Sale Terms & Conditions
These Terms will govern your use of the Market. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Market. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Market.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check the Market for the latest Terms to ensure you understand the terms which will apply at that time.
1. Information About Us
1.1. We operate the online Market available at our website www.camdenmarket.com (as amended by us from time to time) (the “Market”). We are Market Tech UK Limited, a company incorporated and registered in England with company number 09229268, whose registered address is 54-56 Camden Lock Place, London NW1 8AF.
1.2. If you wish to contact our customer service team, please refer to the methods and details on the Contact Us (/help) page of the Market.
2. Our Products
2.1 The Market provides a platform for each of the traders approved by us from time to time (each being a “Supplier”) to showcase their Products to you, together with Products of other Suppliers. As such we act as agents for each of the Suppliers (including in arranging delivery of the Products) and we:
2.1.1 do not supply the Products to you ourselves and have no control over the quality, safety, morality or legality of any aspect of the Products listed. Nothing shall imply that any Suppliers are owned, operated or controlled by, or are tenants of, either us or the owners or operators of the physical Camden Market in London;
2.1.2 have no control over the truth or accuracy of the listings, which are provided by the relevant Supplier, although we have required the Suppliers to make every effort to ensure that the display of the Products is accurate; and
2.1.3 we are not liable for the content of the Market.
2.2 The images of the Products on the Market are for illustrative purposes only. We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Any Products you order may therefore vary slightly from those images.
3. How We Use Your Personal Information
4. Use of The Market
4.1 You may only purchase the Products through the Market if you are at least 18 years of age. We may also specify additional requirements for all or any Products through the Market from time to time. By viewing, placing an order for Products or otherwise using the Market in any way, you are confirming that you agree to these Terms, that you are at least 18 years of age and that you comply with all such additional requirements specified by us as are applicable.
4.2 When making any order or request to us you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to make your order or request and that there are sufficient funds to cover the cost of the Products requested. It is your responsibility to inform us of any changes to these details as soon as possible.
4.3 It is your responsibility to ensure that you comply with the laws governing the purchase, import, transport and use of the Products in your jurisdiction, especially if your jurisdiction is outside England and Wales.
5. The Contract Between Us
5.1 Our shopping pages will guide you through the steps you need to take to place an order via the Market, which is made up of individual orders with the relevant Supplier for the Products offered on the Market by that Supplier. Please note that where orders for Products from multiple Suppliers are made by you at the same time, we will process this via the Market as one composite order, but this is actually made up of several orders, each with an individual Supplier. We reserve the right to divide the composite order into individual orders for acceptance and/or shipping, at our discretion.
5.2 Our order process allows you to check and amend any errors before submitting your order(s). Please take the time to read and check your order(s) at each stage of the order process.
5.3 After you place an order, you will receive a confirmation e-mail from us acknowledging that we have received that order (“Order Acknowledgement”) and that it is pending. Please note that this does not mean that your order has been accepted. Our acceptance of each order, on behalf of the relevant Supplier for each of their Products included in that order, will take place once payment has successfully been taken for that order and the Products in that order have been dispatched.
5.4 Once payment has successfully been taken from the payment method you provided in respect of the Products included in that order, we will send you an e-mail to inform you that the order has been accepted, payment has been successfully taken and that and your Products are being packaged and dispatched (the “Order Confirmation”). We may accept/reject any individual Product prior to taking payment for and sending the Order Confirmation for that Product. Products that form part of a composite order may be accepted and dispatched to you at different times. You may receive separate Order Confirmations for each package. Such Order Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the Products specified in that Order Confirmation.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Market as referred to in clause 9.2, we will inform you of this as soon as possible by e-mail. If this occurs before we have taken payment and sent you the Order Confirmation we will not process that part of the order. If you have already paid for and we have sent you an Order Confirmation for that Product, we will refund you the full amount including any delivery costs paid for that Product and any reasonable costs you incur in returning it to us, as soon as possible.
6. Our Right to Vary these Terms
6.1 We amend these Terms from time to time. Please check back to the Market regularly and before you place an order to see if these Terms have been updated.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7. Your Consumer Rights
7.1 Our Market is only intended for sales to consumers. As a consumer, you have a legal right to cancel your order at any time before receiving the Order Confirmation or during a 14 day period from the date the Product(s) are delivered to you (the “Delivery Date”). This means that if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can return your Product to us within 14 days’ of the Delivery Date and receive a refund.
7.2 The cancellation right at clause 7.1 above does not apply in the case of certain Products, where this is indicated in the relevant Product’s description, or where the Product is perishable or is mixed inseparably with other items after its delivery. These Products include: underwear, swimwear or bra and knickers sets, pierced earrings or jewellery sets containing earrings or real body jewellery (unless the items have a manufacture fault or have been wrongly dispatched, in which case please contact us as mentioned below). Please read the Product description carefully before placing an order. Advice about your legal right to cancel your contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3 To cancel an order of a particular Product, you just need to let us know that you have decided to cancel. The easiest way to do this is by contacting our Customer Service team by following one of the methods referred to on the Contact Us (/help) page of the Market. Further details and a link to the web cancellation form will be included in our Order Confirmation. We will e-mail you to confirm we have received your cancellation request.
7.4 Please include full details of your order in your cancellation notice to help us to identify it and process your request. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 If you cancel an order we will:
7.5.1 refund you the price you paid for the Product(s) in that cancelled order to the same payment method which was used to purchase the Product(s) from the Market. If you used gift vouchers to pay for the Product we may refund you in gift vouchers allocated to the same user account. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
7.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
7.5.3 make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you in its original packaging (or, if you have not received the Product from us, within 14 days after you inform us of your decision to cancel the order).
7.6 Returning your Product:
7.6.1 you must return the Product you wish to return to us for a refund at the returns address specified on our Market without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Products in your order. Please see [our Contact Us (/help) page for our returns address. If we have offered to collect the Product from you in the Order Confirmation, please refer to the further details provided. We will email you on receipt of the returned Product and process any return requests accordingly.
7.6.2 unless the Product is faulty or not as described (in this case, see clause 7.8), you will be responsible for the full cost of returning the Product to us.
7.6.3 the original delivery note or full valid details of your order should be included in the returned parcel together with all labels/tags intact in order for the return to be processed correctly. Retuned parcels can be held by the returns department and not processed if the parcels received cannot be identified by the details provided within the package.
7.6.4 You may use the original packaging if you still have it but if not, please pack your Products securely in suitable packaging material. Parcels may be rejected by us if they are received damaged due to unsecure packaging.
7.6.5 you can either send your Products back to us via post, or hand it to our authorised carrier (if this option is available to you as specified in your Order Confirmation). If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection, further details of which will be provided in the Order Confirmation.
7.6.6 If you return Products to us by post, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method which requires a signature on delivery. Any cases of non-delivery of returned Products will not be considered without a valid receipt for the full postage (including Royal Mail or any other courier service used).
7.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms and Conditions. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
7.8 If you have returned the Product(s) to us and we are satisfied this is because they were originally faulty (other than as a result of improper use or maintenance by you), we will refund the price of the faulty Products, together with any applicable delivery charges and reasonable delivery costs you incurred in returning the item to us.
8.1 Your Order Confirmation will confirm an estimated Delivery Date for the Products in your order. You may receive separate Order Confirmations for Products in your order dispatched separately. Dispatch times may vary according to Supplier’s availability and representations made as to delivery dates may be subject to postal delays or an event outside our control (as described in clause 11.4) for which we are not responsible.
8.2 Delivery costs will be calculated by us and will be specified as part of the order process before you place the order on the Market, and will be charged in addition to the price of the Products. The estimated Delivery Date(s) will depend on the delivery service chosen.
8.3 Delivery shall be via Royal Mail (or another non-trackable service) unless you select next day or nominated day delivery in which event delivery shall be by a courier or other trackable service selected by us.
8.4 Delivery of an order shall be completed when we deliver the Products to the address you provided to us (or tender delivery at that address). It is your responsibility to make arrangements (such as notifying a neighbour) to accept delivery on or a reasonable period after the estimated delivery time and the Products will be your responsibility from the time of delivery (or tendered delivery). We will not be responsible for any delays caused by customs clearance nor for any duties charges or fees payable on the export or import of any Products, which will be your responsibility. If a parcel is undelivered to a UK address after 14-21 days from the dispatch date we will consider issuing a refund after an investigation has taken place. Under no circumstances can we declare a parcel as lost until a full investigation with the warehouse/courier company/returns department has taken place.
8.5 Although the Delivery Dates specified are estimates only, if we miss the Delivery Date for any Products for reasons within our control, then we will notify you as soon as possible, and will provide you with further reasonable delivery options (at no additional cost to you). You may cancel your order straight away if we notify you that we will not be able to make any further delivery of those Product(s).
8.6 If you do choose to cancel your order for late delivery under clause 8.5 you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and applicable delivery charges.
9. Price of Products and Delivery Charges
9.1 The prices of the Products and delivery charges are as quoted on the Market at the time your order is accepted and an Order Confirmation is issued. It is your responsibility to confirm with the Suppliers that the prices of their Products displayed on the Market are correct.
9.2 It is always possible that, despite our reasonable efforts, some of the Products on the Market may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
9.3 Prices for each Supplier’s Products may change from time to time, but changes will not affect any order you have already placed.
9.4 The price of a Product includes any applicable VAT. VAT at the applicable rate will be payable by you in respect of all packaging and shipping charges.
9.5 Delivery services will be provided by our nominated delivery services provider, details of which will be specified in the Order Confirmation. Delivery charges will be charged by them directly to you at the rates specified in the order process on the Market, and as confirmed to you.
9.6 Each order for Products is concluded directly between you and each Supplier and with our nominated delivery services provider in respect of the delivery of each of those Products. However, we may provide you with an Order Confirmation and/or invoice which include orders placed with more than one Supplier. In this process we will act as agent for each of the Suppliers and we will provide the VAT numbers for all Suppliers on the Order Confirmation and/or invoice (but if none were provided, please contact us for details).
10. How to Pay
10.1 You can only pay for Products using a debit card or credit card or other payment method in each case which is approved by us.
10.2 Payment for the Products and all applicable delivery charges are due in Pounds Sterling in advance, unless otherwise stated. Any currency conversions shall be carried out by your own bank at your cost.
This clause 11 does not affect your statutory rights as a consumer.
11.1 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time an order was placed on the Market.
11.2 Nothing in these Terms shall exclude our liability for personal injury, death or other liability which cannot be excluded under applicable law.
11.3 The Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any indirect or consequential loss or damage or loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.5 Our total liability to you in respect of any losses arising as result of non-delivery of the Products ordered by you shall in no circumstances exceed the cost of the Product(s) ordered but not delivered.
11.6 The Supplier’s liability to you in respect of any losses arising as a result of non-delivery of the Products ordered by you shall in no circumstances exceed the cost of the Product(s) ordered but not delivered.
11.7 This clause 11 shall survive termination of the agreement between you and us.
12. Dispute Resolution
12.1 If a dispute concerning these Terms arises between you and us that we are unable to resolve, you may seek to settle the dispute outside of court by submitting a complaint via the Online Dispute Resolution platform accessible here: http://ec.europa.eu/odr.
12.2 Clause 12.1 operates in addition to any rights or legal remedies you may have under applicable law.
13. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the Market, including both the design, trademarks, logos and copyright of the Market, and such rights as are featured in/on the content showcased on or available for purchase through the Market. Each of the Suppliers is the owner or licensee of all relevant intellectual property rights in relation to the Products showcased on the Market. You agree not to copy (in whole or in part and in any medium), nor adapt, modify or commercially exploit any of such intellectual property rights, whether they exist in or relate to the Market, any of the Products or any other rights belonging to us or any of the Suppliers or their licensors.
You agree to keep us fully indemnified against any claims, liability, loss or damage arising from your breach of these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17. Governing Law
These Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Competition Terms & Conditions
1. The Camden Assembly MikeQ Tickets
The prize is two tickets to MikeQ, Teki Latex, L-Vis 1990 and Rushmore at The Camden Assembly on 17 September 2016. There is one prize to be won. The prize will be awarded by Camden Market in its sole discretion.
“Camden Market” means Market Tech UK Limited.
The prize draw is open to all UK and Ireland residents aged 18 years or over, except employees of Market Tech UK Ltd and its group of companies, their families, agents or any third party directly associated with the administration of the prize draw.
Competition launches at 1pm GMT 09/09/2016 and closes at 5pm 14/09/2016 entries received after this time will not be valid.
Entrants must be aged 18 or over.
Prize does not include spending money.
Prize does not include travel.
The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.
Use of a false name will result in disqualification.
Entries that are incomplete, illegible or indecipherable will not be valid and deemed void.
All entries must be made directly by the person entering the competition.
Entries which Camden Market reasonably believes were made online using methods generated by a script, macro or the use of automated devices will be void.
Camden Market accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind or for entries lost damaged or delayed in the post.
No responsibility can be accepted for any damage, loss, injury (other than our liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any entrant in entering the competition, including as a result of any entrant winning or not winning any prize.
The prize is as stated, is not transferable to another individual and no cash or other alternatives will be offered.
The winner is responsible for expenses and arrangements.
We accept no liability for any changes in the details, including dates and times and any other aspects of the prize.
The prize is subject to the prize suppliers’ terms and conditions. Entrants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry.
Camden Market reserves the right to amend or alter the terms of competitions at any time and reject entries from entrants not entering into the spirit of the competition.
In the event of a prize being unavailable, Camden Market reserves the right to offer an alternative prize of equal or greater value.
The winner agrees to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by Camden Market relating to any post-winning publicity.
Unless stated otherwise the winner will be chosen from all correct entries received by the closing date stated within the promotional material. There will be one winner in total.
Reasonable efforts will be made to contact the winner. If the winner cannot be contacted, or are unable to comply with these terms and conditions, Camden Market reserves the right to offer the prize to the next eligible entrant, or in the event that the promotion is being judged the Camden Market reserves the right to offer the prize to the runner-up selected by the same judges.
Confirmation of the prize will be made in writing to the winner.
Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
Where applicable, the decision of the judges regarding any aspect of the prize is final and binding based on the criteria set out in the promotion and no correspondence will be entered into over this decision.
Competitions may be modified or withdrawn at any time for any reason whatsoever.
In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter (including the competition), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
The Courts of England shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with these terms and conditions or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims).
Camden Market reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.