Terms & Conditions

Welcome to the merryberries.com website terms and conditions for use.

We are Primrose Marketing Ltd (“we” or “us”). We operate the website at merryberries.com (the “Site”).
We are a company registered in England and Wales (Company Number 4024496).

Our trading address is:
Unit 6,
Berber Business Centre,
Kitchener Road,
High Wycombe
Buckinghamshire
HP11 2TD

Our registered office is:
4, Croxted Mews,
286/288 Croxted Road
London
SE24 9DA

Our VAT Registration Number is GB523153676

These terms and conditions (“Conditions”) apply to the use of our Site and by entering this Site and/or placing an order the user of the Site (“You”) agrees to be bound by the Conditions set out below. They are legally binding on us both. If you do not agree to be bound by these Conditions, you may not use or enter the Site.

Conditions of Use

Access
You may only access this Site in accordance with these Conditions. Any orders placed by you must be placed strictly in accordance with these Conditions.

Registration
When you register on the Site you warrant that:

  • the details provided by you when you register as a customer (“Personal Details”) are true, accurate and complete in all respects
  • you will inform us immediately of any changes to your Personal Details
  • you will not impersonate any other person or entity or to use a false name that you are not authorised to use

Indemnity
You agree to fully indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Site, or the use by any other person entering the Site using your shopping account and/or your Personal Details.

Our Rights
We reserve the right to:

  • modify or suspend, temporarily or permanently, the Site (or any part of it) with or without notice to you and you confirm that we will not be liable to you or any third party for any change or modification to or suspension of the Site
  • change the Conditions from time to time. Your continued use of the Site (or any part of it) after the change shall be deemed to be your acceptance of the change. You are responsible for checking regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Site.

Conditions of Sale

Product Description and Sizes

  • We have taken all reasonable care to accurately:
  • describe the products displayed for sale on the Site (“Products”)
  • display the colours of the Products. However, please note the actual colours may vary from those seen on the Site as the accuracy of the colours shown is dependant on your computer screen
  • indicate sizes and measurements of the Products (see Size Guide) but these are only to be regarded as a guide

Orders & Contract Creation
When you place an order on the Site we will send you an order confirmation email listing each Product you have requested to purchase. Our order confirmation email is not our acceptance of your order.

When we charge your credit/debit card with the payment for the Products you have ordered, we will despatch your Products  to you and will send you a despatch confirmation email. This email confirms that your order has been accepted by us and that a contract is formed.

Where Products are despatched separately, our acceptance of your offer to purchase in respect of each Product takes place when we despatch that Product.

We reserve the right not to accept your order where any of the following apply:

  • the Product you ordered is out of stock
  • authorisation for your payment cannot be obtained
  • the Product is withdrawn for any reason
  • a pricing or Product description error

Cancellation
The Consumer Contracts Regulations 2013 offers you the following cancellation rights when you buy online or by phone:

  • You have the right to cancel your contract as long as that right is exercised no longer than 14 days after the day on which you receive the goods or services
  • Your right to return products does not apply to goods made to your specification or goods that have been clearly personalised.
  • If you wish to exercise your right to cancel, you are required to retain possession of the goods and take reasonable care of them
  • To exercise your right to cancel, please inform us of your decision to cancel your contract by a clear statement and provide details of your name, geographical address, details of the order you wish to cancel and, where available your phone number and email address.
  • You can cancel by email to: sales@primrosemktg.co.uk or call 01494 447000, or write to us at: Primrose Marketing Ltd, Unit 6, Berber Business Centre, Kitchener Road, High Wycombe, Buckinghamshire, HP11 2TD
  • If you cancel, please return the goods to us at your cost within 14 days of cancellation. We will reimburse you (by the method used to pay for the original transaction) the amount for the goods to which the cancellation rights apply. Please note this includes the cost of our standard method of delivery only, irrespective of the original cost and method of delivery
  • We may make a deduction from the reimbursement if the value of any goods supplied has been reduced as a result of you handling the goods more than was necessary. As far as possible goods must be received back by us in the same condition and in the same packaging as when they were delivered to you.
  • We will make the reimbursement no later than 14 days after the day we receive the goods returned

Price and payment
The price of any Product will be as quoted on our Site from time to time, except in the case of obvious error. Depending on the destination for despatch these prices are shown in Pounds Sterling, Euros and US Dollars.

The prices include UK VAT, if applicable.

If you have selected a destination for despatch where UK VAT is not chargeable because the Product is to be exported from the UK to a non-EU country, or if you have selected a product where VAT is not chargeable, the VAT is automatically excluded from your purchase cost.

The prices quoted are exclusive of postage and packing which will be charged at the rates shown in the Delivery and Returns section and added to the total amount due.

The Site automatically converts all prices into the currency of the destination for despatch for those countries using Pounds Sterling, Euros or US Dollars.  For all other destinations the Site defaults to Pounds Sterling.

All currencies are updated daily and rate calculations are based on the way in which credit card companies operate.

If your destination for despatch is outside the EU you will be responsible for any customs or import duties levied once the order reaches your destination country. We are not responsible for such charges and cannot advise on or predict them.

GENERAL TERMS

Limitation of Liability

We have taken every care in the preparation of the material on our Site. However, we make no warranties, whether express or implied in relation to its accuracy.
If we are in breach of these Conditions we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant Product or the time you otherwise use the Site.
These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law.

Severance
If any provision of these Conditions is held to be invalid, unlawful, void or for any reason unenforceable then that provision will be deemed to be severed from these Conditions and the remaining provisions will continue in full force and effect.

Intellectual Property and Right to Use
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
The contents of the Site and the Site as a whole are intended solely for personnel, non-commercial use. You may download material or copy the contents for the sole purpose of placing an order with us. Any other use of the material and content of the Site is strictly prohibited. You may not copy, imitate, transmit, display, distribute, reproduce, republish, transmit, modify, mirror, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part any such material and content.

Entering Content
You may enter content in some areas of the Site. This content must not breach intellectual property rights, confidentiality or be illegal (eg. offensive content). We reserve the right to refuse to post content on the site or to remove content that has already been posted to the Site.

Misuse of the Site
You agree not to misuse or attack our Site by knowingly causing it to malfunction through the introduction of viruses or other software corruptors which are malicious or technologically harmful or detrimental to the service provided by the Site.
You must not attempt to gain unauthorised access to our Site or the server on which the Site is stored.

Compliance with Laws
The Site may only be used for lawful purposes and in a lawful manner

Law
These Conditions shall be governed by and interpreted in accordance with the laws of England. In any dispute between us the courts of England shall have exclusive jurisdiction.