Our Terms of Use & Conditions of Sale
This website is operated by The Expat Marketplace (referred to as "TEMP /we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. Delivery Information, How to shop, Returns, and Privacy Policy.
Please:
* read through these terms and conditions carefully before using this website.
* print a copy for future reference.
* also read our Privacy Policy section regarding your personal information.
1. General
a. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
b. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
2. Order process
2.a Please see our Delivery Information and our How to shop section for information on how to place an order with us. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.b The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgment email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from The Expat Marketplace. In the event where one of the products ordered is not in stock, we will contact you in less than 3 working days of your order date to inform you how long it will be before we are able to deliver the product.
If there are certain products that are temporarily unavailable, depending on the amount of time the items are on backorder we will send the available products and we will send the rest of the order when its back in stock. We will offer you a replacement for an unavailable product, a product of equal price and quality.
2.c Acceptance of your order and payment to us along with the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have canceled it. Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order.
By registering on the Site, you agree to provide us with sincere and true information as it concerns you.
2.d We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgment for your own records. If you wish to obtain specific details of your previous orders please contact us.
3. Delivery
3.a Delivery charges and estimated timescales are specified in the Delivery Information section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. TEMP shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.b 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 us.
4. Payment
If the value of your First order with us is over 500€ we can only accept payment by Bank Transfer or PayPal:4.a We take payment from your card at the time we dispatch your order to you, . Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.b The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.c Payment can be made by any method specified in our How to Pay section.
4.d Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.e All prices are by default shown in euros (€) and include VAT/IVA (where applicable) at the applicable current rates.
5. Returns, Cancellations and Substitutions
5.a We offer a 7-day money back guarantee, if you change your mind about the item/s you have purchased with us.We also offer a 7 day quick returns policy if your goods are not suitable for the purpose they were purchased,ie,faulty.Please note this does not include a refund on any delivery fees paid if you live outside our Free delivery area. please refer to Returns section. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns section.
5.b Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 7-day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns section for further details)
5.c All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
6.a You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us . You are permitted to use this material only as expressly authorized by us.
6.b You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.c The Expat Marketplace cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offense of forgery, which is severely punished under the Intellectual Property Code.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of The Expat Marketplace.co.uk as long as the link does not portray The Expat Marketplace.co.uk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Expat Marketplace.co.uk logo or other proprietary graphic or trademark as part of the link without our express written consent.6.d The Expat Marketplace will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
7. Liability and Indemnity
a. Nothing in these terms and conditions excludes or limits 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.
b.Subject to (a) above,TEMP will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website TEMP will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and TEMP accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
Reviews and User Content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The Expat Marketplace.co.uk reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant TEMP and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) TEMP and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to The Expat Marketplace.co.uk, including the execution of deeds and documents, at the request of The Expat Marketplace.co.uk.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to TEMP: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable TEMP policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify The Expat Marketplace and its affiliates for all claims brought by a third party against TEMP or its affiliates arising out of or in connection with a breach of any of these warranties.
c. Subject to Section (a) above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
d. Subject to Section (a) above, TEMP will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
* economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
* loss of goodwill or reputation; or
* special or indirect losses
* suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
e. Notwithstanding the above, subject to Section (a) TEMP' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
f. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
h. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
The Expat Marketplace and The Expat Marketplace logo, are registered trademarks of The Expat Marketplace in the European Union. The Expat Marketplace trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TEMP. All other trademarks not owned by TEMP that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Expat Marketplace.co.uk8. Miscellaneous Provisions
a. We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with 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). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we 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.
b. TEMP shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
c. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
d. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by The Expat Marketplace.co.uk .
e. TEMP reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
f. 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. h. 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 U.K. Contracts (Rights of Third Parties) Act 1999) except:
1) TEMP (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
2) TEMP shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
3) a person who is a permitted successor or assignee under Section (a) above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
4) No consent from the persons referred to in Section (a) is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
a. No delay or failure by TEMP to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of TEMP
b. These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and The Expat Marketplace.co.uk relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and The Expat Marketplace for your use of this website.
The Expat Marketplace website is owned and operated by:
RohhaLifestyle
Paseo del Mediterraneo 259
04638 Mojacar,.
Almeria, Spain
NIE /VAT/ IVA Number: X6624796Z
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the TEMP website, please see our FAQ section for more information and full contact details.
