for the merchandise in your shopping cart;
  • pass a credit check obtained by Martin & Co if the items you wish to purchase exceed £1,000 or if we have reason to believe the information you have provided about yourself on the Site is not true and accurate, that any order is fraudulent or that you are in breach of these Terms.

Martin & Co reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address if we have reason to believe the order is fraudulent or you are otherwise in breach of these Terms.

Your submission of an order for products via the Site will constitute an offer by you to purchase the products listed in the order. By making an offer to purchase products, you expressly authorise us to perform credit checks and, where Martin & Co feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.

Pricing Policy

Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate but do not include delivery charges which are set out in our Delivery and Returns policy.

Whilst prices are subject to change, the GBP price of a product displayed on the Site at the time the order is accepted will be honoured, subject to any typographical errors in which case we reserve our right to cancel the order.

If you are a customer whose credit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

Information Disclaimer

This Site, the products displayed on it and any information, data, view or opinions provided by Martin & Co on the Site provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

We use reasonable efforts to ensure the accuracy, correctness and reliability of the content of the Site, but we make no representations or warranties as to the accuracy, correctness or reliability of any content. By accessing and using the Site, you acknowledge that your use of the Site and any reliance which you place on any information, data, views or opinions obtained from the Site will be entirely at your own risk. We accept no liability for any errors or omissions on the Site.

We cannot guarantee that any colour displayed on your monitor is correct as computer monitors vary.

Please note that any pearls purchased may differ in colour and size to those shown on the Site.

Please read the description carefully when purchasing pendants as not all pendants are sold with a chain and it may be necessary to purchase a chain separately.

For some watches the description includes the water resistance of the item. Please note that the definition of water resistance varies depending on the manufacturer. If you have any queries as to the exact definition of water resistance for a particular watch, please email weborders@martin-and-co.com.

Orders

You can place an order for a product by placing that product in your shopping cart and following the instructions on the Site.

The order will be electronically transmitted to us when you click on the button entitled “Complete Purchase”.

All orders are subject to acceptance by Martin & Co and availability of stock. The stock numbers shown on the Site include numbers of stock available to customers for purchase online via the Site and in our store. Please note that certain products may be in high demand and will sell out quickly and items in your shopping basket are not reserved and may be purchased by other customers until acceptance of your order by us. The stock numbers shown on the Site will be updated once a day and so may be subject to change.

If the product you have ordered is not available, we will be entitled to provide you with a substitute product of equivalent value and quality. Following receipt of your order, we will contact you with the option of substitute products available. In the event that we have processed payment for your order and you do not wish to receive substitute products, you will be entitled to a refund of the purchase price within 30 days of the date we notify you the products ordered are not available.

The products displayed for sale on the Site are products we have in stock and available for dispatch from our store or which have been ordered from our supplier. Where we are waiting for the shipment from the supplier this will be indicated on the Site.

Acceptance of Your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order. It is just a confirmation that we have received it and does not create a contract between Martin & Co and you.

Unless you cancel your order, when we receive payment for the products ordered in full, your order will be deemed to be accepted by Martin & Co and a binding contract comes into existence between Martin & Co and you. Payment will be deducted from the credit card at the point of purchase. The contract between you and Martin & Co will be completed when we deliver the products to you.

The sale contract is concluded in London, England and the language of the contract is English.

We reserve the right not to accept or to cancel any order in the event that:

  • we are unable to obtain authorisation for payment,
  • shipping restrictions apply to a particular item,
  • the item ordered is out of stock, does not satisfy our quality control standards or is withdrawn, or
  • that you do not meet the eligibility criteria set out within these Terms
  • we do not deliver to your area; or
  • one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your order we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

We may also refuse to accept an order and process any transaction or refuse service to anyone at any time at our sole discretion in the event that we have reason to believe any of the information submitted by you is not fraudulent, untrue or inaccurate, that the transaction may fraudulent or that you are in breach of these Terms. We will not be liable to you or any third party by reason of:

  • our withdrawing any merchandise from display on the Site whether or not that merchandise has been sold;
  • removing, screening or editing any materials or content on the Site;
  • refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Martin & Co will store a record of your transactions for a minimum of one year from the date of submission of your order to us.

Payment

Payment can be made by Visa, Visa Electron, MasterCard, Solo and Maestro debit cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Martin & Co. You confirm that the credit/debit card that is being used is owned by you or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Martin & Co, we will not be liable for any delay or non-delivery of the products in your order.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using SagePay, a secure online payment gateway that encrypts your card details in a secure host environment.

In the interests of your security, we will not store your credit (or other payment) card details and you will be required to input these details each time you place an order via the Site.

To help ensure that your shopping experience is safe, simple and secure Martin & Co uses Secure Socket Layer (SSL) technology.

We will take reasonable care to keep the details of your order and payment secure where it is within our power and control to do so. You accept and acknowledge however that the internet is not a secure medium for the transmission of information and data including payment details and such information and data may be accessible by third parties. We will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Insurance and Delivery

Please refer to our Delivery and Returns Policy for details of estimated delivery times.

We will endeavour to deliver the products as soon as possible after your order is accepted and in any event within 30 days of the date on which you submit your order subject to availability of the products you have ordered. Where stock is not available and has to be ordered by Martin & Co from its suppliers, delivery will be within a reasonable time after acceptance of your order by Martin & Co.

Martin & Co will only deliver items ordered to the billing address given for the purchaser’s credit card and submitted by you on the Site.

We insure each purchase during the time it is in transit until it is delivered to the billing address. We require a signature for any goods delivered at which point you will become the owner of the goods and the risk and responsibility for them passes to you.

Cancellation by You

You may cancel your order with us for the products you order at any time up to the end of the seventh working day from the date you receive the products you have ordered. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty.

To cancel your order either before or after you have received the products you must notify us in writing by sending an email to weborders@martin-and-co.com. Please provide details of your order number, name and billing address in the email and the reason for the cancellation. Following receipt of your Order Cancellation email, you will receive a Return Code from us.

If you have received the products before you cancel your contract then you must send the products back to our contact address, being Online Store, 19 The Promenade, Cheltenham, Gloucestershire GL50 1LP, at your own cost and risk. If you cancel your order but we have already processed the products for delivery you must not unpack them when they are received by you and return them to us at our contact address at your own cost and risk as soon as possible. For the avoidance of doubt, the return of the products to us is your responsibility and we will not be liable for any loss or damage arising to the products in transit.

Once you have notified us that you are cancelling your order and received a Return Code from us, any sum debited by Martin & Co from your payment card will be re-credited to the card with which you paid for the products as soon as possible and no later than 30 days after receipt of your notice of cancellation PROVIDED THAT the products in question are returned by you and received by us in the condition they were in when delivered to you within 14 days of receipt of the Return Code. If you do not return the products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

Please see our Returns Policy on how to return an item to Martin & Co should you wish to cancel your order after receipt of the items ordered or if the items are damaged or faulty. In the event of a conflict between the above terms and the Returns Policy, the terms in the Returns Policy will apply.

Credit Agreements and Cancellation of Orders

Some items displayed on the Site may be paid for by way of entering into a credit agreement with a third party creditor (“Credit Agreement”). Martin & Co is not the creditor and all Credit Agreements are governed by the terms and conditions of the third party creditor. Please refer to this website for further details.

Where your order is cancelled by either you or Martin & Co and you have entered into a Credit Agreement:

  • the email notification of cancellation from you or us will also serve as notice of cancellation of the Credit Agreement. Upon receipt of the email from you notifying us of cancellation of your order, we will notify the third party creditor accordingly.
  • we will refund the third party creditor for any amounts it has paid to us pursuant to the Credit Agreement
  • the Credit Agreement will continue in force in so far as it relates to the repayment of the credit and interest to the creditor by you.

The repayment of credit and interest will be subject to the terms and conditions of the third party creditor and the Consumer Protection (Distance Selling) Regulations 2000.

Refunds

Any refunds will either be credited to the original purchaser's credit card or you will be given a Martin & Co credit note. All refunds will exclude any delivery charges unless expressly provided otherwise in our Returns Policy.

Intellectual Property Rights

All Intellectual Property Rights in the Site including without limitation all trade marks and copyright in the content, graphics, images, illustrations, photographs, logos, data, html code, information or benefits relating to the same, are owned by Martin & Co or licenced to Martin & Co by a third party.

Nothing in these Terms and Conditions shall confer any ownership of any Intellectual Property Rights in the same on you and you may only use the contents of the Site in accordance with these Terms and Conditions. In particular, copying, reproduction, distribution, adaptation or modification of all or any part of the Site is strictly prohibited without the prior written permission of Martin & Co Limited or in accordance with the Copyright Designs and Patents Act 1988 unless otherwise permitted by these Terms and Conditions.

The trade name Martin & Co and any associated logos are trade marks of Martin & Co Limited. Martin & Co owns copyright in all associated logos, screen interfaces, text, illustrations and photographs containing the logo on the Site.

Links to External Websites

The Site incorporates links to other websites (“Third Party Sites”) designed, maintained and operated by third parties. Martin & Co has not reviewed the Third Party Sites which are provided for your convenience only, and we are not responsible for the content or availability of these Third Party Sites. If you decide to use a link to a Third Party Site you will leave the Site and do so at your own risk.

Links to Third Party Sites do not imply that Martin & Co endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright work displayed in or accessible through the Third Party Sites or that any linked site is authorised to use any trade mark, trade name, logo or copyright of Martin & Co.

Limitation of Liability

Please see our Returns Policy for details of our liability to you if the products delivered are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation or exportation of certain products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect whether you are legally entitled to export or import the products you purchase.

Whilst nothing will exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of our negligence, we will not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of the Site, or information contained on the Site, the products purchased from the Site and your use of them including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information or benefits. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

Our total liability to you under these Terms in respect of a claim relating to a particular order will not exceed the total amount paid by you for the order to which the claim relates, including where such liability arises out of our negligence.

Our total liability to you under these Terms in respect of any other claim will not exceed the total amount paid by you to us by way of the Site including where such liability arises out of our negligence.

Nothing in these Terms or our Delivery and Returns policy is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.

Some products will have certain guarantees and warranties given by the manufacturer of the products. These are not guarantees or warranties given by Martin & Co and you should contact the manufacturer if you wish to take advantage of them.

Indemnity

You will fully indemnify and keep us indemnified against all losses and damages (including loss of profits, special, indirect, incidental or consequential loss or damage, loss of goodwill and any reasonable legal costs or sums paid in settlement of any claim or proceedings brought against us by a third party) arising due to any breach of these Terms (including a breach of any warranties) by you and also in the event of any claim or legal proceedings brought or threatened against us by a third party as a result of your actions.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Martin & Co as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Martin & Co, and we shall not be liable for any representation, act, or omission on your part.

Restrictions of the Internet

You acknowledge that:

  • we have no control over the Internet which is a global decentralised network of computer systems. Accordingly, access to the Site shall not be error free or uninterrupted and may be variable; and
  • information, benefits and other material accessible over the Internet, including via the Site may contain computer viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet. We strongly recommend that you maintain sufficient and updated anti-virus benefits on any hardware used to access the Site and/or access material on the Site.

Downtime

Every effort is made to ensure the continuity of the Site, but some occasional technical downtime beyond our control may occur. Such downtime may prevent you from accessing the Service on the Site for the duration of the down time. We shall not be liable if your access to the Service via the Site is delayed or prevented by any cause beyond our control including, for the avoidance of doubt, hosting server downtime.

Termination

We may terminate any contract between Martin & Co and you (including any license granted under these Terms), or terminate your registration and invalidate your Login at any time upon notice in writing (which may be by email) to you in the event of:

  1. any breach by you of these Terms including the failure to pay any amount due under an order or mis-use of the Site or
  2. in the event that you are insolvent or bankrupt within the meaning of the Insolvency Act or any other replacement legislation

In the event of termination by us you agree that you will immediately destroy any materials that you have downloaded or printed from the Site.

Amendments to these Terms and Conditions

We reserve the right at any time and without notice to amend or alter these Terms and all content on this Site. We will post the amended Terms on the Site. Any such changes will be effective immediately on being posted to the Website and legally binding on you from when you first access the Site after their posting. We recommend that you review them from time to time to make sure you are aware of any changes.

Complaints

If you have are dissatisfied with our service, please send an email to info@martin-and-co.com or write to us at 19 The Promenade, Cheltenham, Gloucestershire GL50 1LP.

General

These Terms, together with the Delivery and Returns Policy and Privacy Policy contain the entire agreement between you and Martin & Co in relation to the Site and replaces and supersedes all previous agreements, arrangements or understandings between you and Martin & Co whether written or oral relating to the same.

No provision of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.

We may assign our rights or obligations under these Terms and Conditions at anytime. You may not assign your rights or obligations under these Terms and Conditions without our prior written consent.

A waiver or deemed waiver by Martin & Co of any provision of these Terms and Conditions will not constitute a waiver nor affect the enforceability of the remaining provisions of the Terms. A failure or delay to take action against you in respect of a breach of these Terms, will not prejudice the rights and remedies available to us in the event of any other breach of the Terms by you.

If any provision in these Terms is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions of these Terms will remain in full force and effect.

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Unless otherwise expressly stated in these terms, all notices from you to us must be in writing and sent to our contact address at 19 The Promenade, Cheltenham, Gloucestershire GL50 1LP and all notices from us to you will be displayed on our website from to time.

Governing Law

The Site is directed at and intended for access and use by persons in England and Wales only. We do not represent or warrant that the Service complies with the regulatory regime of any other country. If you access the Site from other locations outside England and Wales you do so entirely at your own risk and you are responsible for compliance with local laws.

These Terms and our Delivery and Returns Policy shall be interpreted in accordance with and governed by the law of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.

Martin & Co

Free next day delivery

We offer free next day delivery on all purchases to mainland UK.