These terms and conditions (the "Terms") apply to the order by you and supply of the goods specified in your order (the "Goods") by us to you (the "Contract"). No other terms are implied by trade, custom, practice or course of dealing.

1.1 - We are Marks Electrical Limited, a company registered in England and Wales. Our company registration number is 04463433 and our registered office is at Marks Electrical Ltd., 4 Boston Rd, Leicester, LE4 1AU. Our registered VAT number is 425 1563 14.

1.2 - You can contact us by telephoning our customer service team at 0116 2 515 515 or by writing to us at Marks Electrical Ltd., 4 Boston Rd, Leicester, LE4 1AU.

2.1 - All prices are shown in £ sterling and include VAT but exclude any delivery and credit card transaction charges.

2.2 - We reserve the right to change any advertised prices at any time.

2.3 - The price you pay is the price displayed on the website or the order form at the time we receive your order, except in the instance where an error has occurred with the price shown on the website.

2.3.1 - Please note that prices go up and down on a daily basis.

2.3.2 - When placing an order you are purchasing the Good(s) at the price(s) shown at that time.

2.3.3 - Should a price subsequently change after your order has been processed and delivery has been arranged, we are unable to adjust your order to the new price.

2.4 - In the event that an error is discovered with the price of any Goods you have ordered:

2.4.1 - We will inform you as soon as we can whereupon we will give you the option of amending your order at the correct price or cancelling it.

2.4.2 - If you cancel your order and have already paid for the Goods we will give you a full refund.

2.4.3 - In the event that we are unable to contact you we will cancel the order and refund you any sums you have paid.

3.1 - Payment can be made by most major credit cards (except Diners Club cards). We also accept any debit card and PayPal.

3.2 - We also have other payment methods which are subject to acceptance with Klarna, Clearpay, V12 Finance, PayPal Credit.

3.3 - Full payment for your Goods is taken when a new order is created unless we confirm otherwise (only applicable to non-finance purchases).

3.4 - We do not give out paper invoices. We will email an order summary to you if you have given us an email address.

3.5 - Voucher codes are occasionally issued by Marks Electrical. See our Discount Vouchers page for voucher specific terms and conditions.

4.1 - All Goods are subject to availability and may be changed at any time.

4.2 - If your order cannot be fulfilled you will be offered an alternative or given a full refund.

4.3 - If an order is received for a discontinued product we will automatically provide you with the up-to-date equivalent, providing it is available and the same price as the discontinued model. If this is not the case we will contact you.

5.1 - Please follow the onscreen prompts to place an order when ordering online or the process explained by our agent if ordering over the phone. Each order is an offer by you to buy the Goods subject to these Terms.

5.2 - Our online order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

5.3 - After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.

5.4 - Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.

5.5 - If we are unable to supply you with the Goods or have to cancel your order for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods and request a refund, we will refund you the full amount including any delivery costs charged as soon as possible and this will be your sole remedy as a result of the cancellation. If we source replacement goods for you, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to supply or order cancellation was caused by an Event Outside Our Control.

6.1 Delivery

6.1.1 - Once your order has been processed, we will contact you with an estimated delivery date. We always endeavour to deliver on the delivery date but occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 10 below for our responsibilities when this happens.

6.1.2 - We will only deliver to ground floor properties (unless a lift is available); this can include a maximum of 4 steps. Certain products may be delivered up or down a flight of stairs at additional cost. Call us to find out if the items you require can be delivered in this way.

6.1.3 - Whilst our own drivers are happy to wheel your product into an unobstructed room of your choice, we cannot be held responsible for any damage incurred. It is your responsibility to protect any floor coverings to prevent damage while the products are being situated in the property.

6.1.4 - Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

6.1.5 - You own the Goods once we have received payment in full, including of all applicable delivery charges.

6.2 - We will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you refused to accept delivery, did not have anyone at the delivery address to accept delivery, or failed to provide adequate delivery instructions or any other instructions that are relevant to the supply or delivery of the Goods.

6.3 - If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

6.4 - Failed delivery charges (see the Table of Charges in Clause 7.1 below) may be applied in the event that a delivery fails including (without limitation) as a result of any of the following reasons:

6.4.1 - You cancel the order after the point at which the Goods have been loaded for delivery at our warehouse;

6.4.2 - You provide insufficient/incorrect contact details or an incorrect delivery address thereby resulting in our inability to contact you or otherwise make a successful delivery;

6.4.3 - You refuse delivery upon arrival of our delivery vehicle;

6.4.4 - There is no-one at the delivery address to accept delivery. You must ensure that you can be available all day on your chosen day of delivery; or

6.4.5 - There are parking restrictions or other access problems (e.g. stairs or narrow doorways) which you failed to notify our telesales operators of. By booking your own delivery date at the checkout you are agreeing that there are no such access or parking restrictions which we should be aware of.

6.5 Installation

6.5.1 - We offer an installation service in some areas. Please see our installation terms and conditions for more details about this service.

6.5.2 - If a connection fails because you did not inform of us of any reason why it may not be successful or because you did not comply with the requirements set out in the installation terms and conditions we reserve the right to make a failed connection charge (see Table of Charges in Clause 7.1 below).

6.6 Additional Services

6.6.1 - If requested we will collect old appliances for recycling on a like-for-like basis when we deliver your new item(s). We make a charge for this service to cover collection and transportation.

6.6.2 - Additional services which have been ordered but are then declined upon delivery are non-refundable, as we allocate space for these services on our delivery vehicles. This includes 'Old Product Collection', 'Unwrap and Remove Packaging' and 'Bulky Item Delivery' services.

7.1 Table of Charges

Failed delivery Re-delivery (standard) £25 per item
Re-delivery (Americans/range cookers) £50 per item
Cancellation (standard)
- After the order has been loaded onto our vans and before the delivery has been attempted
£35 per item
Cancellation (Americans/range cookers)
- After the order has been loaded onto our vans and before the delivery has been attempted
£75 per item
Cancellation (standard) £70 per item
Cancellation (Americans/range cookers) £150 per item
Failed installation/connection 100% of connection charge per appliance

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7.2 Damaged or faulty goods

7.2.1 - Should you discover a fault with products that you have received you should contact us as soon as reasonably possible. Our friendly customer service team will be happy to help and talk you through your options, via online chat or telephone on 0116 2 515 515. Do not attempt to repair the product yourself, we do not cover accidental damage caused by the customer.

7.2.2 - If the fault is found within 30 days of purchase, you are entitled to a full refund or exchange (subject to stock availability). If a fault is discovered after 30 days but within the guarantee period of your product, you should contact the product manufacturer, who will assist with your issue.

7.2.3 - We want all of our products to reach the customer undamaged, in brand new condition and we do our very best to ensure this is the case. However, if any of our customers note any damage to our products on delivery, we give a 48-hour window for the damage to be reported to our customer service team. To obtain a full refund for a damaged item you must not start to use, install or input any data/software.

7.3 Unwanted item

7.3.1 - You can return your item within 14 days if the product is unused and in its original packaging. If you have unwrapped the product yourself and you no longer have the original packaging, you may be eligible for a partial refund. If the product has been used, you will not be eligible for a refund, unless faulty (see 7.2).

7.3.2 - Please do not return any products to us until you have discussed your return with a customer service representative and your return has been confirmed.

7.3.3 - You have the choice of returning smaller products via your own means (at your own cost), or larger products, requesting that we collect them. We will charge you the direct cost to us of collection, which is £70 per item for washing machine size products, or £150 for range cookers and American fridge freezers. Note, if you are purchasing a new product or exchanging your product, we may reduce these collection charges.

7.3.4 - You have a duty of care while the products are in your possession, and we reserve the right to charge you for any damage that may have occurred during this period.

7.4 Cancelling an undelivered order

7.4.1 - To cancel an undelivered order, please contact our customer service team on 0116 2 515 515 who will be happy to assist.

7.4.2 - You must contact us before 4pm the day before delivery to cancel your order. If you fail to contact us before, you may incur failed delivery charges.

7.5 Returns

Within 14 days Boxed / Unboxed but unused Washing machine size £70 per item
American Fridge Freezer / Range Cooker £150 per item
Within 14 days Used / Installed Washing machine size NO RETURN
American Fridge Freezer / Range Cooker NO RETURN

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7.6 Exchange

Within 14 days Boxed / Unboxed but unused Washing machine size £25 per item
American Fridge Freezer / Range Cooker £50 per item
Within 14 days Used / Installed Washing machine size NO RETURN
American Fridge Freezer / Range Cooker NO RETURN

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7.7 Faulty or damaged

Faulty within 30 days Exchange No charge
Return No charge
Damaged within 14 days but reported within 48 hours Exchange No charge
Return No charge
Damaged within 14 days but NOT reported within 48 hours Exchange NO RETURN - REFER TO MANUFACTURER
Return NO RETURN - REFER TO MANUFACTURER

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All product information shown on the website is believed to be correct and accurate from the source material (i.e. manufacturer's documentation). However we regret that we cannot be held responsible for any errors or omissions.

9.1 - Unless we notify you otherwise, all Goods carry a minimum 12 months' parts and labour guarantee issued by the manufacturer which is subject to provisions that the appliance:

9.1.1 - Has been used solely for domestic purposes and is on domestic premises; i.e. not for commercial or trade use.

9.1.2 - Has been used solely in accordance with the instruction book.

9.1.3 - Has not been subject to misuse, accident, modified or repaired by anyone other than the manufacturer's service engineers.

9.2 - Any appliance which has a guarantee over 12 months must be registered within 28 days of receipt to qualify for any additional years' cover.

9.3 - We offer extended 5-year warranties which cover parts and labour which can be purchased through the website or over the telephone.

9.3.1 - These are underwritten by UK General Insurance Services and administered by Corporate Support Solutions.

9.3.2 - Please refer to the warranty terms and conditions for further information.

10.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control including:

10.1.1 - acts of God, flood, drought, earthquake or other natural disaster;

10.1.2 - epidemic or pandemic;

10.1.3 - terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

10.1.4 - nuclear, chemical or biological contamination or sonic boom;

10.1.5 - any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;

10.1.6 - collapse of buildings, fire, explosion or accident;

10.1.7 - any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);

10.1.8 - non-performance by suppliers or subcontractors; and

10.1.9 - interruption or failure of utility service.

(an "Event Outside Our Control").

10.2 - If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

10.2.1 - we will contact you as soon as reasonably possible to notify you; and

10.2.2 - our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

10.3 - You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return at your cost any relevant unused Goods you have already received and we will refund the price you have paid for the Goods.

11.1 - We will use the personal information you provide to us:

11.1.1 - to supply the Goods to you;

11.1.2 - to process your payment for the Goods;

11.1.3 - to identify you in the future should you need to contact us regarding your purchase;

11.1.4 - to notify you in the unlikely event of a manufacturer's safety notice or product recall;

11.1.5 - if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

Please refer to our privacy policy for further information.

11.2 - We will comply with the applicable data protection laws in the UK when processing any personal data which you provide to us.

12.1 - When we refer to "in writing" in these Terms, this includes email.

12.2 - Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

12.3 - A notice or other communication is deemed to have been received:

12.3.1 - if delivered by hand, at the time the notice is left at the proper address;

12.3.2 - if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

12.3.3 - if sent by email, at 9.00 am the next working day after transmission.

12.4 - In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.

12.5 - The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

We reserve the right to amend these Terms wherever we deem it appropriate or necessary provided this does not affect any statutory rights you may have as a Consumer.

If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

This Contract is governed by English law and any disputes will be subject to the exclusive jurisdiction of the English courts.

Here at Marks Electrical we do everything we can to ensure our customers get the best products and highest level of customer care and service possible. However, from time to time, we may not get this right on the first occasion and if you're not completely happy with your experience, we want to hear about it so we can make amends.

When this happens we want to:

  • Make it easy for you to tell us what went wrong;
  • Give your complaint the attention it deserves;
  • Resolve your complaint fairly without delay; and
  • Make sure you are satisfied with how your complaint was resolved.

How and where to complain

If you are not satisfied with any aspect of our service or products you have received, you can raise a complaint in the following ways:

  • Telephone our helpful customer service team on 0116 2 515 515 Mon-Fri: 9:00am - 5:30pm and Saturday 9:00am - 5:00pm and Sunday: 10:00am - 4:00pm.
  • Emailing us at complaints@markselectrical.co.uk
  • Writing to us at:
    Marks Electrical Ltd.
    4 Boston Rd
    Leicester
    LE4 1AU

Resolution

We aim to respond to complaints within 48 hours of receiving the initial contact. Sometimes there can be delays with resolutions whilst we co-ordinate with manufacturers and third parties to ensure the best possible outcome for you, however we will keep you informed during this process. We may request additional information from yourselves, including images. To enable us to deal with your complaint as efficiently as possible, please reference your order number when you contact us.

Financial Ombudsman

Should we resolve your complaint by eight weeks, we will write to you with a final response letter detailing our findings. If we are unable to provide a final response at this time, we will send a letter detailing why there has been a delay and confirm when we expect to send you a final response.

In the unlikely event, you are still dissatisfied and your agreement is regulated by the FCA, you are entitled to refer your complaint to the Financial Ombudsman Service free of charge. This should be done straight away, but must be within six months from the date of our final response.

Further information regarding the Financial Ombudsman Service can be found on their website at www.financial-ombudsman.org.uk.

The following terms and conditions shall replace the appliance numbered terms and conditions above if the customer is purchasing the goods in the course of a trade, profession or business.

[…]

3.3 - Full payment for your Goods is taken when a new order is created unless we confirm otherwise. We may ask you to pay a deposit to secure your order with the full balance due before the Goods are delivered to you. You agree that your deposit may be retained by us and offset against any cancellation or re-stocking charges you may owe to us pursuant to Clause 7.

7.1 Damaged or faulty goods

7.1.1 - Should you discover a fault with products that you have received you should contact us as soon as reasonably possible. Our friendly customer service team will be happy to help and talk you through your options, via online chat or telephone on 0116 2 515 515. Do not attempt to repair the product yourself, we do not cover accidental damage caused by the customer.

7.1.2 - If the fault is found within 30 days of purchase, you are entitled to a full refund or exchange (subject to stock availability). If a fault is discovered after 30 days but within the guarantee period of your product, you should contact the product manufacturer, who will assist with your issue.

7.1.3 - We want all of our products to reach the customer undamaged, in brand new condition and we do our very best to ensure this is the case. However, if any of our customers note any damage to our products on delivery, we give a 48-hour window for the damage to be reported to our customer service team. To obtain a full refund for a damaged item you must not start to use, install or input any data/software.

7.2 - Subject to our written agreement and the payment of a re-stocking charge (which is 25% of the purchase price of the Goods) by you, the Goods may be returned at your expense within 7 days of delivery.

7.3 - For the avoidance of doubt, and subject to Clauses 2.4 and 1A.2 (where applicable), cancellation rights do not apply for sales to trade, business or profession. If we do accept the cancellation of an order (in whole or in part), we reserve the right to charge you a cancellation charge (which is 25% of the purchase price of the Goods).

9.1 - We are a re-seller and not a manufacturer of the Goods. In this respect and to the fullest extent permissible by law, we are unable to offer any express warranties of any kind whatsoever in respect of the Goods.

9.2 - Save to the extent that any exclusion or restriction of liability may be prohibited by statute, all implied warranties relating to the Goods (statutory or otherwise) including (without limitation) any warranties relating to quality or fitness for a particular purpose, shall be fully excluded.

9.3 - The Goods may be sold with a manufacturer's warranty, details of which shall be dispatched with the Goods.

9.4 - Goods which are found to be defective following delivery shall be dealt with by the you in accordance with any subsisting manufacturer's warranty. For the avoidance of doubt, this may mean that the Goods are repaired as opposed to replaced and must be returned directly to the manufacturer as opposed to us.

9.5 - All products purchased from us are supplied with the standard manufacturer's warranty. The warranty is valid for domestic use only and not covered for the event of use within a commercial environment.

The following additional terms and conditions shall apply if the customer is purchasing the goods in the course of a trade, profession or business.

1A.1 - References to liability in this clause 1A include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

1A.2 - Nothing in these Terms limits or excludes our liability for:

1A.2.1 - death or personal injury caused by our negligence;

1A.2.2 - fraud or fraudulent misrepresentation;

1A.2.3 - breach of the terms implied by section 12 of the Sale of Goods Act 1979 (Title and Quiet Possession); or

1A.2.4 - any other liability that cannot be limited or excluded by law.

1A.3 - Subject to clause 1A.2, we will under no circumstances be liable to you for:

1A.3.1 - any loss of profits, sales, business, or revenue;

1A.3.2 - loss or corruption of data, information or software;

1A.3.3 - loss of business opportunity;

1A.3.4 - loss of anticipated savings;

1A.3.5 - loss of goodwill;

1A.3.6 - export or taxation charges for movement of Goods outside of the UK; or

1A.3.7 - any indirect or consequential loss.

1A.4 - Subject to clause 1A.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% the price of the Goods.

1A.5 - Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

2A.1 - Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract without liability to you and with immediate effect by giving written notice to you if:

2A.1.1 - you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;

2A.1.2 - you fail to pay any amount due under the Contract on the due date for payment;

2A.1.3 - you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

2A.1.4 - your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

Model cancellation form

To Marks Electrical Ltd., 4 Boston Rd, Leicester, LE4 1AU

I hereby give notice that I cancel my contract of sale of following Goods [insert description of the Goods bought].

Ordered on [insert date]/received on [insert date].

Name:

Address:

Customer signature:

Date:

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