In this contract:
? ?We?, ?us? or ?our? means First of March Ltd;
? ?You? or ?your? means the person using our site to buy goods from us; and
? ?Maker? means the maker of the products advertised for sale on this website.
? Any reference to one gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.
Accepting these terms
These terms set out your rights and responsibilities when you use our site www.firstofmarch.com. By using this site you agree to be bound by these terms. If you do not agree with the terms then you may not use the site.
Who are we?
We are First of March Ltd, a company registered in England and Wales. Our company registration number is 11749306 and our registered office is at 95 High Street, Gorseinon, Swansea, SA4 4BL.
You can contact us at firstname.lastname@example.org.
Should we need to contact you we will usually do so via email using the details you provide to us in placing an order.
Your privacy and personal information
Your privacy and personal information are important to us. Any personal information you provide to us will be used:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agree to the same during the order process, to give you information about First of March Ltd and similar products that we provide. You may ask us to stop receiving this information at any time by contacting us.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
The service we provide
First of March Ltd provides a platform from which you are able to purchase products, often bespoke, from a variety of independent makers based in Wales.
In exceptional circumstances we will also feature guest collections where a Maker has a home in Wales and whose collection is inspired by the landscape or culture of Wales.
It is important that you understand that on placing an order to purchase a product from the site you are not buying directly from First of March Ltd, but from the individual maker. The contract is therefore in place between you and the maker and will relate solely to the products that you purchase from them.
When you place your order at the end of the online checkout process (e.g. when you click on the ?pay now? button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted. Your order shall be deemed accepted by the maker when we issue you with an email confirmation of your order.
We may contact you to say that your order has not been accepted. This is typically for the following reasons:
(a) the goods are unavailable;
(b) your payment cannot be authorised;
(c) you are not allowed to buy the goods from the maker;
(d) the maker is not allowed to sell the goods to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the goods
When your order has been accepted, this will create a legally binding contract between you and the maker, and the products purchased will be dispatched to you. Products purchased by you will be delivered by the maker and not by First of March Ltd. This site provides details of the cost of delivery as well as the delivery options offered by individual makers. Delivery costs will vary depending on the maker. First of March Ltd accepts no responsibility in the event of a delay in the delivery of a product or in the event of non-delivery.
Payment and pricing
The price of the product will be indicated on the individual product pages when you use this site. We shall use our best efforts to ensure that the prices displayed are correct.
If the applicable rate of VAT changes between your order date and the date the product is supplied, the rate of VAT that you pay will be adjusted accordingly, unless you have already paid for the product in full before such a change in the rate of VAT takes effect.
Accepted payment methods: Products may only be paid for using the payment methods available on this site from time to time. All payments are to be made in Pound Sterling (?) (GBP) and we operate using the secure online payment platform, Stripe.
First of March Ltd accept payments in the capacity of a commercial agent of the makers.
Returns and Refunds
Should you wish to return a product, or if you wish to cancel an order you have made, you should contact the appropriate maker directly to discuss this. Please note that in some instances (e.g. where a bespoke product is purchased) it may not be possible to return the product or to cancel the order where production/personalisation has already begun. In all other cases, unless otherwise stated by the maker or in the applicable product description, you will have to bear the cost of returning the product.
Should you wish to seek a refund for any product, unless statutory provisions provide otherwise, you should follow such directions as are given by the individual maker according to their own terms of service.
Consumer Contracts Regulations 2013
For most products bought online you have a legal right (under the Consumer Contracts Regulations 2013) to change your mind within 14 days and receive a refund.
You have 14 days after the day you (or someone you nominate) receives the goods, unless your order is split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
Notwithstanding the above, exceptions do apply in certain circumstances:
You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once t hese have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after their delivery; and
(c) the supply of goods made to your specifications or clearly personalised.
Products on our website
The products advertised for sale on our website are manufactured by a variety of independent makers based in Wales. In exceptional circumstances we will also feature guest collections where a Maker has a home in Wales and whose collection is inspired by the landscape or culture of Wales.
First of March Ltd is not the manufacturer of any product sold on this website.
It is important to note that information provided about products on our website is provided for information purposes only. Every effort is made to ensure that product information displayed is correct, however you are encouraged to research your purchases thoroughly, and to always read any labels, warnings or directions provided with products before use as appropriate.
All product images on our website are for illustrative purposes only. Please note that your product, and/or its packaging may vary slightly from those images.
Should you have any queries regarding any product advertised on our website, please contact us at email@example.com. Any queries that arise during or after purchasing a product should be directed to the individual maker as appropriate. We aim to respond to any queries you may have as quickly as is possible.
Please note that the products featured on our website are sold by independent makers. As such, First of March Ltd is unable to provide any guarantee or undertaking regarding product quality.
Misuse of our site
Any unintended usage of our website is strictly forbidden. This includes introducing viruses, Trojans, worms, logic bombs or any other malicious material. You must refrain from inappropriately accessing the site or the server on which our site is stored.
Should you have a complaint, or wish to leave feedback or make a query about the site, please contact us at firstname.lastname@example.org.
Complaints about a maker should be addressed in the first instance to First of March Ltd through the contact details that are available on this site. We will try to resolve any disputes with you quickly and efficiently.
Complaints about a particular product should be addressed in the first instance to the individual maker following such directions as are given by them.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and advise you that you may use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ?Your Europe? portal at https://webgate.ec.europa.eu/odr.
The secure online payment platform, Stripe, also has its own dispute resolution process where disputes concern payments made using that platform.
Our responsibility for loss or damage suffered by you
1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. Nothing in these terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or for any liability that cannot be limited or excluded by law.
3. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Other important terms
1. Third Party Rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms. Nothing in this clause excludes the rights of First of March Ltd when acting as commercial agent of a maker.
2. Severability: The unenforceability of any provision of this Agreement shall not affect the enforceability of all remaining provisions. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
3. Delay in enforcing this contract: Our failure to enforce any part of these terms immediately is not a waiver of our rights to later enforce that or any other part of these terms.
4. Events beyond our control: In certain circumstances First of March Ltd may be prevented from fulfilling its obligations to you under these terms which are beyond our reasonable control. This includes, without limitation, acts of God, governmental action, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials as appropriate. This will result in a postponement of First of March Ltd?s ability to perform its obligations for the duration that such circumstances continue.
5. Jurisdiction: These terms are governed by and interpreted in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
Variation of terms
We may update these terms from time to time, and you will be notified of such changes if they are considered material. There may also be other applicable terms and conditions that apply to products displayed on our website. It is recommended that you visit the site from time to time to check for any amendments to these terms or for details regarding any other terms that may apply to specific products.