1.1 In these terms and conditions ("the Terms") the following words and phrases shall have the following meanings:
Customer Material means any information provided by you to us including, but without limitation, your details, delivery details, requirements or any information provided in the Enquiry or order
Enquiry means any enquiry made for the Products
Force Majeure Event includes any delay or failure to perform our obligations in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war
Order Confirmation means an order confirmation from us to you confirming the acceptance of your order
Product Allocation of graphene nano materials or any products provided or manufactured under the Marble Capital Partners Brand.
"Marble Capital Partners ", "us" or "we" means Marble Capital Partners Limited (Company Number 8456787) whose registered office is at 3rd floor, 207 Regent Street, London W1B 3HH
Website www.marblecapitalpartners.com & wholesales-graphene.com
Writing includes letter, email or fax
"you", "your" or "customer" means the person, firm or company placing an order for Products
2. Price of the Products
2.1 The price of the Products (including VAT) will be notified to you on Enquiry before you place an order.
4. Order Acceptance and Payment
4.1 An order for Products must be made by telephone. An order placed by you constitutes an offer by you to buy the Products. Once we have checked price and availability and confirmed that we are able to deliver to the address stated by you for delivery we will send you an invoice for the price of the Products. All invoices must be paid within 7 days.
4.2 Once your payment has been received by us we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide. Your receipt of an Order Confirmation for your order brings into existence a legally binding contract between us.
4.3 Payment must be made in GB pound sterling through either a bank transfer or our online payment system through our website (PayPal & other)
4.4 In the event that payment for an order is not received then:
4.4.1. We may contact you allowing you to make payment in full within a specified time period by the same or another means; or
4.4.2. We may at our sole discretion cancel your order in which case we shall return any monies received from you within 30 days of receipt of such monies to your nominated account.
4.5 You agree to reimburse to us all costs and charges (including legal fees) incurred by us in obtaining payments from you in the event you fail to make payment.
4.6 In the very unlikely event that the Product is no longer available, we will contact you and may offer you a replacement product.
5.1 We may accept a 10% deposit payment when you place an order in accordance with clause 4 (“Deposit”).
5.2 The Deposit must be paid to us by bank transfer or by cheque. The Deposit will be a non-refundable payment.
5.3 Once the remaining balance of the payment has been received by us, we will confirm that your order has been accepted by sending you an order confirmation to you at the e-mail address you provide.
5.4 The Deposit payment will only be refunded if you cancel the contract within 7 days in accordance with clause 9.
6. Our Right to Cancel
6.1 We reserve the right to cancel your order.
6.2 If we cancel your order we will notify you in writing and will offer to refund to you any amounts paid to us as soon as possible.
7.1 Delivery will be made to the address specified in the Order Confirmation.
7.2 We will take all reasonable steps to deliver your order to you on or before the date specified in the Order Confirmation. Marble Capital Partners does not warrant or guarantee the delivery date specified in the Order Confirmation and shall have no liability to you for any direct or indirect, actual or consequential loss, damage, costs, expenses or other claims that you may incur as a result of late delivery.
7.3 Ownership of the Product will pass to you on delivery. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
8.1 Upon your request and subject to our acceptance, the Products may be stored at the storage company of our choosing and or address we see fit,
8.2 We offer to insure the Products for the price that you have paid and it is your responsibility to insure the Products for a higher value.
8.3 The insurance arranged by us for actual loss of, damage or destruction to the Product is subject to the insurance conditions which will be sent to you. Please note that irrespective of whether you take out insurance cover, our liability for actual physical loss, destruction or damage to your property is limited to the terms of our insurance policy.
8.4 You must provide us with a minimum of 7 days prior written notice if at any time you want the Product to be sent to you.
8.5 Delivery will be made to such address as specified by you in writing.
8.Marble Capital Partners does not warrant or guarantee the delivery date and shall have no liability to you for any direct or indirect, actual or consequential loss, damage, costs, expenses or other liability that you may incur as a result of late delivery.
8.7 Once the Product has been delivered to you they will be held at your own risk and we shall not be liable for any loss whatsoever.
9. Right of Cancellation
9.1 With the exception of clause 9.1.1, you may cancel your order by written notice to us by following the procedure set out below.
9.1.1. The items which are not eligible for cancellation or return and, therefore, which are not eligible for refund from Marble Capital Partners to the Customer (unless having a defect or fault) include:-
- Any item which has been custom-made to the your specifications;
- Any item which is a special order due to the size requested by you
9.2 If you exercise the right to cancel under clause 9.1 then the following procedure must be followed:
9.2.1 you must notify us in writing within 7 days after the date of delivery of the Product or date that the Product is stored in accordance with clause 8;
9.2.2 secure the Product(s) and all of the original packing materials, including return form, packing slip, and the certificate if appropriate;
9.2.3 send the Product(s) to us by registered mail only;
9.2.4 you must insure the package for the full amount of the invoice. Marble Capital Partners will not be responsible for items lost or damaged during shipping.
9.2.5. clearly print your name and address on the outside of the package in the return area. Mail the package to: Marble Capital partners, 3rd Floor, 207 Regent Street, London W1B 3HH
9.2.6 if the Product has any certificates that was issued with it then they also need to be returned to us. If the certificate is not returned, the cost of replacing it will be deducted from any refund payable to you.
9.3 If you fail to take reasonable care of the Products before they are returned to us and this results in damage or deterioration we will charge you for the reduction in value.
9.4 Subject to the conditions in this clause 9, we will refund the full cost of the item and refunds will be made in the same form as the original purchase.
9.5 Refund requests will be processed after our laboratory inspects and verifies the condition of the Products. Returns take approximately five business days to process upon receipt of the item.
10. Faulty Products
10.1 If the Product is damaged or faulty, you must inform us within 10 days of delivery. If you do not inform us within 10 days we shall have no liability for the Products.
10.2 If you notify a problem to us we will arrange with you for the Products to be returned to us in accordance with clause 9, and we shall refund the price paid.
11. Re-selling your Product
11.1 We may, from time to time, offer services to re-sell your Product. If you would like us to re-sell the Product for you to a third party purchaser, you must inform us in writing by either email or letter setting out the details of the Product to include, but not limited to:
(a) a clear and accurate description of the Product;
(b) the price you wish to sell the Product;
(c) whether the Product is faulty or damaged or flawed and, if so, full details of the flaws together with photographs.
11.2 We may, upon your request, store the Product for you in accordance with clause 8. You must keep this with you until you receive and have accepted an offer by a third party purchaser.
11.3 We will use our reasonable endeavours to re-sell the Product. However, under no circumstances, whether express or implied, do we guarantee a re-sale of your Products and at any particular price.
9.4 We will not accept offers or make quotations or negotiate with or sell the Products without your prior consent and will inform you in writing if we receive any enquiries or offers for the Product. Once you have agreed to accept the offer, we will inform the third party purchaser and request them to make payment to us in full.
11.5 By accepting an offer to sell the Products, you will be entering into a contract with the third party purchaser and not with us. On acceptance of the offer, you must send the Product to us immediately in accordance with clause 9.2 and we will send the Product to the third party purchaser by recorded delivery on receipt of payment in full.
11.6 We will charge you a commission fee of 3% of the gross profit received for the Product. This becomes due and payable to us as soon as we receive payment for the Product from the third party purchaser. We may deduct our commission payment from the payment received for the Product. We will send the balance to you by cheque or bank transfer in accordance with your prior written instructions.
11.7 We will not deal with any complaints, disputes or after-sales enquiries raised by the customer and this will be passed to you.
11.8 We are not liable to you or any third party for any direct, indirect, actual or consequential losses that result of selling or failing to sell the Products.
11.9 We can terminate this clause 11 immediately by written notice to you.
11.10 Once a sale has been agreed you cannot terminate this clause. You can terminate this clause by giving us with 7 days written notice provided that no sale of the Product has been agreed. On receipt of your notice, our obligations under this clause 11 will terminate and we will return the Product to you by recorded delivery.
12. Use of the Website
12.2 The Website and its contents are provided in good faith and without any warranty as to its availability, quality, accuracy or suitability.
12.3 Marble Capital Partners does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that Marble Capital Partners or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
12.4 The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. Marble Capital Partners may also make improvements and/or changes to the Website at any time without notice.
12.5 Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.
12.6 Nothing in these Website terms gives you any license or right to use any trademark, patent, design right or copyright. You may not use, plagiarise, copy, reproduce, adapt, sell or exploit the website or any of its content for any commercial purpose without our prior written consent.
13.1 Without limitation we will not be in breach of contract as a result of any Force Majeure Event.
13.2 We shall not be responsible for losses that result from our failure to comply with the Terms which fall in the categories below:
(a) loss of income;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings; or
(e) any other direct or indirect, actual or consequential loss.
14.Notices, Enquiries and Complaints
14.1 Any notices, enquiries or complaints should be:
14.1.1. e-mailed to admin@marblecapitalPartner.com;
14.1.2. sent by post to us at 3rd Floor, 207 Regent Street, London, W1B 3HH
15. Intellectual Property
15.1 The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name 'Marble Capital Partners' is the sole property of Marble Capital Partners or our licensors. You are not entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.
15.2 All intellectual property rights in the Products (subject to the rights of any third party) belong to Marble Capital Partners.
17.1 These Terms govern the contract to the exclusion of all other terms and conditions us
17.2 Marble Capital Partners reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between Marble Capital Partners and you. Continued use of the Website, or any of its services will signify that you agree to any such changes.
17.3 We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by Marble Capital Partners without incurring any liability on our part.
17.4 If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
17.6 Any pictures and photographs in any of our brochures or promotional materials, from time to time, are for illustrative purposes only and do not form part of the contract. The actual size and colour of the products may differ from those shown in our brochure.
17.7 We may, from time to time, collect information from you. This data can sometimes comprise of personal data. We will use this data that we collect from you in accordance with providing you with updates on our products and to improve our services to you and to notify you of any changes to our terms and conditions of use.
17.8 A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.9 This contract is governed by English law and you and Marble Capital Partners submit to the exclusive jurisdiction of the English Courts.
18.1 Marble Capital Partners do not employ any consultants. Anyone who works under and or represents the Marble Capital Partners brand are self employed and will take full responsibility for the following;
(a) The purchasing of the products;
(b) The sale of the products provided;
(c) The re-selling of any products price on negotiations;
(d) Providing accurate facts and figures to customers at all times;
(e) Not to discuss any financial products, promotions or services covered under the F.C.A;
(f) Not to pose as a regulated trading firm or individual if not qualified;
(g) Not to give any financial advise under any circumstances while representing the Marble Capital Partners Brand;
(h) All of their actions, statements or claims;
(i) The commission or fee they would like to add on to the costs of the products provided by Marble Capital Partners;
18.2 Marble Capital Partners will not take any responsibility for any actions, statements, purchasing or selling of any products sold under the Marble Capital Brand. Marble Capital Partners simple work as an intermediary for self employed Consultants. The commissions payable to the consultants are included in the overall costs of the products supplied and it is the sole responsibility that the customer pays in full in order for the consultant to receive their commissions owed.
18.3 Contracts with consultants are verbal contracts and are legally binding,
18.4 Marble Capital Partners will always comply with all English Laws, Regulations, Acts and Guidelines
18.5 All consultants take full responsibility for any statements they provide. Marble Capital Partners will not be held responsible for any comments or statements made by any Consultant or any persons using the Marble Capital Partners Brand name,
18.6 In the event of misleading or inaccurate information’s being provided the consultant contract with Marble Capital Partners will be immediately terminated.