Online shopping for gifts, gadgets and general merchandise.

1. "Marctwo" and the "seller" means M. A. Kealy (trading as "Marctwo"). "Catalogue" means the catalogue of products and services offered by Marctwo. The "buyer" and/or "purchaser" and/or "customer" means the individual or the company name under which the order for goods and/or services is placed.

2. "Force Majeure" means any cause affecting the performance by Marctwo of its obligations arising from acts, events, omissions, happenings or non happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

3. "Working days" means Monday to Friday, excluding Bank or other Public holidays

4. "Year 2000 compliant" means that neither the performance nor the functionality of the goods or services is affected by dates before, during or after the year 2000 and in particular that:

• (a) no value for current dates will cause any interruption in operation
• (b) date based functionality will behave consistently for dates before during and after the year 2000:
• (c) in all interfaces and data storage, the century in any date will be specified either explicitly or by unambiguous algorithms or inferensing rules
• (d) the year 2000 will be recognised as a leap year.

(1) All contracts of sale made by Marctwo shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Marctwo is dealing.

(2) Unless agreed otherwise in writing by the seller, cancellation of orders by customers is not accepted as many orders are dispatched on the same day the order is placed. Once goods have been dispatched, orders are subject to our returns policy (see further in this document).

(3) All orders are subject to acceptance and to availability of the goods ordered. The seller reserves the right to refuse any order placed by a customer. Furthermore, Marctwo will not be responsible for compensating the buyer for any other losses they may suffer if goods are not supplied.

(1) Goods and services are invoiced at the price prevailing at time of order

(2) Marctwo reserves the right to modify the prices without notice.

(1) Any time or date stated for delivery is an estimate only. Marctwo makes every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time. If Marctwo is unable to deliver the goods within 30 days of the date of the order, the Customer will be entitled to cancel the order and require any monies paid to Marctwo in respect of that order to be refunded. Products and services are subject to availability and may be withdrawn at any time. we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. The seller will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.

(2) Marctwo does not accept liability for shortages or damage to deliveries unless the Customer notifies us of the shortage or damage in writing within 48 hours of receipt of the delivery.

(3) The Customer has to accept the goods when they are ready for delivery.

(4) Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer.

(5) Title in the goods does not pass to the Customer until payment is received in full by Marctwo.

(6) If the Customer cannot accept delivery, Marctwo may at its option:

• (a) store and insure the goods at the Customer's expense and risk or
• (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.

(7) Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 48 hours from delivery.

Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 48 hours from delivery.

In-Correct Goods: It is your responsibility to notify us of any in-correct goods supplied within 48 hours from delivery.

Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 3 days from the dispatched delivery date.

(8) The Customer may request a Proof of Delivery, provided that this request is made in writing within 10 days of the date of delivery and the seller shall use reasonable endeavors to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.

(1) Marctwo's standard terms of payment are cleared funds (deemed to be cash received, payments received via bank transfer/internet banking, cleared cheque, cleared credit/debt card). This will apply except in the case of transactions where different terms are agreed.

(2) Except as may otherwise be agreed by the Seller, payments are to be made without retention and in any event the seller reserves the right to demand payment at any time.

(3) We accept a number of major credit and debit cards including Visa, Mastercard and Switch. On the order you must provide us with your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your credit card has been properly received. You undertake that the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. You may also pay by cheque or postal order although we cannot dispatch the goods until payment has been cleared which can take at least 10 days. Dishonored cheques will be subject to an administrative fee of £25.00 + vat per representation/default.

(4) The purchaser shall not be entitled to deduct or set-off from any money due pursuant to the contract any claim for loss or expense alleged to have been incurred by the Purchaser by reason of any breach of failing to observe the provisions of this or any other contract by the seller (and the Purchaser expressly waives any common law rights of set-off to which it may be entitled).

(1) Marctwo makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. In the event that Marctwo cannot supply the goods ordered by the Customer, Marctwo reserves the right to offer goods of equal or superior quality at no extra cost. If the Customer does not wish to accept the alternative goods offered he or she may cancel the order and require any money paid to Marctwo in respect of that order to be refunded.

(2) The product images supplied are for illustrative purposes only and should not be assumed to be an actual photograph of the product and its features/functionality. Any colour or size variations will usually be mentioned. If in doubt, please contact Marctwo at info@marctwo.co.uk for further product information and clarification. If you are not satisfied with the product supplied, we will be happy to accept the product back subject to our returns policy.

Trade names and marks (other than Marctwo's) are not always indications of manufacturers but may also be indicative of general use systems and machines associated with such products. In the case of component purchases, Customers requiring a particular brand of product should check with Marctwo the manufacturer of component it is proposed to supply.

(1) Marctwo is committed to providing it's customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective, and in keeping with our commitment to providing Customers with excellent service, we offer the returns facilities set out below.

(2) All goods supplied by Marctwo are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.

(3) Marctwo does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.

(4) In the event that Marctwo, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with Marctwo's prior agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of the goods value or £20, whichever is the greater.

(5) Subject to testing in order to verify any alleged fault, we will accept the return of defective products for full refund or replacement, if, but only if, the goods are returned within 14 days of purchase. Furthermore, products sold on a "no returns" basis will not be accepted for credit under any circumstances (see returns policy). Products sold on a "no return" basis will clearly state so.

• (a) Authorised product returns must be sent to: Marctwo, 34 Wyatt Close, Birmingham B5 7QR
• (b) All returned goods must be accompanied by Marctwo's Returns Authorisation number (RA) which can be obtained by contacting Customer Support at returns@marctwo.co.uk. Returned goods will not be accepted without a Marctwo RA number. The RA number must be clearly marked on the outer packaging, not on the goods. Failure to follow these instructions may result in delay and additional costs.
• (c) Marctwo cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
• (d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to maintain sufficient insurance to cover the value of the goods. The cost of postage is to be borne by the customer.
• (e) On receipt of the returned product, we will test it to identify the fault you have notified to us.
• (f) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility.
• (g) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
• (h) If on cancellation, the return of any Goods which have already been delivered is necessary risk of damage in transit shall remain with the purchaser until the returned Goods are accepted by the Seller.

(6) Unless otherwise stated in the manufacturer's documentation, all goods delivered to UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to expedite a resolution of your problem, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer.

(7) No software on which seals have been broken can be returned for credit. If any software discs are faulty they will be replaced by the manufacturer. Please note Software Licences are non returnable.

(8) Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Marctwo will only accept a return within 14 days of purchase or the manufacturer's time limit if it is less than 14 days. This is clearly indicated on the catalogue page for the particular product.

(1) Marctwo shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss. Marctwo's liability in respect of all other losses shall be limited to the invoiced value of the relevant order.

(2) Nothing in this agreement shall limit Marctwo's liability for death or personal injury caused by its negligence.

In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, Marctwo confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.

Where, in spite of its reasonable efforts, Marctwo is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

(1) Marctwo makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Marctwo will be entitled to rescind the contract, and Marctwo's liability in that event will be limited to the return of any money the Customer has paid in respect of that order.

(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Marctwo which is more than 10% less than the price that would have been quoted had the mistake not been made.

(1) Nothing in these terms and conditions affects your statutory rights, either as a consumer or otherwise.

(2) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

(3) Any waiver of a breach of this Agreement must be in writing.

(4) Any variation of this Agreement must be in writing and signed by a duly authorised Marctwo official.

(5) The headings are for convenience only and shall not affect the interpretation of this Agreement.

(6) Any notices given under this Agreement shall be in writing and sent

• (a) by first class pre-paid post to the last known address of the party or
• (b) by fax to their last known fax number or
• (c) by e-mail to the last notified e-mail address of the party.

The notice shall be deemed served

• (a) two working days after posting or
• (b) upon receipt of a successful transmission report or
• (c) after system confirmation of e-mail delivery.

(7) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

(8) Marctwo may at its discretion record telephone transactions for staff training and quality control purposes. The tapes will be erased after review.

(9) Marctwo reserves the right to change or amend these terms and conditions at any time and without prior notice.

(1) The contract shall in all respects be governed by and construed and interpreted in accordance with English Law and in the event of any dispute arising the same shall be subject to the jurisdiction of the English courts.

(2) The purchaser shall ensure that the use to which the Goods are to be put does not contravene any local or national laws, bye-laws, regulations or planning consents for the time being in force, and will indemnify the seller against any such contravention's.

Marctwo is committed to providing it's customers with the highest quality products and service. However, on rare occasions products may be found to be faulty or defective and in keeping with our commitment to providing you with excellent service, we offer the following returns facilities:

1. Subject to testing to verify any alleged fault, we will accept the return of defective products for full refund or replacement, if, but only if, the goods are returned within 14 days of purchase. On receipt of the returned product, we will test it to identify the fault you have notified to us. If following the testing process, the product is found to be in good working order without defect, we will return the product to you. The carriage cost of this return will be your responsibility. This does not apply to products that have been sold on a "no return" basis. Products sold on a "no return" basis will clearly state so. Similarly, products may be sold on a "limited warranty" basis and the terms of this shall be made clear by the seller.

2. Marctwo will only accept unwanted products for refund within 14 days of delivery, provided that the goods are in an unopened and re-saleable condition, and will be subject to a minimum handling fee of £20 or 15% of goods value which ever is the greater.

3. As Marctwo does not sell products on a trial basis customers are strongly advised to check suitability and specifications of products before ordering.

4. Unless otherwise stated in the manufacturer's documentation, all goods delivered to UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to expedite a resolution to your problem, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. Products sold on a "no return" basis cannot be returned for credit under any circumstances. Products sold on a "no return" basis will clearly state so. Similarly, products may be sold on a "limited warranty" basis and the terms of this shall be made clear by the seller.

5. All returned goods must be accompanied by Marctwo's Returns Authorisation number (RA) which can be obtained by contacting Customer Support at returns@marctwo.uk.com. Returned goods will not be accepted without a RA number. The RA number must be clearly marked on the outer packaging not on the goods. Failure to follow these instructions may result in delay and additional costs.

6. If Marctwo ask you to return it to us directly, please send it to the address below. Proof of postage is not necessarily proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier and to maintain sufficient insurance to cover the value of the goods. If on cancellation, the return of any Goods which have already been delivered is necessary, risk of damage in transit shall remain with the purchaser until the returned Goods are accepted by the Seller.

Marctwo cannot accept liability for packages damaged during transit. It is your responsibility to wrap the product adequately to prevent damage happening.

7. No software on which seals have been broken can be returned for credit. If any software discs are faulty the manufacturer will replace them. Please note Software Licences are non-returnable.

8. These terms and conditions do not affect your statutory rights

9. Authorised product returns must be sent to: Marctwo, 34 Wyatt Close, Birmingham B5 7QR.

10. Marctwo reserves the right to change or amend these terms and conditions at any time and without prior notice.