PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
(Updated on 05 May 2017)
Welcome to www.MarketOrders.net. These Terms of Service describe the terms and conditions applicable to your access and use of the websitewww.MarketOrders.net “Site”). This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your” or “User” hereinafter) and the MarketOrders.net entity listed in the Overview below (referred to as “we”, “our” or “MarketOrders” or“MO” hereinafter).
Who We Are: We are a crowd ordering and aggregation platform which aggregates SME’S orders online and empowers retail partners and supplying partners on the planet. Incorporated and registered in England and Wales, registered address office is GW Business centre, Great West House 1, Great West Road, TW8 9DF, Brentford, London, United Kingdom. Our Company Registration address is 10306149. Vat number pending the relevant entity that you enter into this agreement with shall be known in these terms and conditions as “we” “our” or “us”.
Terms: By agreeing to these terms of service you are entering into an agreement that describes your rights and obligations in connection with your receipt and use of the services provided through MarketOrders [MO] online platform, comprising services provided through our website, Market Orders.net. Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court and, if applicable, to not participate in class action claims. By using our services, you are agreeing to abide by and be bound by these terms of service. Some features of our services may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you.
If you have any questions relating to these terms and conditions please contact firstname.lastname@example.org before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
MarketOrders offer an ordering, aggregating and logistic service from our Partner Suppliers throughout the world. We do not accept orders from individuals or companies NOT registered as a business in the United Kingdom.
When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by the Partner Supplier (the “Confirmation Email”) will be sent to you by us on behalf of the Partner Supplier. The contract for the supply of any orders through us will be between you and the Partner Supplier and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address and mobile number, as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your orders arrive to the correct location and to the right person. MarketOrders seeks to provide a quality service and will be the first contact in the event there is a problem with your order either in regards to the products, quality and/or customer service dissatisfaction. We do monitor our Partner suppliers very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Suppliers/manufacturers or in respect of the design and product by emailing is at info@MarketOrders.net.
Availability And Delivery
Our aim is to provide the best delivery and service possible. Unfortunately, things do not always go to plan and factors, such as machine breakdown or labour fall sick conditions, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your orders are delivered by the time specified in the email and web page. The timing of your order is determined by taking into account the order window you select at the time of order and the circumstances being faced by the Partner supplier/manufacturer at that time.
You have the right to cancel an order within a reasonable time and before the order becomes an Execute Order. Customers can cancel an order by contacting MarketOrders.net. We will tell you once we cancel an order. No charges apply for any orders cancelled in accordance with this clause. Any order cancelled after it becomes an Execute Order cannot be cancelled. MarketOrders alone will determine whether an order is an Execute Order or not.
Price And Payment
The price of all the products will be listed on our Service. Prices include VAT. Prices will vary between from one supplier/manufacturer to another. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the products listed on our Service may be incorrectly priced. The relevant Supply Partners’ will normally verify prices as part of the order process. Payment for all orders can be made by bank transfer or card payment through our Service. Full payment of the goods is due within 24 hours of the final invoice being issued. Payment is made directly to MarketOrders.
To the extent permitted by law, MarketOrders provides our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither MarketOrders nor any Partner Supplier/manufacturers’ shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that MarketOrders is found to be liable to you our total aggregate liability is limited to the total purchase price of the orders only. This does not include or limit in any way MarketOrders liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Events Outside Our Control
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: an act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse the Customer from any payment obligations under this Agreement.
MarketOrders shall not be responsible to the others for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: an act of God, governmental act, war, fire, flood, explosion or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
Our Right To Vary These Terms And Conditions
Law And Jurisdiction
When registering with MarketOrders.net [MO], the User shall guarantee and shall be responsible for the accuracy and completeness of all information the User provides/fills, and MO has the right to refuse or reject any application with false, fake or incomplete information and shall have the right to suspend or terminate any account whenever MO finds inaccuracy or incompleteness of any information used by the User in account application.
It is the User’s sole responsibility to maintain the safety and confidentiality of the User’s account, including but not limited to account names, passwords, validity codes, secret questions and password recovery E-mail address. All online behaviours performed under User’s account shall be considered as the User’s actions, and the User shall bear all legal liabilities and consequences of misuse and shall hold MO harmless from any actions, claims arising out of such misuse. In the case of information leakage, hacking or password was stolen, the User shall immediately inform MO, and MO shall have rights to temporarily stop or suspend the provision of services and delivery of commodities as long as any suspicious misuse is detected. Any users of MO shall be over the older age of the following two: (1) eighteen (18) years old; or (2) other age as requested by local law for full and complete civil capacity. For company users, the personnel who is using MO service or placing orders shall be duly authorized by the company and shall have the sufficient authority to do so.
Privacy and Information Security
Product Descriptions and Inventory
MarketOrders is doing its best to ensure the accuracy and completeness of information and content provided on the website. However, MarketOrders does not warrant those product descriptions or other content is always accurate, complete, reliable, current, or error-free. If a product offered by MarketOrders is not as what it has been described, the User may return the said product to MarketOrders with the condition that this product has not been used and with no impact to further sales. Given the nature of e-Commerce, MarketOrders [MO] is in no way to guarantee the inventory of the commodities ordered by the User online, and in case of lack of inventory (out of stock), the User may select one of the solutions provided by MarketOrders, such as order modification/cancellation, delivery suspension, refunds of pre-paid, partial shipment, and other solution as the case might be.
Except otherwise explicitly indicated, the prices shown on any web page represents the full retail price, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
With respect to items sold on MarketOrders [MO] website, MarketOrders [MO] cannot finally confirm the price of a specific item until the User’s order is received. Despite MarketOrders [MO] best efforts, a small number of items in the catalogue may be mispriced. In such a case, if the misprice is obviously and sufficiently lower than the normal price or reasonable price based on common sense, MarketOrders [MO] shall have the right to cancel the order and shall not be held liable for any damage or loss the User may be caused by placing orders based on the mispriced price.
Intellectual Property Right Protection and Compliance
MarketOrders [MO] respects the intellectual property rights of others (“IPRs”) and takes serious actions on IPR protection.
(a) MarketOrders [MO], its logo, trade name, trademarks and other IPRs have been legally registered in the United Kingdom as well as other countries. MarketOrders [MO] is the lawful owner of these trademarks and IPRs. Without MarketOrders [MO] prior written consent, any use of these trademarks and IPRs shall be considered as severe IPR infringement and MarketOrders [MO] reserves all its rights, to the largest extent as permitted by the applicable law, for seeking restriction order, conjunction and/or other legal remedies. The User shall not use or intent to use any trademark that is similar to MarketOrders [MO] trademark in order to cause confusion among its customers, or in any manner that disparages or discredits MarketOrders [MO]. All other trademarks not owned by MarketOrders [MO] that appear in any MarketOrders [MO] web page are the property of their respective legitimate owners.
(b) Unless otherwise indicated, the IPRs of all materials, contents and text, including but not limited to product description, graphics, logos, button icons, images, audio clips, digital downloads, video, sounds, animation, etc. are owned by MarketOrders [MO], and no use of these materials, contents and text is allowed without MarketOrders [MO] prior written consent.
(c) If the User recognizes or identifies an IPR infringement on MarketOrders [MO] website, please contact MarketOrders [MO] immediately.
(d) MarketOrders [MO] shall have a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Disclaimer Of Warranties and Limitation of Liability
All Services And Commodities As Well As All Information, Content, Materials, Products (Including Software) And Other Services Included On Or Otherwise Made Available To The User Through Market Orders [MO] Website Are Provided By Market Orders [MO] On An “As Is” And “As Available” Basis, Unless Otherwise Specified In Writing. Market Orders [MO] Makes No Representations Or Warranties Of Any Kind, Express Or Implied, As To The Operation Of Market Orders [MO], Or The Information, Content, Materials, Products (Including Software) Or Other Services Included On Or Otherwise Made Available To The User Through Market Orders [MO], Unless Otherwise Specified In Writing. User Expressly Agree That Your Use Of Market Orders [MO] Services Is At The User’s Sole Risk.
To The Full Extent Permissible By Applicable Law, Market Orders [MO] Disclaims All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose. Market Orders [MO] Does Not Warrant That The Market Orders [MO] Service, Information, Content, Materials, Products (Including Software) Or Other Services Included On Or Otherwise Made Available To The User Through The Market Orders [MO] Services, Market Orders [MO] Servers Or Electronic Communications Sent From Market Orders [MO] Are Free Of Viruses Or Other Harmful Components. Market Orders [MO] Will Not Be Liable For Any Damages Of Any Kind Arising From The Use Of Any Market Orders [MO] Service, Or From Any Information, Content, Materials, Products (Including Software) Or Other Services Included On Or Otherwise Made Available To The User Through Any Market Orders [MO] Service, Including, But Not Limited To Direct, Indirect, Incidental, Punitive, And Consequential Damages, Unless Otherwise Specified In Writing.
Notice and Electronic Communications
Postal address of Market Orders [MO]:
GW Business Centre
Great West House, Great West Road
Brentford TW8 9DF,
Governing Law and Dispute Settlement
Legal Validity, Invalid Clause and Severability