TERMS AND CONDITIONS
BY PURCHASING OR HIRING PRODUCTS OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS.
The following Terms of Service (“Terms”) between (“You” or “Your”) and Maison Margaux Ltd, a private company with company number 12333898, with its registered office being situated at c/o Rostrons, 62 – 64 Thorpe Road, Norwich, NR1 1RY, England, (“We”, “Our”, “Us”, or “Maison Margaux Ltd”) describes the terms and conditions on which you may access and use the Maison Margaux Ltd website located at www.maisonmargauxltd.com (the “Site”) and related services including Maison Margaux Ltd’s product hire and sales services (together with the Site and the Maison Margaux Ltd content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
ABOUT THE SERVICES
1.1. We aim to give You access to luxury table settings and event supplies for use in Your home or other environment, for an agreed hire period (the Products).
1.2. The Services include the hire and sale of tableware supplies, decor, and related services (“Products”). This agreement sets out the terms and conditions that apply to Your hire or purchase of any Product.
1.3. The agreement also sets out, where the use of the Services is different from the Products (and related Services), the terms and conditions which apply to Services which are unrelated to the Product (and related Services).
2.1. Children under the age of 18 may not use the Services. Parents or legal guardians may not agree to these Terms on their behalf.
2.2. You represent that You are 18 years or older and that You are authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
3. Modification of the Services of the Terms
3.1 Maison Margaux Ltd may modify, suspend, or discontinue the Services at any time for any reason.
3.2 Maison Margaux Ltd will use commercially reasonable efforts to notify You of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address You provided to Maison Margaux Ltd when you checkout.
5. Service Expectation and Restrictions
5.1. You acknowledge and agree that We may place limits on the hire or purchase of Products.
5.2. We reserve the right to limit, cancel, or prohibit any hire or sale of Products for any reason in Our sole discretion, which is absolute, including but not limited to availability and geographic concerns.
5.3. Orders within three (3) business days of Your desired delivery are subject to the approval of Maison Margaux Ltd and cannot be guaranteed. A rush fee will apply to orders confirmed within three (3) business days of delivery.
PART A – RENTAL OF PRODUCTS
“At Home” – refers to the Hire of between 10 – 25 settings as available on our Site under ‘At Home Looks’
“Bespoke” – refers to any Hire not a part of the ‘At Home Looks’, one where You have selected individual pieces to create a bespoke order.
The following conditions apply to the rental of any Product.
1. Product Hire
1.1 At Home bookings can be hired for between a minimum of 10 and maximum of 25 guests.
1.2 Bespoke bookings must meet a minimum spend of £1,000 on stock items.
1.3 Hired goods remain the property of Maison Margaux Ltd at all times.
1.4 Prices quoted are for a 24-hour hire period only and are subject to VAT. Prices are set as agreed but may vary should any tax changes take place. Extended hire terms are available on request.
1.5 From the time of delivery through to the time of collection, You shall be responsible for all lost or damaged Products. You are fully responsible for the Products whilst in your care and for insuring the Products if necessary, from the time of acceptance until collection. No insurance is provided by Maison Margaux Ltd.
1.6 The hire fee (Hire Fee) for the Product will be the total of the Hire cost, delivery charges, the loss and damage deposit and any other additional costs listed on the order quote for Your hire of the Product.
1.7 When You place an order for a Product, You authorise Maison Margaux Ltd to charge Your payment card for the Hire Fee.
1.8 Maison Margaux Ltd will charge Your payment card immediately upon order, regardless of how far in advance Products are reserved.
1.9 For At Home and Bespoke orders, Maison Margaux Ltd will only consider an order confirmed once payment has been received in full. When payment has been made, You have secured all of the items listed in your enquiry and your enquiry becomes an order. It is not possible to remove items from or change the order after payment has been made. If You wish to add more items over and above the original order, Maison Margaux Ltd will check the availability but cannot guarantee that additional goods will be available.
1.10 In the event that any additions are made to the order after the order has been confirmed and payment has been made, any such additions are subject to the same Terms, unless a new order is executed.
1.11 Should You wish to reduce goods after the deposit has already been paid, Maison Margaux Ltd requires You to supplement that reduction with other available goods.
1.12 An Order Fulfilment Fee of £50 will apply to all bookings.
1.13 A Rush Fee of £50 will apply to any orders booked with less than 72 hours to the delivery date, subject to availability.
1.14 A Rush Fee of £50 will apply to any additions made to an order with less than 72 hours to the delivery date, subject to availability.
1.15 An additional charge will be applied and agreed for a table set up service should this be required.
2. Payment Terms
2.1. In addition to the Products cost and delivery cost, a refundable loss and damage deposit is required as noted on the booking confirmation.
2.2. Maison Margaux Ltd will issue a payment request by email for 100% of the total Hire Fee in order to confirm Your booking for the specified date.
2.3. If the Hire Fee is not settled by the date stated, Maison Margaux Ltd will release the goods to other interested parties.
2.4. Payment should be made online through the link sent by Maison Margaux Ltd.
2.5. Details for an electronic transfer payment are as follows:
Account Name: Maison Margaux Limited
Bank Name: Barclays Bank
Bank Address: 75 King Street, Hammersmith, London, W6 9HY
Account Number: 20555770
Sort Code: 20-35-93
BIC Code: BUKBGB22
2.6. When processing an electronic payment, the order number must be used as the payment reference so that funds are allocated accordingly, and a copy of the payment confirmation should be sent to firstname.lastname@example.org.
2.7. Cheques are only accepted by prior arrangement. If cheques presented to us as payment, are returned by the bank, a fee will be charged.
3. Refundable Loss and Damage Deposit
3.1. The refundable loss and damage deposit will be refunded to You within ten (10) working days after Maison Margaux Ltd has collected the Products from You, pending Our inspection of the wares on their return.
3.2. In the event that goods or packaging are lost or damaged, Maison Margaux Ltd will inform You of the cost within 48 hours of Your return. In the instance that the costs exceed the loss and damage deposit, Maison Margaux Ltd shall provide an additional itemised invoice which You are required to pay in full within five (5) working days of receipt.
3.3. Refunds shall be made to Your original payment method.
3.4. The refund may take longer than 10 working days for You to receive depending on Your bank.
4. Cancellations and Postponements
4.1. All cancellations must be confirmed by email to be counted as authorised.
4.2. You may cancel Your order subject to the following cancellation fees and policies:
4.3. Any At Home order cancellation made fourteen (14) or more days in advance of the delivery date will incur a 50% cancellation charge of the total Hire Fee. Cancellations made less than 14 days to the delivery date will incur a 100% charge of the Hire Fee.
4.4. Any Bespoke order cancellation more than thirty (30) days in advance of the delivery date will incur a 50% cancellation charge of the total Hire Fee. Cancellations made less than 30 days to the delivery date will incur a 100% charge of the Hire Fee.
4.5. Should You wish to postpone your event to a later date, You may be subject to a cancellation fee as per the Terms above, depending on the new delivery date required.
DELIVERY & USE OF THE PRODUCTS
5. Use of the Products
5.1. It is Your responsibility to ensure that all information, including but not limited to, Products hire list, quantities, delivery/collection information and timing etc is accurately listed. Exact address and contact details must be provided to ensure accurate delivery. Maison Margaux Ltd is not responsible for inaccurate information provided.
5.2. By hiring Products from Maison Margaux Ltd you agree that it is for a legitimate purpose and not to engage in unfair and/or illegal business activities or competition.
5.3. You agree to treat the Products with reasonable care. You are responsible for any loss or damage to the Products. You agree to be charged for the price of replacing the Product, as determined in Our discretion, up to the retail value of the Product. This will be deducted from your loss and damage deposit (as in paragraph 3.2) unless the damage is greater in which case a second invoice will be raised to cover these additional costs.
5.4. Where the provisions of paragraph 3.2 apply, You authorize Maison Margaux Ltd to charge You for an amount equal to 100% of the original retail value (Retail Value) of the Product (when new).
5.5. All Products will be delivered clean and ready to use. All Products must be rinsed after use and before being returned and repackaged for collection. If Products are returned dirty, a washing charge of 25% of the total Hire Fee will apply.
5.6. Under no circumstances should scourers or abrasives be used on any Products.
6. Delivery of the Products
6.1. Our standard delivery hours are Monday to Friday between 9am and 6pm. For Products hired over a weekend, We will deliver to You on Friday afternoon and collect from You on Monday morning.
6.2. Delivery times for the Product may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from occurrences beyond our control for which We will not be responsible.
6.3. If there is a delay in delivering the Products, then where We are aware, We will inform You of this via email and telephone (wherever possible) and the Product will be despatched as soon as We can.
6.4. Delivery of the Product will occur when the Product is delivered to the address You provide us with. You are responsible for the Product when delivery has taken place.
6.5. There must be someone present for both the delivery and collection to sign and receive the Products. Maison Margaux Ltd requires a contact telephone number for the individual who will receive the goods and be present for collection.
6.6. If We are unable to Deliver or Collect the Products, due to You not being present at the address or not re-packing the Products on time for collection, you will be charged a Fee for the re-attempted delivery or collection. This fee will be deducted from your pre-paid deposit fee.
6.7. We will only take Products to the ground floor at the address You have specified for a delivery, except where you have explicitly requested our set up service, where in consideration for an additional fee, We shall deliver the Products no more than 1 floor up and 1 floor down, noting that any more than this, then We shall require there to be a useable elevator at the delivery address.
6.8. For any order deliveries to offices, public venues, restaurants or hotels we will require a specific contact name and number for Our delivery and collection.
6.9. It is Your responsibility to ensure any necessary protective covering for the floors and walls are in place before the transport crew arrives on site for both delivery and collection.
6.10. Maison Margaux Ltd is not insured to move any third party's furniture. If You request the delivery crew to help in this process, prior express authorisation will have to be given by Maison Margaux Ltd. If permission is granted, under no circumstances would Maison Margaux Ltd be held responsible for any damages that may occur as a result.
6.11. You are responsible for ensuring that Your delivery/collection instructions and arrangements are consistent with parking restrictions. Maison Margaux Ltd reserves the right to pass on to You the cost of any fines incurred due to delivery/ collection instructions which neglect or ignore parking restrictions.
6.12. In all cases, we require You to have provided Us with a delivery location where there is parking not more than 50 metres from the delivery address, which We can use in order to facilitate delivery of the Products. Where there is no such parking, We reserve the right to charge an additional fee for delivery thereon.
6.13. The standard delivery or collection time on site for At Home orders is no more than 30 minutes, if the driver and vehicle of Maison Margaux Ltd are required to wait for or are on site for more than 30 minutes Maison Margaux Ltd will charge £15 per 15 minutes. Bespoke order delivery and collection times on site will be agreed depending on the quantity of Products hired.
6.14. Upon delivery, You bear responsibility for the Products. Where this is under Your instructions, Maison Margaux Ltd does not bear liability for Products left unattended in an insecure delivery location. Maison Margaux Ltd has the right not to leave goods unsigned. In the instance that We are required to arrange re-delivery, You agree to be charged an additional Delivery fee.
6.15. It is admitted that the individual signing the delivery note had the opportunity to inspect the Products and confirm they are received in good condition.
6.16. If You find defective, missing or incorrect goods, You must notify Maison Margaux Ltd within one (1) hour of delivery by emailing email@example.com with details and/or photographic evidence. Otherwise, You shall be deemed to have accepted the goods in their condition as-is.
6.17. No variations to order or delivery or collection arrangements can be taken by warehouse staff or drivers.
7. Undertakings & Warranties
7.1. The following are the limited warranties Maison Margaux Ltd provides in connection with Product hire; and Maison Margaux Ltd’s liability to You for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Hire Fee as determined by Maison Margaux Ltd.
7.2. Subject to availability, We will deliver the Products You ordered, including the specified size, colour and design, on or before the delivery date for which You ordered them, except in the event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery.
7.3. In such event, We will use reasonable efforts to notify You that the Product is unavailable. If We are able to reach You, You will be entitled to choose any available hire Product to replace the unavailable Product. If We are unable to reach You, You acknowledge and agree that We may send You a reasonable substitution replacement product of the same or greater value. Products may appear slightly different in colour and style than as displayed on the Site.
7.4. The Products will be professionally cleaned and delivered ready to use. Maison Margaux Ltd cleans and inspects each Product with the utmost care. Use of the Product is at Your own risk and save for death or personal injury, Maison Margaux Ltd shall not be held liable for any health-related complaints associated with any Product.
7.5. We shall not be responsible, in any circumstances, for any matter which, acting reasonably, is outside of our control.
8. Return of the Products
8.1. You agree to prepare and pack the Products for return in the Return Packaging on or before the return date specified on Your booking confirmation.
8.2. With the delivery of the Product, Maison Margaux Ltd will provide You with Maison Margaux Ltd boxes as well as instructions for re-packing the Products ready for the agreed scheduled collection.
8.3. You agree to prepare and pack the Products in a rinsed condition, for return in the Maison Margaux Ltd boxes on or before the return date specified on the packing slip and listed on Your order confirmation.
8.4. If Products are returned to Us without having been rinsed, You agree to be charged 25% of the total Hire cost for additional cleaning by Us. Particular attention should be paid to Products which have come into contact with sauces or food which may leave longer lasting stains on delicate Products.
8.5. Table linen must not be returned or stored damp or wet. Damage resulting from mildew or other stains and burn marks that will not respond to laundering will be charged at full replacement cost.
8.6. All packaging is considered part of the Hire cost and all boxes, cartons, linen bags and protective equipment are to be returned dry and intact. A charge will be made for all non-returned or damaged items.
8.7. You must return the Product by making Product available for pick-up by the Maison Margaux Ltd courier at the agreed upon location by the agreed upon time. You are solely responsible for the Product until it has been picked up by the Maison Margaux Ltd courier.
8.8. If We are unable to Collect the Products at the agreed scheduled time, due to You not being present at the address or not re-packing the Products on time for collection, you will be charged a Fee for the re-attempted delivery or collection. This fee will be deducted from your pre-paid Deposit Fee.
8.9. We do not recommend leaving the Product unattended at a pick-up location, but instead coordinating a time you can be available to oversee pick-up. We are not responsible for any personal or other items left in the Products or which are returned to Maison Margaux Ltd in the Return Packaging. Maison Margaux Ltd staff may assist in attempting to locate such items at a customer’s request but are not obligated to and assume no liability for doing so.
8.10. In the event that any goods which do not belong to Maison Margaux Ltd are returned to the Maison Margaux Ltd premises, such goods will be held on site for a maximum of 2 months, after which the goods will be disposed of. It is Your responsibility to arrange collection.
8.11. For an additional fee, You may extend Your order for a Product by contacting us, provided that any extensions are subject to other orders for that Product. You must return the Product by making the Product available for pick-up by Maison Margaux Ltd courier at the agreed upon location by the agreed upon time.
8.12. Drivers collecting goods are not authorised to return deposits or check goods
8.13. Pick up of rental orders from Maison Margaux Ltd warehouse is not allowed unless otherwise noted.
8.14. If We are unable to Deliver or Collect the Products, due to You not being present at the address or not re-packing the Products on time for collection, you will be charged a Fee for the re-attempted delivery or collection. This fee will be deducted from your pre-paid Deposit Fee.
9. Late Fees
9.1. If You prevent or delay the scheduled collection of the Product, a late fee will be payable by You, to Us. The late fee shall be applied for each day that your return of the Products is delayed beyond the scheduled return date; and in all circumstances, shall be between 30% - 100% of the original Hire fee (less delivery charges), dependent on whether the Products were expected for a new booking, per day for each day of delay, pursuant to a further invoice, which (as necessary) will include any charges referred to in paragraph 9.2.
9.2. The late fee is payable for each order of Products that is not returned when due. If You have not returned a Product within seven (7) days after the return date for the Product, Your late return will be considered a non-return and Maison Margaux Ltd will charge you the Retail Value, in addition to any other charges identified above.
9.3. Late fees will be deducted from Your loss and damage deposit.
The following additional conditions apply to the sale of any Product.
10. All Sales are Final and As-Is
10.1. You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you.
10.2. All Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
10.3. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with Your purchase of the Products.
10.4. Any Purchase Price listed on the Maison Margaux Ltd website is subject to change and Maison Margaux Ltd reserves the right to alter the Purchase Price, discount, or availability of any particular item at its discretion and without notice.
10.5. Upon Your purchase order for a Product, You authorize Maison Margaux Ltd to charge Your payment card for the Purchase Price. We will charge Your payment card the amount of the Purchase Price immediately upon Your purchase order.
10.6. If You do not pay the amounts You owe to Maison Margaux Ltd when due, Maison Margaux Ltd may institute collection procedures and You agree to pay Maison Margaux Ltd’ costs of collection, including without limitation reasonable legal fees.
PART B – USE OF SERVICES
1. Online Services
1.1. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from Maison Margaux Ltd staff and photos and comments from other users (“Maison Margaux Ltd Content”) is available to You on an “as is” basis and is to be used for general information purposes only.
1.2. The Maison Margaux Ltd Content is provided with the understanding that such information does not constitute professional advice or services. As such, You agree not to rely upon or use any Maison Margaux Ltd Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Maison Margaux Ltd Content.
1.3. We may update the Maison Margaux Ltd Content, including Product description and specifications, as We deem appropriate and without notice to You.
2. Third Party Content
2.1 The Services may contain links or references to non-Maison Margaux Ltd websites, products, services or other materials or content (“Third-Party Content”). Maison Margaux Ltd is not responsible for any Third-Party Content or the actions of those that provide or use such Third-Party Content. Any Third-Party Content is independent from Maison Margaux Ltd, and Maison Margaux Ltd has no control over the Third-Party Content. In addition, a link to any Third-Party Content does not imply that Maison Margaux Ltd endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.
3. Acceptable Use Policy
3.1 No part of the Services, including the Maison Margaux Ltd Content, may be reproduced or transmitted in any form, by any means, except that Maison Margaux Ltd authorizes You to view, copy, download, and print Maison Margaux Ltd Content (such as press releases and FAQs) that is available on the Site, provided that: (a) You use the Maison Margaux Ltd Content solely for Your personal, non-commercial, informational purposes; (b) You do not modify the Maison Margaux Ltd Content; and (c) You do not remove any copyright, trademark, and other proprietary notices on the Maison Margaux Content.
4. Use of the Services
4.1 You may not use the Services to: (i) transmit any content, information or other materials that are, or which Maison Margaux Ltd considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, an Maison Margaux Ltd representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
4.2 You also agree that You will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
5. Your Content
5.1. If You post, upload or make available to Maison Margaux Ltd, or otherwise submit to or through Maison Margaux Ltd as part of Your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to Your use of the Products (“Your Content”), You hereby grant to Maison Margaux Ltd a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and Your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to You, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to You or to any other person or entity.
5.2. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, You represent and warrant that Your Content and Your communication conform to these Terms, and that You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Maison Margaux Ltd to exploit, Your Content in all manners contemplated by these Terms.
5.3. You waive all moral rights in Your Content which may be available to You in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Our part and We will not be liable for any use or disclosure of any Your Content.
6. Your Account
6.1. Access to parts of the Services requires the creation of a user account, including a username and password that You choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to Your account by any person. You agree to bear all responsibility for the confidentiality of Your account information and all use or charges incurred from use of the Services with Your account. You agree to notify Maison Margaux Ltd promptly of any unauthorized use of Your account or password.
6.2. There may be delays, omissions, or inaccuracies in the Services, including the Maison Margaux Ltd Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
7. Termination of Account
7.1. Where you have an account, You may deactivate Your account and discontinue Your use of the Services at any time.
7.2. In order to deactivate Your account, please contact Us at firstname.lastname@example.org
7.3. Any violation of these Terms may result in suspension or termination of Your access to the Services and/or removal of Your Content.
7.4. Maison Margaux Ltd may also terminate Your account if Maison Margaux Ltd determines that Your conduct poses a risk or liability to Maison Margaux Ltd, or for any other reason as determined by Maison Margaux Ltd in its sole discretion.
7.5. In each of these cases, the Terms will terminate, including Your license to use the Services, except that the sections pertaining to Hire Fee, Late Fees, Lost Return Packaging, Failure to Pay Fees, and Acknowledgment will still apply.
8.1. By sending Us any feedback, ideas, suggestions, documents or proposals (“Feedback”), You grant to Us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and You waive all moral rights in the Feedback which may be available to You in any part of the world and confirm that no such rights have been asserted.
8.2. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Maison Margaux Ltd may use Your Feedback without restriction or obligation to You or any third party.
PART C: TERMS AND CONDITIONS APPLICABLE TO ALL PRODUCTS AND SERVICES
1. Processing your personal data
1.1. Both You and Us will comply with the General Data Protection Legislation and agree that You are the Controller and We are the Processor. The only Processing, We are authorised to do is set out in these Terms and Conditions unless the law requires otherwise, in which case We will promptly notify You of any additional Processing if permitted by law.
1.2. We must have in place Protective Measures, details of which shall be provided to You on request, to guard against a Data Loss Event, which take into account the nature of the data, the harm that might result, the state of technology and the cost of implementing the measures.
1.3. We will ensure that Our personnel only process Personal Data in accordance with the Services and shall take all reasonable steps to ensure the reliability and integrity of Our personnel with access to Personal Data, including by ensuring they:
1.3.1. are aware of and comply with the supplier’s obligations under this paragraph;
1.3.2. are subject to appropriate confidentiality undertakings with the supplier; and
1.3.3. are informed of the confidential nature of the personal data and don’t publish, disclose or divulge it to any third party unless directed by the client or in accordance with the Services.
1.4. We will not knowingly transfer Personal Data outside of the European Union unless Your prior written consent has been obtained, which shall be dependent on such a transfer satisfying relevant Data Protection Legislation requirements.
1.5. We will delete or return Personal Data (including copies) if requested in writing by You at the end of the provision of the Services, unless required to retain the Personal Data by law.
1.6. We will notify You without undue delay if it receives any communication from a third party relating to the any obligations under the Data Protection Legislation, or it becomes aware of a Data Loss Event, and will provide You with full and ongoing assistance in relation to its obligations under the Data Protection Legislation, and insofar as this is possible, in accordance with any timescales reasonably required by You.
1.7. We will maintain complete and accurate records and information to demonstrate its compliance with this paragraph.
1.8. Before allowing any Sub-processor to Process any Personal Data related to these Terms and Conditions, We will:
1.8.1. notify You in writing of the proposed Sub-processor(s) and obtain Your written consent;
1.8.2. ensure that it has entered into a written agreement with the Sub-processor(s) which gives effect to obligations set out in this paragraph such that they apply to the Sub-processor(s); and
1.8.3. inform You of any additions to, or replacements of the notified Sub-processors and You shall either provide written consent or object.
For the purposes of this paragraph, the following defined terms shall apply:
Data Loss Event: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
Data Protection Legislation: means the General Data Protection Regulation and any applicable national implementing Laws as amended from time to time; the UK Data Protection Act 2018 to the extent that it relates to processing of personal data and privacy all applicable Law about the processing of personal data and privacy, including if applicable legally binding guidance and codes of practice issued by the Information Commissioner.
Data Subject: has the meaning set out in the Data Protection Legislation.
Personal Data: has the meaning set out in the Data Protection Legislation.
Personal Data Breach: has the meaning set out in the Data Protection Legislation.
Process and Processing: has the meaning set out in the Data Protection Legislation.
Processor: has the meaning set out in the Data Protection Legislation.
Protective Measures: means appropriate technical and organisational measures which may include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and Services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it.
Subprocessor: means any third party appointed to Process Personal Data on behalf Maison Margaux Ltd under this Agreement.
2. Indemnification for Breach
2.1. By using the Products and Services, You agree to indemnify, hold harmless and defend Maison Margaux Ltd and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses including but not limited to legal fees, resulting directly or indirectly from a claim by a third party that is based on Your use of the Services in violation of these Terms.
3.1. By using the Services, You consent to receive communications from Us where such communications may be for the purpose of notifying You of the status of Your order, sending you reminders, and providing You with other information relevant to the Services you have purchased; and
3.2. You consent to receiving periodic marketing and sales information describing our Services as they may change over time.
3.3. We will not pass on any information you provide to us, to any third party, unless required to do so by law or, in order to provide the Services.
4. Intellectual Property
4.1. The Services, including the Maison Margaux Ltd and all intellectual property rights in and to the Products and Services and any changes, modifications or corrections, are the property of Maison Margaux Ltd and its affiliates and licensors, and are protected from unauthorised copying and dissemination. Maison Margaux Ltd and its affiliates and licensors reserve all rights in and the Services not granted expressly in these Terms.
4.2. Where You are found to have breached the provisions of this paragraph, You hereby agree to indemnify Maison Margaux Ltd, without limitation and upon demand, for all resulting costs, loss and related legal costs, including costs of enforcement against You, including consequential loss.
5. Disclaimer of Warranties, Limitation of Liability
5.1. The limited warranties set out in Part A paragraph 7 for hire apply only to You and may not be assigned, sold or transferred to any third party. No other warranties are granted by Maison Margaux Ltd in connection with the Services or Products. The limited warranties shall not apply to any matters arising from Your violation of these Terms.
5.2. Your sole and exclusive remedy and Maison Margaux Ltd’ sole and exclusive liability for a breach by Maison Margaux Ltd of the limited warranties set out in Part A paragraph 10 shall be, at Maison Margaux Ltd’s option, Maison Margaux Ltd’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Hire Fee, as applicable.
6. Disclaimer of Warranties
6.1. Except for the limited warranties set out in Part A paragraph 7 the Services and Products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. Specifically, but without limitation, Maison Margaux Ltd does not warrant that: (i) the Services, including the Maison Margaux Ltd content, are correct, accurate, reliable or complete; (ii) the Services will be uninterrupted or error-free; (iii) defects will be corrected, (iv) the Services or the server(s) that makes the Services available are free of viruses or other harmful components, or (v) the Products will be fit for your intended purpose or otherwise accord with your expectations.
7. Limitation of Liability
7.1. Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
7.1.1. death or personal injury caused by Our negligence, or the negligence of Our personnel, agents or subcontractors; and
7.1.2. fraud or fraudulent misrepresentation.
7.2. Save for any matters referred to above, under no circumstances shall Maison Margaux Ltd be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the Products, even if We have been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be to discontinue your use of the services and terminate these terms.
8. Entire Agreement
8.1. These Terms are the entire agreement between You and Maison Margaux Ltd relating to the subject matter herein and shall not be modified except by Maison Margaux Ltd in accordance with these Terms, or as otherwise agreed in writing by You and Maison Margaux Ltd. No employee, agent or other representative of Maison Margaux Ltd has authority to bind Maison Margaux Ltd with respect to any statement, representation, warranty, or other expression not specifically set forth in these Terms.
9. Severability and Waiver
9.1. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
9.2. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, not shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
10.1. You may not assign or transfer these Terms or any of Your rights or obligations under these Terms. Maison Margaux Ltd may assign these Terms at any time without notice to You.
11. Force Majeure
11.1. Maison Margaux Ltd will not be liable for or be considered to be in breach of these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Maison Margaux Ltd’ reasonable control.
12. Governing Law and Exclusivity
12.1. This agreement is governed by the laws of England. Any dispute may be submitted to the non-exclusive jurisdiction of the English courts. If any provision of this Agreement is or becomes invalid or unenforceable the remaining provisions shall not be affected.
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