Terms & Conditions
Welcome to the www.marc-ella.co.uk website (the Website) Terms and Conditions. MARC ELLA Limited (“MARC ELLA”, “we”, “us” or “our”) provides the content of the website.
Your use of and access to the website (the “website”) is subject to the terms and conditions set out in this notice and in our Privacy Policy, product-related information and all applicable laws.
You may not copy, broadcast, republish, download, reproduce, post, transmit, make available to the public, or otherwise use the content of the website in any way or for any reason other than your own personal, non-commercial use. You agree not to adapt, alter or create any work derived from the website except for your own personal, non-commercial use. If you wish to request permission to use any content of the website, please write to us requesting written permission. We reserve the right to refuse all or any requests on whatever grounds and we are not obliged to give you reasons for our refusal.
Use of the website
MARC ELLA Limited is the supplier of all goods sold on the Website and our address is 73A Leathwaite Road SW116RL London, United Kingdom.
By using the website you warrant that all information that you provide to us is true, accurate, complete and current. You must immediately notify us of any changes in your personal information. You can do this by contacting Customer Services via email: hello@marc-ella.co.uk or hello@marcellalondon.com.
You also agree to provide us with your genuine personal details and that you will not impersonate any other legal person or company or act in a fraudulent or deceptive manner at any time whilst using the Website.
Acceptance of orders
We reserve the right to reject, for any reason, any order to purchase made by any person at any time. This might happen if an item is out of stock or we detect an error in price or description on our website.
Description of goods
Whilst we try to ensure that the website contains accurate information, we can not guarantee nor (to the extent permitted by law) do we warrant in any way that the information on the website, including but not limited to descriptions and depictions of colours and styles, is up-to-date, complete, accurate, reliable or error-free. The colour and texture of leather may vary. The beauty of our goods is that all bags are hand-made and therefore you are buying a totally unique item.
Payment
We will not be liable for delay or cancellation in the event that we are unable to obtain authorisation for any payment that you make for any reason.
Risk in the goods
Risk in the goods will pass to you on delivery of the goods.
Property in the goods
Property in the goods will only pass to you when we have received and processed full, authorised and non-fraudulent payment from you. Until then, we will retain the legal ownership of the goods. In the event of a refund, legal ownership of the goods will revert to us immediately.
Delivery
When placing an order, you must specify a delivery option and a delivery address. We will endeavour to deliver the goods to you within the estimated time-scale, but we cannot guarantee to do so and time of delivery shall not be of the essence or legally binding. Where you have ordered more than one item, we reserve the right to deliver each item separately.
Where you are applicable for free delivery, whether because of the number of items ordered or for any other reason, delivery will be deducted from your refund should you decide to return your goods in accordance with our refunds and exchanges policy. This is not a fee and we will only deduct the exact amount paid by us for Postage and Packing. Please note that we do not offer codes for free shipping on discounted orders unless explicitly stated.
Free shipping only applies to items shipped via Royal Mail.
We cannot accept responsibility or liability for any delay caused by the actions or omissions of any third party.
Receipt of goods
Upon receipt, we require you to examine the goods and you will in any case be deemed to have done so. Any cancellation of your order must be made in accordance with our refunds and exchange procedure (see below). We shall not be obliged to offer a refund or exchange in any other circumstances. Your statutory rights are not affected.
Refunds and exchanges
If you have ordered an item from our Online Store and you are not completely happy with it, we guarantee to refund your money provided that you inform us of your intention to return the item and return it to us within 30 days of receipt. Please do not send anything back without first letting us know. If you are outside of the European Union it is your responsibility to fill in a CN22 customs form. You must write that the item is returned goods, or a repair, as applicable. Packages returned without a CN22 customs form or which do not state that the items are returned goods will automatically be rejected and returned to sender. There is nothing we can do about this so please take extra care!
The item must reach us in exactly the same condition as when we posted it to you. All items are checked before dispatch, but in the event that you find a defect in the leather or the hardware you must inform us immediately. Failure to do so may mean that we cannot be held responsible. A photograph may be required for clarification purposes, so that we know where to ask you to return the item. Refunds will be credited by the original method of payment. We are not able to exchange MARC ELLA goods purchased from another store or goods made to order.
Please remember to ask your post office for proof of postage and retain it for your reference. The Post Office will stamp this and supply a tracking reference number to prove the item(s) have been returned. Without this we cannot refund any money or send new items as an exchange.
Returning faulty goods
If you believe that your goods are faulty due to a manufacturing fault, please contact us immediately upon safe receipt of the item and we will do our best to help you. We reserve the right to use our discretion when deciding whether to replace or repair faulty and damaged goods. This will not affect your statutory rights in any way.
Bespoke items cannot be refunded in any circumstances. If there is a genuine problem with a bespoke item, it will be replaced or repaired at our discretion.
Distance selling regulations (“DSR”)
In addition to our returns policy, you are entitled under the DSR to cancel any item purchased from our Online Boutique within 7 working days (beginning the day after receipt). You must notify us of your cancellation in writing and you will be responsible for all postage costs relating to your order. You also undertake to post the items back to us immediately.
Bespoke items are made to order especially for you and cannot be canceled. Deposits placed on our website are not refundable, although we will always do our very best to help you.
None of the above affects your statutory rights.
Complaints procedure
If you wish to complain about any matter please contact Customer Services.
Legal disclaimer
MARC ELLA Limited (MARC ELLA, “we”, “us” or “our”) provides the content of the website, including all names, logos, images, pictures and any other information relating to MARC ELLA on an ‘AS-IS’ basis and make absolutely no representations or warranties of any kind (whether express or implied by law) to the extent permitted by law, including but not limited to the implied Sale of Goods warranties of suitability for a particular purpose, satisfactory quality, security and non-infringement.
Use of marcellalondon.com / marc-ella.co.uk
You may not copy, broadcast, republish, download, reproduce, post, transmit, make available to the public, or otherwise use the content of the website in any way or for any reason other than your own personal, non-commercial use. You agree not to adapt, alter or create any work derived from the website except for your own personal, non-commercial use. If you wish to request permission to use any content of the website, please write to us requesting written permission. We reserve the right to refuse all or any requests on whatever grounds and we are not obliged to give you reasons for our refusal.
Intellectual Property
All materials contained on the website including but not limited to the text, images, names and logos identifying MARC ELLA goods and services or third parties and their goods and services are subject to various forms of intellectual property including but not limited to any copyright, design rights and trade marks that MARC ELLA and/or third parties is, are or may be entitled to. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright or other intellectual property right of MARC ELLA Limited or any third party.
Proposals
We will be delighted to receive your designs, ideas, suggestions, submissions, proposals or ideas (a “Communication”) regarding the website or our goods but any such Communication of any kind that is sent to us, whether by invitation or otherwise, is deemed be non-confidential and non-proprietary and anyone sending, supplying or causing such information to be sent to us will be deemed to do so in a non-confidential way.
By sending us a Communication you grant us, royalty-free, all rights and interests in that you may have in the Communication and/or its contents and acknowledge that we may not return it to you or enter into any further correspondence with you in connection with the Communication. Furthermore, by sending us a Communication you warrant that you own the rights to the Communication and you agree to indemnify us against any and all claims arising from your sending us a Communication.
Limitation of liability
Neither we nor any third party involved in the administration of the website will be liable under any circumstances for any consequential losses (whether such losses are foreseen, foreseeable, unknown or otherwise) arising from the use of the website, including but not limited to loss of profit or anticipated profit, loss of opportunity, loss of or injury to reputation, loss of data, loss of or damage to property, third party losses, loss of business, loss of goodwill or any damages of whatever kind arising out of or in connection with the use of the website.
We make no representation or warranty whatsoever that the content or functions of the website or the server which makes its content available will be error or virus free, provide an uninterrupted service, or that faults will be corrected.
Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs which we incur as a result of your use of the website or any action you take which has an adverse effect on the website.
Prevailing terms
If there is any conflict between these terms and conditions and any other, more specific terms and conditions contained anywhere else on the website, in any of MARC ELLA Terms and Conditions or more precisely in any agreement between yourself and MARC ELLA, the latter shall prevail.
Severance of terms
If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.
Governing law and Jurisdiction
These terms and conditions will be governed by and interpreted in accordance with the laws of England and Wales.