Terms and Conditions - | Mercurius Trade | Global Export-Import Solutions

Terms & Conditions

General
Contract
Payment
Delivery
Returns
Consumers
Liability
Data Security
Rules of Use
Other Terms

1. General

The following terms and conditions only relate to purchases made on www.Mercurius-Trade.com. For store terms and conditions please contact your Mercurius Trade store.

Mercurius Trade Operational Address:
71-75 Shelton Street,
Covent Garden,
London, United Kingdom

‘Mercurius Trade’ is a trading name of Andromeda Holdings Ltd.
Registered Address: Cedar Hill Crest Villa
Kingstown VC 0100
Saint Vincent and the Grenadines

All copyright, trademarks and other intellectual property rights in materials in the Mercurius Trade catalogue remain vested in Mercurius Trade. Any re-use or copying of the material of the Mercurius Trade catalogue is strictly prohibited. You acknowledge that your purchase of products from the Mercurius Trade catalogue is subject to the following terms and conditions.

You should:

read these terms and conditions carefully before placing an order
keep a hard copy for future reference
refer to Mercurius Trade’s privacy policy regarding Mercurius Trade’s handling of personal data
consumers should in particular note clause 8

2. Contract

2.1. Mercurius Trade may change these terms and conditions at any time. Any such changes will take effect when posted on Mercurius Trade’s website Mercurius Trade.com. Your placing of an order is deemed to indicate your acceptance of the most recently published terms and conditions together with Mercurius Trade’s privacy policy. By placing an order you confirm that you are 18 years of age or over. If you are purchasing as a business, the provisions of the Consumer Contract Regulations (Information, Cancellation and Additional Charges) 2013 shall not apply.

2.2. Any order that you place will be subject to these terms and conditions. You are responsible for ensuring that all the details you give are correct as Mercurius Trade cannot be held liable for any mis-delivery arising out of incorrect information that you have provided.

2.3. Once you have confirmed the details of your order Mercurius Trade will send you an order acknowledgement detailing the products you have ordered. Please note that this acknowledgement is neither an order confirmation nor order acceptance from Mercurius Trade.

2.4. Acceptance of your order and the completion of the contract between you and Mercurius Trade will take place on dispatch to you of the products ordered unless Mercurius Trade has notified you that Mercurius Trade does not accept your order.

2.5. Mercurius Trade recommends that you keep a hard copy of these terms and conditions and your order acknowledgement from Mercurius Trade. Mercurius Trade is under a legal duty to ensure that products sold to you under these terms comply with the description given and these terms.

2.6. Mercurius Trade accept prices, images and descriptions may not always be accurate, therefore Mercurius Trade will not be held liable to you for any indirect or consequential loss, loss of business, loss of sales, loss of opportunity, costs, expenses or other claims for compensation whatsoever which arise out of or in connection with your purchase of products from Mercurius Trade or otherwise under these terms.

2.7. Mercurius Trade will not accept liability for any deliveries made consequently from any incorrect information provided by the customer at the point of purchase.

3. Payment

3.1. Mercurius Trade will take payment from you via its secure payment system at the time Mercurius Trade receives your order. In the event that Mercurius Trade is unable to supply products, Mercurius Trade will inform you of this as soon as possible. A refund will be given if you have already paid for the products.

3.2. Mercurius Trade may undertake appropriate payment security checks during the order process via third party databases. By placing an order and thus accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a third party which may keep a record of that information. This will only be done securely and any data processing will be undertaken strictly in accordance with the Data Protection Act 1998.

3.3. Title to any products you order from Mercurius Trade shall pass to you on delivery of the products provided that Mercurius Trade has received payment in full for the products. Until such time that title passes to you, products should be identified as the property of Mercurius Trade, stored separately from products owned by you and must be properly insured.

3.4. All prices are shown in EUR euros (€) excluding VAT where applicable. Delivery charges are indicated separately in the calculation of your order. Mercurius Trade in-store promotions including multi saves, bulk discounts, buy one get one free or any other in-store promotions featured in a Mercurius Trade store may not be available online. Online promotions, including via email, cannot be redeemed in-store, unless when stated. Not all in-store and Mercurius Trade mail offers and product discounts are available online at www.Mercurius-Trade.com and prices may vary from time to time.

3.5. You must make all payments due to Mercurius Trade without any deductions whether by way of set-off, counter claim, discount, abatement or otherwise. If you fail to pay Mercurius Trade any sum due under these terms you will be liable to pay interest to Mercurius Trade on the amount outstanding from the due date for payment at the annual rate of 8% above the base lending rate of the Bank of England. This will be accrued on a daily basis until payment is made whether before or after any judgement.

4. Delivery

4.1. All orders must be signed for by an adult aged 18 years or over on delivery. In respect of delivery of age restricted products, your order is deemed confirmation that you are over 18 years old and that you accept that Mercurius Trade reserves the right to refuse delivery to anyone appearing to be under 25 years old.

4.2. Mercurius Trade will make every effort to deliver products within the estimated lead time, however Mercurius Trade shall be under no liability for any delay or failure to deliver the products within estimated lead times. The estimated delivery lead time will start on the first full working day, usually the day after you first place your order. All delivery lead times are estimated and Mercurius Trade will not be held liable for any delivery that takes place out of this time. Orders not delivered by the estimated lead time, must be reported to Mercurius Trade within 72 hours. Mercurius Trade will not be held liable for any delivery or collection slots discussed directly with Mercurius Trade’s courier partner. Mercurius Trade reserves the right to make partial deliveries when required by Mercurius Trade.

4.3. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by Mercurius Trade’s courier partner. If Mercurius Trade attempts to deliver and such an attempted delivery is not possible due to your refusal to accept the products, for whatever reason, Mercurius Trade will not refund your delivery charge and you will only receive a refund equal to the amount paid at the time of the purchase for the products.

4.4 Mercurius Trade may ask you to provide photographic evidence of your delivery in order to resolve any issues. You may also be asked to dispose of certain products, safely, in accordance with Mercurius Trade’s instructions.

4.5 Supply of products by Mercurius Trade is subject to availability. In the event that Mercurius Trade is unable to supply products, Mercurius Trade will inform you of this as soon as possible and will either issue a full refund or provide an alternative if possible. If the alternative is not suitable, Mercurius Trade will cover the cost of the return and issue a full refund if reported within 72 hours of receipt.

4.6 A signature is required upon delivery. This signature will be requested from anyone at the delivery premises. If no one is available to sign for the parcel our courier partner may attempt to leave your parcel at a premises near your delivery, usually a neighbour.

4.7 In the rare event of an error with your order, Mercurius Trade may need to carry out a full investigation with our dispatch team or courier. This investigation can take up to 72 working hours. At the end of this time Mercurius Trade will share the conclusion and offer a resolution on how the issue will be proceeded with.

4.8 Delivery of goods for orders being dispatched to a business address will take place between the hours of 8am-6pm. Delivery of goods for orders being dispatched to residential areas will take place place between 8am-9pm. Please note these hours may increase over busier seasonal periods. 　

4.9. Delivery Charges & Lead times

Delivery terms (including charges) only apply to items that are purchasable online. Weekends and bank holidays are not included within the estimated lead time. Next Day orders placed after 2pm Friday, estimated delivery date is following Tuesday. Large quantity orders may take a little longer to deliver due to the volume. To view further information regarding delivery including costs, please check the delivery info at our website.

5. Returns

5.1. Online Business Customers – Cancellations: At any time before the first attempted delivery the customer reserves the right to cancel their order. A cancellation form is available on www.Mercurius-Trade.com. Mercurius Trade will not accept cancellation requests verbally over the phone.

If you would like to complete an order cancellation request form please click here.

5.2. Online Business Customers – Unwanted: Mercurius Trade will only issue a refund for non-faulty non-food product returned in fully re-saleable condition within 14 working days together with your Mercurius Trade receipt for the purchased products. The following must be intact for Mercurius Trade to deem the products as fully re-saleable:

transport packaging
original product packaging
seals and shrink wrap

If the products are not in a re-saleable condition, as determined by Mercurius Trade acting reasonably, Mercurius Trade reserves the right to refuse any return. For hygiene and safety reasons, Mercurius Trade will not accept returns of food and beverages, unless the products are defective. Returns of short dated perishable products will be processed on a case by case basis at Mercurius Trade’s discretion. If you have not returned the products within 7 days of cancellation or when reasonably requested to do so by Mercurius Trade, whichever occurs first, your refund request will be closed. Mercurius Trade can collect the products from you at your cost, the charge for collection will be calculated for each case and any non-faulty products must comply with these terms.

5.3. Online Business Customers – Damages: You must report any products that are damaged/missing on delivery within 72 hours to the Mercurius Trade customer services via the online form. Mercurius Trade will not be held liable for any products that are damaged/missing reported outside of this time. You need to inspect large products on delivery for damage. Mercurius Trade requires you to sign a delivery note setting out any damage that the inspection reveals resulting from delivery.

5.4. Online Business Customers – Faulty: Any purchase made on behalf of a business that becomes faulty due to a fault in the workmanship after delivery of the product is subject to the manufacturer’s warranty.

5.5. Any orders not returned to Mercurius Trade after the refund has been issued, within the agreed time scale, the customer will be liable for the cost of the product at time of purchase and for the collection charge, that will be calculated for each case.

6. Consumers

6.1. For the avoidance of doubt, a consumer is deemed to be someone who is not buying in the course of a business and who is buying products of a type ordinarily supplied for private use.

6.2. Online Consumer Customers – Cancellations: At any time before the first attempted delivery the customer reserves the right to cancel their order. A cancellation form is available on www.Mercurius-Trade.com. Mercurius Trade will not accept cancellation requests verbally over the phone.

If you would like to complete an order cancellation request form please click here.

6.3. Online Consumer Customers – Unwanted: Mercurius Trade will only issue a refund for non-faulty non-food product returned in fully re-saleable condition within 14 working days together with your Mercurius Trade receipt for the purchased products. The following must be intact for Mercurius Trade to deem the products as fully re-saleable:

transport packaging
original product packaging
seals and shrink wrap

For hygiene and safety reasons, Mercurius Trade will not accept returns of food and beverages, unless the products are defective. Returns of short dated perishable products will be processed on a case by case basis at Mercurius Trade’s discretion. Mercurius Trade can collect the products from you, as long as they comply with the above terms.

6.4. Online Consumer Customers – Damages: You must report any products that are damaged/missing on delivery within 72 hours to the Mercurius Trade customer services via online. Mercurius Trade will not be held liable for any products that are damaged/missing reported outside of this time. You need to inspect large products on delivery for damage. Mercurius Trade requires you to sign a delivery note setting out any damage that the inspection reveals resulting from delivery.

6.5. Online Consumer Customers – Faulty: If you are purchasing as a consumer, in addition to the service offered by Mercurius Trade under section 5 you also have rights regarding satisfactory quality and fitness for purpose of the products included in the contract between you and Mercurius Trade by the Sale of Goods Act 1979. Nothing in these terms affects any of your statutory rights which cannot, by law, be taken away from you.

6.6. Refunds can only be in the form of the original method of payment. Original delivery costs are only refunded if the products in question are returned due to an error made by Mercurius Trade.

7. Liability

7.1. Where you are purchasing as a business, Mercurius Trade excludes, to the fullest extent permitted by law, those warranties and conditions relating to satisfactory quality and fitness for a particular purpose. This does not affect consumer purchases which have the benefit of statutory rights regarding satisfactory quality and fitness for purpose. Mercurius Trade’s total liability to business customers arising out of the sale of the products shall be limited to the replacement value of the product in question, except in the case of death or personal injury caused by our negligence or in respect of fraud. Mercurius Trade does not accept liability for the fitness of products for business purposes, nor does Mercurius Trade accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

7.2. For the avoidance of doubt, Mercurius Trade shall not be liable to you for any indirect or consequential loss or damage, including but not limited to loss of profit, loss of business, loss of sales, loss of opportunity, loss of goodwill, costs, expenses or other claims for consequential compensation whatsoever, howsoever caused, which arise out of or in connection with your purchase of products from Mercurius Trade or otherwise under these terms.

8. Data Security

8.1. Mercurius Trade will collect, process, and/or use the information provided by you, ‘personal data’, for the purposes of administering and performing the customer contract with Mercurius Trade, general and long-term customer care and personalized customer service, as well as sales promotions, market and opinion research activities, by mail, text and electronic communications, in line with the permissions you gave when placing the order.

8.2. Access to personal data will be limited to authorised employees as required for the purposes identified in 9.1 as well as IT security and maintenance. Mercurius Trade uses reasonable technical and organisational measures to protect the security and confidentiality of personal data and regularly reviews and improves these measures as necessary to reflect legal developments and/or improvements in available technology.

8.3. You have the right to access and review your personal data and to request that your personal data be corrected, amended, deleted, or blocked. You may withdraw your consent at any time. Any further questions and/or a wish to access or review personal data, make a request related to personal data or withdraw consent, should be directed to the Mercurius Trade data protection compliance officer via online.

9. Rules of Use

9.1. Trademarks: Content shown on the Mercurius Trade website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Mercurius Trade website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal use or for your business use in connection with use of a Mercurius Trade trade card, so long as not for commercial exploitation or profit by your business, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Mercurius Trade website without written permission from Mercurius Trade. No licence is granted to you in these Terms and Conditions to use any trade mark of Mercurius Trade or its affiliated companies including, without limitation, the trade marks Mercurius Trade.

9.2. Information: Mercurius Trade takes reasonable precautions to ensure that any guidance note on the Mercurius Trade website is accurate. However, data on the Mercurius Trade website which relate to legislation, food safety or any other matter is provided purely for your information and is not intended to be legally comprehensive. Mercurius Trade recommends that no action be taken on such data within the Mercurius Trade website as such data are intended to be indicative only and not a substitute for full legal or other professional advice.

9.3. Limitations: you may not use the Mercurius Trade website for:

disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material encouraging conduct constituting a criminal offence, civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person’s use or enjoyment of the Mercurius Trade website
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or web sites connected to the Mercurius Trade website
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

Mercurius Trade reserves the right to refuse to post material on the Mercurius Trade website or to remove material already posted on the Mercurius Trade website.

9.4. Indemnity: by using the site, you accept that you will indemnify Mercurius Trade against all losses, liabilities, costs and expenses reasonably suffered or incurred by Mercurius Trade, all damages awarded against Mercurius Trade under any judgement by a court of competent jurisdiction and all settlements sums paid by Mercurius Trade as a result of any settlement agreed by Mercurius Trade arising out or in connection with:

any claim by any third party that the use of the Mercurius Trade website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice
any claim by any third party that the use of the Mercurius Trade website by you infringes that third party’s copyright or other intellectual property rights of whatever nature
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Mercurius Trade website by you
availability of the Mercurius Trade website
due to the nature of the Internet, Mercurius Trade is unable to guarantee that the Mercurius Trade website will meet your requirements. Mercurius Trade gives no warranty that the service will be fault free. If a fault occurs in the service you should contact Mercurius Trade’s marketing department (via online) and Mercurius Trade will attempt to correct the fault as soon as we reasonably can
your access to the Mercurius Trade website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Mercurius Trade will attempt to restore the service as soon as it reasonably can

9.5. International Use: this site has been designed for use by Mercurius Trade customers and potential customers within the United Kingdom. Mercurius Trade makes no promise that materials on the Mercurius Trade website are appropriate or available for use in locations outside the United Kingdom, and accessing the Mercurius Trade website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so of your own volition and you are responsible for compliance with relevant local law.

10. Other terms

10.1. Nothing in these terms and conditions excludes or limits Mercurius Trade’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

10.2. Mercurius Trade will use reasonable endeavours to verify the accuracy of any information in the Mercurius Trade catalogue but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the products contained within.

10.3. The contract between you and Mercurius Trade shall be governed by the laws of Saint Vincent and any dispute between us will be resolved exclusively in the courts of Saint Vincent and the Grenadines.

10.4. You may not assign or sub-contract any of your rights or obligations under these terms and conditions.

10.5. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

10.6. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999).

10.7. These terms and conditions set forth the entire agreement and understanding between you and Mercurius Trade for purchases you make using the Mercurius Trade catalogue.