These clauses set out the terms and conditions on which you make use of the marthabrook.com and marthabrook.com.au website (the “Website”). Please read these terms and conditions carefully (and the documents / website sections referred to in them) and check them periodically since they may change from time to time. By accessing this Website and/or placing an order you confirm that you have read, understood and agree to these terms and conditions in their entirety. If you do not agree to be bound by these terms and conditions, you must not place an order or use this Website.
The Website is operated by Martha Brook Limited (“we” or “our”). We are registered in England and Wales under company number 8555346 and our registered office address is Q West, 1110 Great West Road, London TW8 0GP. Our VAT number is 198350768. Our Australia registered address is 9 Pine Avenue, Camberwell, Victoria, 3124. Our ABN number is 95 884 049 755.
Ordering From Us
You can order from the Website by ordering through our online checkout process. Once we have received your order we will send you an order acknowledgement via email as soon as possible detailing the product(s) you have ordered. It is your responsibility to check the order details and advise us immediately of any errors or admissions. This especially applies where you have ordered a personalised product from us.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the product(s) ordered.
If we cannot accept your order we will inform you of this promptly in writing by email. This may occur for any one or more of the following reasons:-
- Where goods are no longer available.
- The identification of pricing or other error in the order.
- Where we cannot obtain authorisation for your payment.
- Your order for personalised products contains content which is unclear, in which case we may contact you for clarification.
- Your order for personalised products contains content which is offensive, discriminatory, threatening, in breach of confidence or privacy, or which may cause annoyance or inconvenience.
If your payment is not received and you have already received the product(s) ordered from us, you must pay for the product(s) or return them to us in accordance with the ‘Returns’ section outlined below.
Payment And Security
It may be necessary to change product prices from time to time, including as a result of any changes in the rate of GST. Any product price changes will be updated on our website as soon as possible and confirmed to you when you order.
Any offer, including discount codes and sales, cannot be used in conjunction with any other offer or promotion.
All delivery periods stated are in working days and for orders placed by 12pm Monday – Friday (excluding public holidays in Australia). These delivery times are approximate and whilst we will do our utmost to ensure your order reaches you within these timelines, they cannot be guaranteed and there may be occasions where factors outside our control can affect delivery times. We cannot accept liability or costs incurred due to failed or delayed deliveries that are caused by third parties or circumstances that are beyond our control.
Delivery will be to the address(es) you have specified in your order. If any of these details are incorrect, we cannot be liable for any items that have not been received.
Please see our Delivery Information for more information on Australia, UK and International delivery.
Many products on our Website are personalised or custom-made to your requirements and are therefore exempt from standard statutory cancellation rights. It is your responsibility to check your order details and advise us immediately of any errors or admissions (including spelling mistakes) as we start making our personalised product(s) soon after orders have been received. We cannot cancel or refund orders for personalised products that have been misspelt or if you change your mind.
For product(s) that are not personalised or custom made to your requirements, you have the legal right to cancel your order within 14 days of receiving the goods. If you wish to cancel your order, you should contact us as soon as you can on firstname.lastname@example.org or call us on 03 9882 7098.
If the product(s) have already been dispatched, they must be returned to us in accordance with the ‘Returns’ section below.
We very much hope that you will be delighted with any product(s) you order from us, but you do have 14 days from receipt of cancellable goods (see above) to contact us if you wish to cancel your order or exchange an item. You can do this via email at email@example.com or by phone on 03 9882 7098.
After contacting us, you must return goods in an unused state complete with any packaging and we will refund you the amount paid for your order. Our returns address is: Martha Brook, 9 Pine Avenue, Camberwell, Victoria, 3124. The cost of the return is your responsibility, except if the item is faulty. We cannot be held responsible for packages lost in transit so we recommend sending any returns by a tracked delivery service.
Please note product(s) that are personalised or custom-made to your requirements cannot be returned or refunded unless faulty.
We take great care to ensure that all product details, prices and images are correct on the Website. Whilst all reasonable efforts have been made to portray our product(s) accurately, variations may occur and we cannot guarantee that any given image will reflect the full design options related to that product. All measurements are approximate and product colour(s) can differ slightly from those displayed on your computer screen. In addition, due to the personalised nature of many of our product(s), variations may occur when we make them (for example the amount of personalised text or size of text on a product).
Links To Other Websites
This Website may from time to time contain links to other websites for your information. If you use these links and leave this website we take no responsibility for the content of these sites and you do so entirely at your own risk. Any link on our website does not imply our endorsement or support for the third party website or any materials found on there.
Martha Brook name and logo are registered trademarks. Unless otherwise stated, all rights including copyright, design rights and other intellectual property rights for all material on this Website is owned by Martha Brook Limited. Any use of the Website, its contents, images or designs (including reproduction, copying, modification or distribution) for commercial use is strictly prohibited unless you have prior written permission from us.
Liability And Disclaimers
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings arising from product(s) we have supplied or as a result of failure to comply with these terms and conditions or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence (or that of our servants, agents or employees) shall not in any way be restricted.
We endeavor to ensure all information on our Website is correct; however, we make no warranties, whether express or implied as to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranty that it will meet your requirements, be fully functional or reliable. While we make every effort to ensure that the site or server that makes this Website available is free of viruses or bugs, we make no guarantee that this is the case, and we will not be liable for any damage to computer or electronic equipment that arises in connection with your use of our Website or any loss of content or material uploaded or transmitted through the Website.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. We reserve the right to modify or withdraw this Website or any part of it at any time.
Corporate Referral Scheme
The Referrer must ensure they fully disclose to the person/business they are referring that they are participating in the Martha Brook Referral Scheme.
Martha Brook will contact the person referred via the email provided by the referrer. If the person/business places an order over the value of $250, the Referrer will receive a $50 gift card via the email provided by the Referrer upon the order completion.
If any part of these terms and conditions shall be deemed by any court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions but shall not affect the validity and enforceability of any of the remaining parts of the terms and conditions.
No delay or failure by us 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 is only effective is it is communicated to you in writing by us, and will only apply at that point in time and in the circumstances for which it is given.
Events Beyond Our Control
We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure is caused by circumstances beyond our control.
These terms and conditions including the documents / Website sections referred to in them constitute the entire agreement between you and us relating to the use of this website (and the ordering of products) and cancels and supersedes all prior representations, understandings and agreements between you and us whether verbal or written. Any changes to these terms and conditions must be in writing and signed by both parties.
Rights Of Third Parties
You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. We may assign, transfer or sub-contract any of our rights or obligations under these terms and conditions to any third party at our discretion.
Law And Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. In the event of any dispute you irrevocably submit to the exclusive jurisdiction of the courts of England.
All feedback is welcome so please let us know if there is anything we can do to make our service even better. You can contact us on firstname.lastname@example.org or by phone on 03 9882 7098.
Thank you for taking the time to read these terms and conditions.