The terms and expressions that are capitalised and used in the terms and conditions herein have the meaning that is described below:
Article: refers to the article(s) of these terms and conditions
M&G Ltd: refers to Marguerite & Gribouilli Limited, headquartered at 1A Sunrise, 3 Crescent Road, Discovery Bay, Hong Kong.
Goods(s): refers to the goods and / or services provided in accordance with the present terms and conditions.
Article 1 – APPLICATION OF CONDITIONS
Notwithstanding anything which may be contained in any purchase order or other document of the buyer, goods and services ("Goods") are supplied subject to these conditions alone. By ordering Goods from M&G Ltd the buyer will be deemed to have accepted that these conditions take precedence over all other either submitted by the buyer or implied by trade custom, practice or course of dealing unless expressly agreed to in writing by M&G Ltd and signed by a Director or the Secretary of the company.
Article 2 – PRICE AND PAYMENT CONDITIONS
M&G Ltd shall make every effort to maintain prices quoted but reserves the right to amend these without prior notice in the event of fluctuations in the cost of raw materials, labour, carriage, overheads, etc or increase in or imposition of duty or taxes, or variance in exchange rates or other adverse trading conditions.
2. Payment conditions
After receiving the purchasing order, M&G sends the corresponding invoice to the customer.
Any invoice must be paid in full (including taxes), otherwise no production can start.
The buyer has 7 days from receipt of payment to cancel his order; after these 7 days, 30% of the merchandise can not be refunded.
Article 3 – DELIVERY
All dates quoted for either despatch or ultimate delivery by M&G Ltd are as estimates only and are not to be of the essence of the Contract. Therefore M&G Ltd shall not be liable for the consequences of any delay in fulfilling the buyer's order howsoever caused.
2. Shipping fees
The client will be delivered to the destination of his/her choice, shipping fees will be added to the total amount of the order. Unless otherwise indicated, stated prices include packaging.
All goods delivered outside of Hong Kong may be liable to customs duty when the shipment reaches its destination. These possible customs duties or taxes constitute the buyer’s expenses and are under his/her sole responsibility.
Article 4 – GUARANTEES AND CLAIMS
Goods shall be at the buyer's risk immediately upon delivery to the customer when M&G is organizing the shipment.
M&G Ltd’s decorative stickers are guaranteed against product defects and nonconformity defaults.
2. Rejection of goods
Goods rejected by the buyer as not complying with the contract must be advised within 7 days of receipt of Goods.
3. Errors in shipment and lost or damaged Goods
All claims in respect of errors and/or discrepancies in delivery or for loss and/or damage to a consignment or part thereof must be notified in writing within 3 days of delivery to both M&G Ltd and the carrier and Goods must be retained intact for 14 days pending inspection where required. In case of non-delivery of an entire consignment notice must be given in writing to M&G Ltd within 7 days of receipt of the invoice or advice of despatch.
4. Defects after delivery and liability
M&G Ltd will make good, by repair or at our option by the provision of replacements, defects which under proper use appear in the Goods within 12 months of delivery and are solely due to poor materials or workmanship. We reserve the right to request the return of alleged defective Goods for inspection if required. It is understood by the buyer that M&G Ltd's liability in respect of defective or otherwise un-merchantable Goods shall not at any time extend beyond the actual price paid for such Goods; in particular M&G Ltd shall not be liable for any damage to property, nor any consequential loss of whatsoever nature, howsoever caused, arising out of any defect in the Goods or from their failure to correspond to any description or representation, or for their unsuitability for any purpose.
5. Return of Goods
Should for any reason whatsoever the buyer wish to return any Goods to M&G Ltd, the buyer must give notice in writing to M&G Ltd with details of description, quantity, number of parcels and gross weight together with reason or reasons for requested return. It will be M&G Ltd’s option, either to issue collection instructions to the carrier or to request the buyer to return the Goods carriage paid. In the latter instance should the Goods prove to be defective in workmanship, quality, or merchantability, M&G Ltd shall refund the cost of carriage on such defective Goods at M&G Ltd's discretion. All Goods returned should be adequately packed and marked 'Fragile' where applicable and will travel at the risk of the buyer. At no time shall the buyer return any Goods whatsoever without M&G Ltd's prior knowledge and agreement.
In case of defective goods arising from M&G Ltd’s responsibility, the buyer can request a full replacement of the defective goods. M&G Ltd’s guarantee is strictly limited to the simple replacement of the decorative stickers that have been recognised as defective or non-conform, without the right for the buyer to claim any damages whatsoever.
6. Information and claims
All queries, information, details or claims may be addressed to M&G Ltd, either by email at email@example.com or by post at: M&G Ltd, 1A Sunrise, 3 Crescent Road, Discovery Bay, Hong Kong.
Article 5 – CANCELLATION
Should delivery of any of the Goods sold be prevented or delayed by happenings or occurrences directly or indirectly due to force major or any circumstances whatsoever beyond the control of M&G Ltd, we reserve the right to cancel or suspend deliveries without any liability of whatsoever nature and howsoever caused to M&G Ltd.
Article 6 – RESTRICTIONS OF USE AND SETTING OF THE ADHSEIVE DECORS
The adhesive decors may not be correctly fitted on matted paint. M&G Ltd advises its clients, who would want to set the decors on such a surface, to contact M&G Ltd before ordering in order for them to receive a try-out sample. Contact can be made either by email at firstname.lastname@example.org or by post at: M&G Ltd, 1A Sunrise, 3 Crescent Road, Discovery Bay, Hong Kong.
An explanation guide for application and use of the adhesive decors will be sent to clients along with the purchased decors. The guide is also available on the website www.marguerite-gribouilli.com.
M&G Ltd cannot be held responsible for any unsatisfying adherence on matted surfaces or for any misused, defective or flawed application of the adhesive decors by clients.
M&G Ltd cannot either be held responsible for any possible spoiling or damage to the walls when removing the decors.
Article 7 – INTELLECTUAL PROPERTY
The drawings of the collections, texts, photos, images and button icons that appear on M&G Ltd’s supporting promotional materials (catalogue, brochure, internet site or packaging) are protected by copyright laws. These contents are meant for the sole use by M&G Ltd.
The buyer is by no means allowed to reproduce, copy, modify, use on any kind of support and in any manner, nor exploit in any way, in whole or in parts, M&G Ltd’s supporting promotional materials (catalogue, brochure, internet site or packaging) without the written consent from M&G Ltd.
Any exploitation not previously authorised by M&G Ltd, whatever the aim, of whole or part of M&G’s supporting promotional materials (catalogue, brochure, internet site or packaging) may be liable to appropriate legal action, for instance bringing suit for counterfeit and forgery.
Article 8 – SPECIFICATIONS
All specifications are correct at the time of printing but due to M&G Ltd’s policy of constant review and improvement, M&G Ltd reserves the right to alter any or all of its specifications without prior notice.
Article 9 – GOVERNING LAW
The contract shall be governed and construed by the Laws of Hong Kong. M&G Ltd however maintains the right to initiate legal proceedings against clients before the courts of their personal or professional location. The language to be used in proceedings shall be English or French.