Ma Ma Chong Terms & Conditions
1.1 ‘The Company’ means Ma Ma Chong, registered office No 4, Belford Terrace, Midlothian, Edinburgh, EH4 3DQ, company registration number SC505545;
1.2 ‘The Buyer’ means the Buyer as specified on the invoice;
1.3 ‘The Goods’ means the goods supplied by the Company as detailed on the invoice;
1.4 ‘The Order’ is detailed on the invoice;
1.5 ‘The Price’ is detailed on the invoice;
1.6 ‘In writing’ means hard copy or fax but not E-mail.
2. The Company will sell the Goods to the Buyer, who will purchase them on these terms of business. If there is inconsistence between these standard terms and any Special Conditions, the latter will prevail.
The delivery of Goods in the UK and elsewhere are despatched to the Buyer at the Buyer’s expense and liability, unless otherwise agreed in writing. Such charges as incurred by the Company will be invoiced at the same time or separately to the invoice of the Goods. Delivery to a carrier shall be treated as delivery of the goods to the Buyer. Risk in loss of the Goods passes on delivery. The Company reserves the right to make delivery of the Goods by instalments. Whilst using all reasonable efforts to ensure that the Goods are ready for delivery on time, all delivery dates quoted are approximate only.
4. Price and Payment
4.1 The Price shall be paid in pounds sterling in the UK. The Goods are to be paid for in full before despatch of the Goods and no settlement discounts, set-offs or other deductions may be made against amounts due on the Company’s invoices or statements, unless alternative payment arrangements have been agreed by the Company and confirmed in writing before delivery of the Goods. Interest is payable by the Buyer on overdue invoices at 8% p.a.
5. Goods inspected on delivery
5.1 The Buyer is under a duty to inspect the Goods as soon as they are received, and shall notify the Company of any damaged Goods, shortage or non-delivery within 7 days of invoice date, otherwise it loses its right to claim.
6. Intellectual Property Rights
6.1 The Buyer acknowledges that it does not acquire (nor does it seek to acquire) any right or interest in the Intellectual Property in the goods. The Buyer will not exploit (or allow any of its customers, employees, or agents to exploit) the Intellectual Property Rights in the Goods and shall compensate the company on an indemnity basis against any losses incurred as a result of such breach;
6.2 The Buyer shall immediately notify the Company in writing of any claim that comes to the Buyer’s attention for infringement of any Intellectual Property Rights relating to the Goods or their packaging.
6.3 The Company hereby prohibits any copying or reproduction whatsoever of the Goods, to the fullest extend permitted by law.
7. Force Majeure
7.1 There shall be no liability for either party in the event that it cannot perform any of its obligations under this Agreement (save for payment obligations in clause 4) due to one of the following non-exhaustive list of events (namely Acts of God, war, fire, flood, tempest, strikes, lockouts, industrial action, riots) or any other event out of the reasonable control of the parties.
8. Retention of Title
8.1 Title to the Goods will be on annual license term of 12 months, which will be paid in full and in advance of the year commencing. to the Buyer when full payment has been received by the Company. If such payment to the Company is overdue in whole or in part, it may (without prejudice to any of its other rights) recover or resell the Goods or any of them and may enter upon the Buyer’s premises with its employees or agents for that purpose.
9.1 Either party may terminate this Agreement on 14 days notice in writing if the other party enters into administration, appoints an administrative receiver or enters into insolvency or the other party commits a material breach of this Agreement, unless such breach shall be capable of remedy, when the party in breach shall be afforded 30 days to remedy the breach from being notified in writing of such breach.
9.2 No cancellation by the Buyer is permitted after the acceptance of the Buyer’s Order by the Company, except where expressly agreed by a Director of the company in writing. The Buyer will (if cancellation is agreed) indemnify the Company on an indemnity basis against all its expenses incurred up to the time of such cancellation, together with by way of liquidated damages a sum of 30% of the contract price, which shall be paid by the Buyer to the Company forthwith.
10.1 The Company shall not be responsible for any direct, indirect or consequential loss howsoever arising out of this contract (of whatever nature) including negligence and in any event limits its liability to the Buyer under this Agreement to the price of the Goods ordered, save for liability for death or personal injury caused by the Company’s negligence.The buyer shall agree to take out Limited Liability insurance.
11.1 The parties acknowledge that this Agreement represents the entire understanding between the Parties in relation to its subject matter.
11.2 The jurisdiction and law applicable to this Agreement is that of the UK.
11.3 Links - When you click on links on our website, they may direct you away from our website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
11.4 Age of Consent. By using our website, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
11.6 General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, website or products. Prices for our products are subject to change without notice. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, to limit the sales of our products or services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change anytime without notice, at the sole discretion of us. We do not warrant that the quality of any products, services, information or material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
11.7 Account information and billing.
We reserve the right to refuse any order you place with us. We may in our sole discretion limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchased and account information for all purchased made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
11.8 User Comments, Feedback and other submissions
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium. We are and shall under no obligation maintain any comments in confidence, pay compensation for any comments or respond to any comments.
11.9 Errors, Inaccuracies and omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
11.10 Prohibited uses
You are prohibited from using the site or its content, for any unlawful purpose, or to solicit others to perform or participate in any unlawful acts.