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1.        Definitions                                                                                                                         
In these general terms and conditions of sale: -
1.1                  “the Company” means Marresa Limited;
1.2                  “the Customer” means the person, firm or company to whom the Company agrees to supply any goods under the Contract;
1.3                  “Goods” means goods the Company agrees to supply to the Customer under the Contract;
1.4                  “the Contract” means the agreement, to which these Conditions apply, made by the Company for the supply of any goods; and
1.5                  “these Conditions”, means the terms and conditions of sale of which this definition forms part.
2.       Specification
2.1                  The Company reserves the right to update and amend any specification of Goods without notice to the Customer.
2.2                  The images of the Catalogue serve as a guide only, and the colours and finishes of the Goods may vary.
3.       Payment
3.1                  The Customer shall pay the Company in full for all Goods on a Pro Forma basis, until a regular trading history has been established. Thereafter, if a credit application is successful, our credit terms are 30 days net from date of invoice.
3.2                  We understand and will exercise our statutory right to claim interest and compensation for debt recovery cash under the late payment legislation if we are not paid according to our credit terms.
4.       Delivery
The Company will use its reasonable endeavours to deliver, or prepare for collection Goods on quoted delivery or collection dates. However, such dates are not of the essence to the Contract and the Company shall incur no liability for failure to deliver or prepare for collection Goods by any such dates.
5.       Examination & Acceptance
5.1                  The Customer shall examine the Goods upon collection or delivery and notify the Company in writing of any breakages, shortages or defects within 5 working days of collection or delivery.
5.2                  Where the Company accepts any claim for breakages, shortages or defects brought to its attention under Clause 5.1, it shall either (at its option) replace the Goods or allow the Customer credit in respect of the Goods which are the subject of the claim
6.       Cancellation by Customer
6.1                  The Customer has no right to cancel the Contract and shall not wrongfully refuse to accept any Goods.
6.2                  If the Customer purports to cancel the Contract in whole or in part or wrongfully fails to accept the Goods, the Customer agrees to pay the Company such an amount as the Company shall reasonably estimate to represent its loss (including without limitation any difference between the amount invoiced to the customer and the price at which the Goods were eventually sold for, or failing such sale, the lowest price at which the Goods could have been sold for by the Company) resulting from such cancellation.
7.       Force Majeure
The Company shall not be liable to the Customer in respect of any failure to perform or delay in performing any of its obligations under the Contract where such failure or delay is attributable to any cause of whatsoever nature beyond the Company’s reasonable control. Such failure or delay shall not be deemed for any purpose to constitute a breach of the Contract.
8.       Liability
The Customer will indemnify and keep indemnified the Company against all claims, proceedings, costs and expenses in connection with any third party claim based upon any allegation that the safety of the Goods (or materials or components comprised within the Goods or any goods in which the Goods are incorporated) is not such as persons are generally entitled to expect, save where such deficiency in their safety was present at the time the Goods were despatched to the Customer or its agents by the Company or its agents. This does not exclude us from our liability under English governing law if there is an inherent product defect. 
9.       Retention of Title
9.1                  In respect of Goods which are the subject of the Contract, legal and beneficial title therein shall be retained by the Company until the earlier of:-
9.1.1               the resale of such Goods by the Customer in the ordinary course of its business; and
9.1.2               the payment in full for such Goods and all other monies owing by the Customer to the Company on any account whatsoever by the Company.
9.2                  The Customer, as the Company’s gratuitous bailee, shall ensure that the Goods are stored separately, securely, in such a manner that they remain identifiable as the Company’s property and do not deteriorate in condition until legal and beneficial title therein passes to the Customer.
9.3                  Upon the occurrence of any of the following three events:-
9.3.1               any payment or payments for the Goods or any other monies owing by the Customer to the Company becoming overdue; or
9.3.2               a court making an administration order with respect to the Customer or any composition in satisfaction of the debt of, or a scheme of arrangement of the affairs of, the Customer or the Customer undergoing any comparable procedure under the laws of any competent jurisdiction; or
9.3.3               the Customer entering into liquidation, or being declared insolvent or bankrupt, or making an assignment or other arrangement for the benefit of its creditors, or having an administrative receiver appointed to it, or having a receiver or manager of its assets or a material part thereof appointed, or undergoing any comparable procedure under the laws of any competent jurisdiction
Then (without prejudice to the company’s other rights and remedies in respect thereof) the Company may recover the Goods or any of them which are still in the Customer’s possession, with the power to resell the same. This Clause shall constitute an irrevocable licence given by the Customer to the Company, to allow the servants, agents and representatives of the Company to enter the Customer’s premises and remove therefrom such of the Goods as might be found therein upon the occurrence of any event listed in Clauses 9.1 and 9.2.
10.      Governing Law
The Contract shall be governed by and construed in accordance with English law and each party submits to the exclusive jurisdiction of the Supreme Court of Judicature of England in relation to any claim, dispute or difference which may arise in relation to the Contract.
11.      Please note the following information:
All orders are subject to our standard terms & conditions of sale.
All inners are as detailed on price list. Prices are correct at time of going to print.
Orders are consolidated across all brands except Djeco which is dispatch directly from France.
A minimum order value of £150 (exc VAT) is applied per order excluding Djeco products.
Carriage paid orders above £400 (exc VAT, discounts and Djeco purchases) to single delivery address. Orders below £400 will incur carriage costs which will be quoted at the time of order.
All prices are in £ Sterling and are exclusive of VAT.
Export orders are EX –Warehouse, Derby, UK and strictly net
The company has no “sale or return” policy
All goods for return must have a returns authorisation form signed by Nite Limited
By providing your Email addresses you accept that we may send out promotions and special offers by E-mail. E-mail addresses will not be passed on to third parties.

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