Last Updated: 15/07/2022
Marnoch Merchandising LTD T/A Marnoch Pet Supplies is a curated wholesale/B2B online marketplace, accessible through its websites marnochpet.co.uk, (collectively, the “Site”). Throughout these Terms of Service (“Terms”), the terms, “our”, “us”, and/or “we” refer to Marnoch Merchandising LTD T/A Marnoch Pet Supplies, Unit 67 Magbiehill Park, Dunlop Rd, Stewarton, Kilmarnock KA3 3D. The terms “you” and/or “your” refer to any visitor of the Site and any user of the Services. These Terms govern your access to and use of the Services and Content (defined below), and constitute a binding legal agreement between you and Us.
Please read these Terms, our Privacy Policy all of which are incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Us and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.
YOU ACKNOWLEDGE AND AGREE THAT BY CONFIRMING THE TERMS OF SERVICE WHEN REGISTERING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR CONTENT.
We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon. We also reserve the right to modify these Terms from time to time upon reasonable prior written notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms we will provide you with reasonable prior written notice and post the modification on the Site and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Marnoch Merchandising LTD T/A Marnoch Pet Supplies is a curated wholesale/B2B online marketplace, accessible through its websites marnochpet.co.uk, (collectively, the “Site”). Throughout these Terms of Service (“Terms”), the terms, “our”, “us”, and/or “we” refer to Marnoch Merchandising LTD T/A Marnoch Pet Supplies, Unit 67 Magbiehill Park, Dunlop Rd, Stewarton, Kilmarnock KA3 3D. The terms “you” and/or “your” refer to any visitor of the Site and any user of the Services. These Terms govern your access to and use of the Services and Content (defined below), and constitute a binding legal agreement between you and Us.
“Content” means text, graphics, images, music, software, audio, video, information or other materials of the website.
“User” means a business that completes your account registration process, as described under the “Account Registration” section below.
“Account” means for Users who create an account using the website to purchase goods through the Services for the purpose of resale.
To use and access certain features of the Services, you must register to create an account and become a User.
You may register directly via the Site. During the registration process, you will be required to provide certain information, and you will establish a username and a password. You agree that all information you provide to register for an Account (and/or for any subsequent activity or interaction with Us and the Services), including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information or information you provide, consistent with our Privacy Policy.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to temporarily suspend or permanently terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorized them or not. You will immediately notify us of any unauthorized use of your Account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
To purchase goods through the Services, you need to establish an Account. When you sign up, you will be required to submit customary information such as your first and last name, store type (e.g., online, brick & mortar), email address and other information about your business. Before you make your first purchase, you may be required to provide additional information such as payment method information and related documentation and any other information as may be required by Us or any payment processor. Additional detail regarding information collected can be found in our Privacy Policy. By submitting payment details in conjunction with registering for an Account and/or purchasing goods, you agree to pay Us for the goods purchased from them and any applicable taxes and other fees that may accrue, and authorize a payment processor appointed by Us to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing. We have the right to refuse any order.
The Services and Content are each protected by copyright, trademark and other laws of the United Kingdom. You acknowledge and agree that the Services and Content including all associated intellectual property rights, are the exclusive property of Us, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Additionally We are the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including Our name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without Our prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
License Grant;
Subject to the terms and conditions of these Terms, We grant you: (a) a non-transferable, non-exclusive, revocable, limited license, with no right to sublicense, to use and access the Services, and to view any Content to which you are permitted access solely for the purposes set forth in these Terms; and (b) a limited non-exclusive, revocable, non-transferable license in connection with your use of the Services.
Restrictions;
Except as otherwise stated, the rights granted herein are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Content; (b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Services; and (c) you shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. Except as expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us, its licensors or others. If you violate the rights of Us, its licensors or others, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Payment Methods;
To make a purchase, you must provide an approved payment method (such as a credit or debit card) with your Account. By submitting payment details in conjunction with registering for an Account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize and any payment processor for any of them to charge the payment method with any payment due from you using the information you have supplied to Us, and/or (where applicable) to credit that payment method and/or to make any adjustments if necessary.
Payment Processors;
Third-party service providers may be used for payment card acquiring, fraud alerts, payment processing and the disbursement of funds to Us from which you make purchases. You acknowledge and agree that We may share information about you with such payment processors in order to complete any transaction.
Returns;
We have a 14 days return policy, which means you have 7 days days after receiving your item to request a return.
To start a return, you can contact us via Info@marnochpet.co.uk. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. To be eligible for a return, you’ll need the receipt/invoice or proof of purchase. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
Refunds and cancellations;
If you receive a product that is damaged, the shipment includes missing items or you do not receive the product by the expected ship date, you must report the issue within 14 days of receiving the product. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory. We reserve the right to accept or reject any missing or damaged report filed by a User in its sole reasonable discretion, including in the event We suspect any fraudulent activity. Our decision whether to accept a damaged or missing claim shall be final.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents. All statements and opinions expressed in these materials, and all articles and responses to questions and the Content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You agree not to do any of the following:
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that We have no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that We, in its sole discretion, consider to be in violation of these Terms or otherwise harmful to the Services. We reserve the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if We suspect illegal activity may be taking place.
We respect intellectual property laws and expect its users to do the same. It is Our policy to terminate, in appropriate circumstances, Users or other account holders who infringe or are believed to be infringing the intellectual property rights of others.
All information we collect about you when you apply for an account or use or visit the Services is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.
If you breach any of these Terms, We will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Services at any time, with or without cause. In the event We terminate these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to Info@marnochpet.co.uk
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DO WE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.
You agree to defend, indemnify, and hold Marnoch Merchandising LTD T/A Marnoch Pet Supplies, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Marnoch Merchandising LTD T/A Marnoch Pet Supplies, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services.
This Terms of Use Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. You consent and agree that all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting in England and Wales, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by Us via email (in each case to the primary account email address that you provide) or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms constitute the entire and exclusive understanding and agreement between Us and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Us and you regarding the Services and Content.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid or unenforceable provision
The failure by Us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
If you have any questions or complaints about these Terms or the Services, please contact us at Info@marnochpet.co.uk or by regular mail via:
Marnoch Merchandising LTD T/A Marnoch Pet Supplies, Unit 67 Magbiehill Park, Dunlop Rd, Stewarton, Kilmarnock KA3 3D