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Conditions of Use

  1. General

    1. By placing an order, you confirm that you have read and accepted these terms and conditions of sale.
    2. We may change these terms from time to time. The terms published when you use the website apply to that use. We may also refuse registration or access where necessary and you must comply with all laws relevant to your use of this site.
    3. We may alter, suspend or withdraw this website without notice.
    4. You confirm that you are buying in the course of business, rather than as a consumer, and that you have authority to bind the business you represent.
    5. Please read each product listing in full, including its grade and the notice that listing totals are a guide only. Variations in price or quantity cannot be rectified and goods are non-returnable.
    6. “Source company” means the company that originally retailed the stock to the public.
    7. Delivery is made only to the address agreed for the order.
    8. A contract is formed only when goods are dispatched by Marthils International Ltd. We may refuse an order and will arrange any applicable refund promptly.
    9. These terms are governed by the laws of England, and disputes are subject to the courts of England.

  2. Marthils International Products

    1. End of catalogue / clearance stock. This is surplus or end-of-range stock believed to be in good condition. Packaging may be soiled or damaged and ordinary manufacturing defects may occur.
    2. Untested customer returned stock. This may include merchandise returned to a source company as faulty or defective and which cannot be returned to the original manufacturer.
    3. Stock may have been accidentally damaged in a source company’s distribution system, or may be incomplete or missing components.
    4. A returns lot can contain both damaged and sound stock. No assurance is made about the ratio of either.
    5. Marthils gives no express or implied warranty about the quality, condition or fitness for purpose of merchandise.
    6. Statements about condition are not a guarantee and should not be relied on as the basis for an offer.
    7. Untested stock can include:
      • customer returns marked faulty, where no warehouse testing has taken place;
      • items returned under a money-back guarantee with damaged packaging; and
      • stock damaged in distribution or unsuitable for resale after return, including certain personal-care and digital-storage products.
    8. To the fullest extent permitted by law, no warranty is implied by discussions with Marthils or its representatives before purchase.

  3. Resale of Products / Intellectual Property

    1. Do not use a source company’s name or associated company name when reselling merchandise.
    2. Do not use Marthils’ or a source company’s pictures, service marks, text or page layout without written permission.
    3. Website material must not be copied, reproduced, distributed, published or commercially exploited without consent.
    4. Before resale, remove or permanently obscure source-company names, marks and catalogue numbers from merchandise and cartons as instructed.
    5. Do not use source-company catalogues or promotional literature in connection with resale.
    6. The purchaser must make goods safe, service them where appropriate, and carry out any necessary inspection and testing before resale.
    7. The purchaser indemnifies Marthils for claims arising directly or indirectly from resale or a breach of these terms.
    8. Goods are sold ex-warehouse. Loading assistance may be provided, but collection arrangements and costs remain the purchaser’s responsibility.
    9. Do not return Marthils stock to an original retailer for refund or exchange. Any attempted refund or exchange may be treated as fraud.
    10. Before resale, purchasers must carry out appropriate safety checks for toys, audio equipment, nursery products, pushchairs and car seats, including the required labels, instructions, components and safety standards.
    11. Payment must clear in full before merchandise is removed from the warehouse. Title passes only after full payment.
    12. Electrical goods must be checked and made safe before any resale or export. The purchaser is responsible for all required functionality, safety, PAT, WEEE, GPSR and product-recall checks.
    13. Trade purchasers are responsible for export compliance, documentary evidence and the lawful disposal or resale of goods. Contact info@marthils.co.uk with an invoice, product details and quantity if you identify a recalled product.

  4. Returns

    1. Trade goods are non-returnable and no credit is given for later-discovered defects or description discrepancies, except where rights cannot lawfully be excluded.
    2. All goods are supplied without warranty or guarantee. Future liability for stock rests with the purchaser, including issues arising after resale.
    3. Uncollected goods may be disposed of after seven days from the invoice date.
    4. Goods must never be returned to a source company for refund or exchange.
    5. Outbound or return shipping is not refunded. A handling charge may apply when restocking is agreed.
    6. A redelivery charge applies where no one is available at the agreed delivery address.
    7. Where products are intended for business use, ensure that suitable insurance is in place.

  5. Export

    1. The consignee, exporter and freight forwarder are responsible for customs, legislation and related charges once an export shipment is arranged.
    2. If a container is stopped, returned or delayed by customs or another authority, associated costs are the responsibility of the consignee or freight forwarder.
    3. The purchaser must notify us of relevant legislative changes before shipment and must resolve export issues with the freight forwarder after goods leave our warehouse.
    4. Marthils may require evidence that a purchaser trades in the returns industry, including business and VAT information.
    5. Freight forwarders accept these terms when collecting export goods and are responsible for the onward freight, compliance and any associated authority costs.

No delay or partial exercise of a right is a waiver. Nothing in these terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence or fraudulent misrepresentation.

We take reasonable care over website information but do not guarantee that the site will always be complete, error-free or uninterrupted. To the extent permitted by law, our aggregate liability in relation to a product is limited to the amount paid or payable for that product.

These terms form the entire agreement for use of the site and purchase of goods. Traders who do not comply with these terms or applicable safety requirements may be refused further supply and may be subject to legal action and costs.