Terms of service

OVERVIEW
This website is operated by Marnita Ltd (trading as Halilit) and henceforth referred to as Halilit. Throughout the site, the terms “we”, “us” and “our” refer to Halilit. Halilit offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are of legal age.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - CREDIT ACCOUNTS
A Buyer wishing to open a credit account must complete an Account Application Form and furnish three trade references. Halilit reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities at any time. Until a credit rating has been approved or established, payment of Goods should be made in accordance with “Payment Terms” clause (ii).

SECTION 7 - PAYMENT TERMS FOR CREDIT ACCOUNTS
Settlement terms for our invoices are: -
i) 30 days for credit account holders. Interest will be charged at 2% per month for invoices outstanding over 30 days. THE DESPATCH OF GOODS ORDERED CANNOT BE GUARANTEED IF OUR PAYMENT TERMS ARE NOT ADHERED TO. In the event of the account being continually in arrears Halilit reserves the right to withdraw credit facilities.
ii) For buyers without a credit account, a pro-forma invoice will be raised and Goods will be despatched against cleared funds. Payment is accepted by BACS or Debit Card.

RISK: The risk of damage to or loss of Goods supplied by Halilit will pass to the Buyer from the time of delivery where it becomes the responsibility of the Buyer to insure the Goods.

SECTION 8 -TITLE

Notwithstanding delivery and the passing of risk, property in and title to the goods, including full legal and beneficial ownership, shall remain with Halilit and shall not pass to the Buyer until Halilit has received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and / or services supplied by Halilit to the Buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between Halilit and the Buyer.

SECTION 9 - RECOVERY OF DEBT

 If payment (whether in full or part) is not made by the due date in accordance with “Payment Terms” or the Buyer is wound up or a receiver appointed over any assets or the undertaking of the Buyer or an execution or distress be levied against the Buyer, Halilit will be entitled without prior notice to the Buyer or/and liquidator or receiver to retake possession of any Goods supplied under any contract between the Buyer and the Seller that remain in possession of the Buyer to a value not exceeding monies owed (and for that purpose to enter upon any premises occupied or owned by the Buyer).

SECTION 10 - CHANGE OF ADDRESS

Halilit must be notified of any change of address in writing. The Buyer will be responsible for any and all costs and expenses resulting from the failure to notify.

SECTION 11 - COLLECTION OF GOODS

Collection of Goods from our warehouse may be possible with prior agreement. A buyer wishing to collect Goods must do so within 2 working days of arranging the collection. If the Goods are not collected within the said period, Halilit will charge the Buyer a 20% restocking fee.

SECTION 12 - DELIVERY SCHEDULES
i) Halilit reserves the right to deliver the Goods by instalments.
ii) A price will be charged at the rate applicable to the total quantity of Goods ordered.
iii) Instalment deliveries can only be accepted for a maximum period of twelve months from the date of order.

SECTION 13 - CANCELLATION

If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with “Payment Terms”, Halilit will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Halilit and the Buyer.

SECTION 14 - DELIVERY

Delivery will take place to the Buyer’s invoicing address unless otherwise agreed with Halilit. Written confirmation of such alternative address must be provided by the Buyer. Halilit may make delivery by any method of transport available. Halilit will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment under the Contract in accordance with “Delivery Schedules” clause (iii) shall not prejudice the right for Halilit to make further deliveries by instalment under that Contract.

SECTION 15 - DELIVERY CHARGES

Orders meeting Halilit’s carriage paid order values will be delivered free of charge. Carriage costs will be charged for any orders below the carriage paid order value. Details of minimum order values and delivery charges are available on request.

SECTION 16 - SHORT DELIVERY OR DAMAGE IN TRANSIT

Halilit will not consider any claim for shortage of delivery or damage in transit unless notice is given within 5 working days of the receipt of Goods. No claim in respect of non-delivery of Goods will be considered unless written notification is given to Halilit within 10 days from receipt of invoice in respect of the Goods. PARCELS RECEIVED IN A DAMAGED CONDITION SHOULD BE REFUSED AND HALILIT ADVISED within 5 working days of the attempted delivery.

SECTION 17 - RETURNS

No goods should be returned without the prior consent of Halilit and without a returns authorisation number. All returns are to be sent direct to Halilit (not given to the company’s representatives) are to be insured and sent via a method by which proof of delivery is registered. Returns must be packed securely in the same condition as supplied (including packaging) with the returns number clearly marked on the front of the package. All goods returned under warranty will only be accepted if accompanied by a returns note stating:
(a) Name and address of Sender. (b) Date and Number of relevant invoice. (c) Returns Number, (d) Reason for returning goods, and (e) Nature of fault. We accept no responsibility for goods lost or damaged in transit.
Without prejudice to “Returns” Halilit reserves the right to replace, repair or credit in respect of all Goods returned at its absolute discretion. Halilit will not accept responsibility for Goods, which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Goods incorrectly ordered by customers, and returned for credit, are subject to a handling charge of 20% except in the case of orders place for non-stock items, which cannot, under these circumstances, be returned for credit.

SECTION 18 - LIABILITY

Halilit will use reasonable endeavours to ensure that all information and specifications contained in any Halilit publication are correct and given in good faith, and therefore do not contribute as a guarantee.
Halilit reserves the right to alter any information, specification or design of any product contained in any publication without prior notice and does not accept liability for any loss arising from error or omission in any such publication. The Buyer will be responsible for ensuring the correct codes are supplied and that the Goods ordered are fit for the purpose for which they are ordered.

SECTION 19 - ON-LINE SELLING

Products bought from or supplied by Halilit may not be sold, offered for sale or listed on any third-party website or auction site for example (and not limited to) Amazon or eBay etc. Customers shall not sell any such products on to any third party which intends to or then sells, offers for sale or lists the products for sale in this way. Halilit reserves the right to close any Customer accounts listing products on third party websites bought from Halilit. The purchasing of products from Halilit and the listing on a third-party website, in the UK or abroad, under an alternative trading name is also prohibited.

SECTION 20 - BRAND PROTECTION

Customers must at no time take any action that, in the opinion of Halilit, may harm or devalue the brands offered for sale by Halilit. Halilit reserves the right to close the account of any Customer considered to be participating in activities that harm or devalue the brands that they have purchased from Halilit.

 

SECTION 21 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 22 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 23 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 24 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 25 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 26 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 27 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 28 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Halilit Trade , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 29 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Halilit Trade and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 30 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 31 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 32 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 33 - FORCE MAJEURE

Halilit shall not be held liable in any respect or be deemed to be in breach of this contract whatsoever for any delay in the performance of, or the failure to perform any obligation pursuant to any order or Contract, in each case, as a result of circumstances from in part or whole by act of God, embargo, governmental act, fire, accident, war, riot, strikes, lockouts, trade disputes, breakdown of plant or any other by nature and beyond the control of Halilit. If such circumstances delay or prevent the performance or any obligation under any order or Contract for 60 days or more, Halilit shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

SECTION 34 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 35 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 36 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at tradesales@halilit.co.uk.
Our contact information is posted below:

Halilit (Marnita Limited)
Empire Business Centre,
Empire Way, Burnley
BB12 6HA
Telephone: 01254 872454