WhoshouldIsee Tracks

1.  About Us

1.1          We are Mark Vitow Ltd, a company registered in England and Wales under number 02425046. Our registered office is at: St John’s Court, Easton Street, High Wycombe, HP11 1JX, United Kingdom.

1.2          Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Mark Vitow Ltd, and any reference to ‘you’ or ‘your’ is to the person placing an order with us.

1.3          You can contact us on 020 8207 3784 or via email at sales@markvitow.com or the online ‘contact us’ form on our website.

2.  These Terms

2.1          These terms (Terms) apply to any purchases you make from us, whether via our website (merchant portal), telephone, text (or other messaging service), email, fax, or through our sales team or any other method of sale.

2.2          Please read these terms carefully as they set out important information about your and our rights and obligations.

2.3          These Terms supersede any previously issued terms of purchase or supply. No terms referred to, delivered with, or contained in any order confirmation or other document will form part of the contract unless you and we agree in writing.

2.4          You must be at least 18 years old to place an order with us. If you are placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

2.5          We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

2.6          These Terms should be read together with the ‘Shipping & Returns’ and the ‘Customer Care Document’ sections of our website  which set out additional terms that apply to any purchases you make from us.

2.7          If there is any inconsistency or ambiguity between: 1) these Terms; and 2) the ‘Shipping & Returns’ and ‘Customer Care Document’ sections of our website, the ‘Shipping & Returns’ and ‘Customer Care Document’ sections of our website will take precedence.

3.  Orders

3.1          Please check your order carefully and correct any errors before you submit it to us. Your order is an offer to buy products from us on these Terms. It does not mean that your order has been accepted by us.

3.2          Acceptance of your order by us takes place once we have processed it and sent you an order acknowledgement, at which point a legally binding contract is formed between you and us on these Terms.

3.3          If we do not accept your order, for example because we have been unable to pre-authorise a payment, the products are unavailable, you are under 18, or there has been a mistake regarding the pricing or description of the products, we will contact you using the details you provided when you placed your order. We have the right to reject any order for any reason.

4.  Availability

4.1        All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products. If this happens and it affects your order, we will notify you, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.

5.  Making Changes to Your Order

5.1        If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

6.  Product Descriptions

6.1          Descriptions of our products are set out on our website and in our product catalogue.

6.2          Please read the product description carefully. Pictures and images of the products or their packaging are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images. We cannot guarantee that the colours displayed on our website or in our product catalogue will match exactly the actual appearance of the products.

6.3          All weights, sizes and measurements provided are as accurate as possible.

7.  Prices

7.1          All prices are in pounds sterling (£)(GBP) and exclusive of any applicable VAT and delivery charges (which will be specified separately) as set out in the order acknowledgement. If you are ordering from outside the UK, you will be responsible for any applicable import duties or other taxes.

7.2          Prices and payment terms for our products and delivery charges may change at any time. Except as set out below, such changes will not affect existing orders.

7.3          If there has been an error regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact youwe will process the order in accordance with the order acknowledgement.

8.  Payment

8.1          We may extend specific credit terms to you and invoice for the products you purchase. We will provide any such credit terms / invoicing arrangements at our sole discretion and may withdraw or vary them at our sole discretion. Unless agreed otherwise in writing all invoices must be paid within 30 days of receipt. You must pay all invoices in full without any deduction or set-off.

8.2          If we require payment in advance of delivery, we will usually take payment from your credit or debit card when your order is processed. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact youwe will cancel your order and notify you.

8.3          We accept all major credit cards and debit cards, payment by bank transfer / BACS. All credit card and debit card payments need to be authorised by the relevant card issuer.

9.  Delivery Dates and Costs

9.1          We will provide delivery information and options as part of the order process and may not always be able to arrange delivery to your specified address.

9.2          We will do what we reasonably can to deliver your order via one of our chosen delivery partners on the selected delivery date or within the delivery period specified (if any), as part of the order process.

9.3          Any delivery dates stated during the order process, or subsequently, are estimates, unless we have agreed a specific delivery date with you. Any failure to deliver on a specific delivery date or within a specified delivery period does not entitle you to terminate the contract with us.

9.4          We may arrange delivery in instalments.

9.5          If your delivery is delayed, we will try to let you know as soon as reasonably possible. But we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control.

10.  Delivery

10.1        We will deliver your order to the address specified by you when you placed your order.

10.2        If no one is available to take delivery, our delivery partner will normally attempt delivery once more. If our delivery partner is unable to deliver for some reason beyond their reasonable control, we will notify you, cancel your order and refund you the price of the products (but not the delivery charge).

10.3        Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed.

10.4        Notwithstanding delivery and the passing of risk, property in and title to the products remains with us until we have received payment of the full price of: (a) all goods and/or services the subject of these Terms; and (b) all other goods and/or services supplied by us to you under any contract whatsoever. Payment of the full price includes, without limitation, the amount of any interest or other sum payable under these Terms and all other contracts between you and us.

11.  Faulty Products

11.1  Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.

11.2       As your sole and exclusive remedy, we will (at our option) replace or refund any ‘faulty products’, ie products that do not comply with our legal obligations to you.

12.  Events Beyond our Control

12.1      We are not liable to you if we fail to comply with These terms because of circumstances beyond our reasonable control.

13.  Our Liability to You

13.1        If we breach these Terms or are negligent (or are found by a court to have liability to you on any other basis), we are liable to you for the foreseeable loss or damage that you suffer as a result. Liability is limited to the total value of the products purchased from us that gave rise to the liability. By ‘foreseeable’ we mean that, at the time the contract between you and us was formed, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

13.2        We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any loss of profit, revenue, contracts or anticipated savings, or wasted expenditure, or any indirect, consequential or special loss or damage – in each case even if such loss was reasonably foreseeable.

13.3        Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

14.  Your Information

14.1      Any personal information you provide to us will be processed in accordance with the privacy notice available on our website.

15.  General

15.1        We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

15.2        No one other than us or you has any right to enforce any of these Terms.

15.3        No changes to these Terms are valid or have any effect unless agreed by us in writing.

15.4        If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.

15.5        If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

15.6        You and we both agree that the order and these Terms (together with the ‘Shipping & Returns’ and ‘Customer Care Document’ sections of our website) constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these Terms in reliance on any representation or warranty that is not expressly set out in these Terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these Terms.

15.7        You may not transfer your rights under these Terms to anyone without our prior written consent. We may transfer our rights under these Terms to another business without your consent, but we will notify you of the transfer and try to make sure that your rights are not adversely affected as a result.

15.8        We reserve the right to vary or update these Terms (and the ‘Shipping & Returns’ and ‘Customer Care Document’ sections of our website) from time to time. We will display the updated documents on our website and by continuing to purchase products from us, you agree to be bound by the updated versions. It is your responsibility to check for any changes from time to time.

16.  Complaints

16.1      If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page. We will try to resolve any disputes with you quickly and efficiently.

17.  Law and Jurisdiction

17.1      These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, will be governed by, and construed in accordance with the law of England and Wales. We and you irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.