Terms & Conditions

 

Your rights

LeMarq Limited (“LeMarq”) is a UK based company and complies with UK consumer law including the Distance Selling Regulations. This means that shopping with LeMarq is intended to be safe. We do our best to ensure you won't get ripped off, you'll get your products and we'll listen to any problems you have. By visiting our website, lemarq.cc, you accept and agree to the content of these Terms and Conditions. Our Terms and Conditions do not affect your statutory rights.

 

Ownership of information and equipment

LeMarq creates the majority of the pictures and descriptions for the website. This information is copyright of LeMarq and may not be used by any other party without express permission of LeMarq. The lemarq.cc website is provided for use only for viewing by an end user. Taking of any content or prices by automated processes, such as spidering, will be deemed as a breach of copyright and is expressly forbidden except where specifically agreed with LeMarq or where LeMarq has expressly requested the process.

All designs, tools and other special equipment used in the manufacturing process remain LeMarq's property, whether or not a charge is made towards their cost.

 

Accuracy of information

We put a lot of time and effort into describing and photographing the products we sell using our own photography and create our own descriptions of the products.

Although we aim that every picture and description is as accurate as possible, mistakes do occur so let us know if you see or read something that isn't correct. If you've purchased something based on a picture or description on the website which turns out to be incorrect in any material respect, we'll happily replace or refund the product.

Any samples, drawings, advertising, specifications or other materials provided or contained in any brochure, promotional or other literature ("specifications") are approximate only and LeMarq reserves the right to alter such specifications and to supply the products to you reflecting such altered specifications without prior notice to you provided that such alterations do not materially affect the characteristics of the products.

 

Ordering and acceptance of Orders

When placing an order you agree that all the information given by you is accurate and complete and is given in good time to enable LeMarq to supply the products ordered on time. You will receive an acknowledgement email confirming receipt of your order and an Order ID: this email will only be an acknowledgement and will not constitute acceptance of your order. By placing an order, you make an offer to us to purchase the products you have selected. We may or may not accept your offer at our discretion.  If we accept your order, we will do so by way of an email expressly indicating our acceptance. LeMarq will be entitled to accept part only of any order submitted to it by you and/or to reduce the quantity of products delivered to you.  If LeMarq reduces the quantity supplied to you in accordance with this condition we will let you know as soon as possible. If we cannot accept your order we will contact you by email and shall refund any amount already paid to us by you. We will always make every effort to supply you with the products listed in your order confirmation.

 

Custom Orders

Where you request LeMarq to produce customised products (including through the incorporation of your mark or logo on the products), it is your responsibility to ensure that the designs and/or logos that you provide LeMarq are provided in such format that enables LeMarq to produce the products in accordance with your order.

 

Out of Stock Product and Pre-Orders

It is not possible to place an order for an out of stock product or pre-order new lines. You can however express your interest in an item that is not available by using the “Inform Me” button on the product page. You will then receive an email as soon as the item becomes available in your chosen size and colour.

 

Amending or Cancelling an Order

If you would like to amend your order, please email customer services on enquiries@LeMarq.cc. Please note that once an order has been processed LeMarq are unable to cancel or amend it.

 

Pricing

All prices listed on lemarq.cc are correct at the time of entering the website.

You agree that you will pay the prices set out in LeMarq’s quotation. Prices are quoted in either UK Sterling, US dollars, Euros or Swiss Francs (plus VAT or other sales tax if applicable). Local import duties may be payable by the recipient on receipt of the order.

LeMarq reserves the right by giving notice to you at any time before delivery, to: increase the price of the products to reflect any increase in the cost to LeMarq which is due to any factor beyond LeMarq’s control such as fluctuation in relevant exchange rates or the increased cost of materials and/or wages; and impose delivery charges for express deliveries requested by you (which will vary depending on the weight of the order and the agreed point of delivery).

You shall not be entitled to discounts of any nature except subject to written confirmation from LeMarq, at LeMarq’s sole discretion. Furthermore, discounts shall be granted subject at all times to your compliance in every respect with these conditions throughout the whole period prior to the granting of such discounts.

 

 

 

Payment Terms

Your credit card or debit card will be charged at the point of purchase unless your items are pre-order items in which case we will not charge your credit or debit card until the items are in stock and ready to be dispatched. All custom orders will be charged in full at point of purchase.

If payment terms are expressly agreed with you by LeMarq (in its sole discretion) such that payment is not required in advance and you fail to make any payment on time, then you will be required to immediately pay for all of your orders in full and without limiting LeMarq’s other rights and remedies, LeMarq shall be entitled (in its sole discretion) to (i) cancel the contract or suspend any further deliveries to you, (ii) keep any payment made by you to LeMarq under any contract between us to such products as LeMarq may think fit, notwithstanding any purported keeping of any payment by you, and/or (iii) charge you the full cost of recovery of sums outstanding as well as interest at the rate of 3% above base lending rate of Barclays Bank plc., accruing on a daily basis.  LeMarq will be entitled to allocate payments received from you against any invoice issued to you that is due for payment.

 

Errors and Omissions

In the case of errors or omissions on the website, LeMarq reserve the right to refund the purchase price for your order prior to the goods being despatched.

LeMarq reserve the right to cancel any order if the product is no longer available. No compensation will be paid in such cases but customers will be notified and reimbursed for the full cost of the order.

Every care has been taken to ensure that the descriptions and specifications of LeMarq products are correct. The colours shown on the website are a close representation, but slight variations in the actual product colours may occur due to different screen resolutions and browsers.

If a genuine error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on lemarq.cc is incorrect for any reason, we will email you to inform you that we have not accepted your order, and shall refund any amount in excess already paid to us.

 

Delivery

LeMarq aims to deliver products up to 8 to 10 weeks after it has accepted an order.  Whilst every reasonable effort will be made to fulfil delivery dates, any dates quoted for delivery of the products are approximate only and LeMarq shall not be liable for any delay in delivery of the products howsoever caused.  In particular, delivery is subject to the relevant lead times on components that may need to be ordered by LeMarq to enable it to manufacture the products. 

It is your responsibility to check the products upon their delivery.  Delivery is when the products have been delivered to the place of delivery you give in an order form.  All deliveries require a signature on receipt.  If, on delivery, you find that some of the products fail to meet with agreed standards, and as a result you wish to return the products, then you must check LeMarq’s return policy below.

LeMarq reserves the right to make instalment deliveries of the products ordered under each contract.

If you fail to take delivery of the products or fail to give LeMarq adequate delivery instructions (including a correct delivery address) to ensure delivery in accordance with these Terms and Conditions then, without limiting its other rights and remedies, LeMarq may (i) store the products until actual delivery is made to you and charge you for its cost (including insurance) of storage and (ii) sell the products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price on the original order or charge you for any shortfall below that price.

Should you require special handling for the products you must say so in the order form.  LeMarq shall be permitted to charge you an additional fee for this to cover any additional costs, which will be added to the price of the products.

 

LeMarq Returns Policy

If you are not 100% satisfied with your purchase you can return it for an exchange or refund, provided it is within 28 days of receipt of your order and the item is as new and in the original packaging.

Returns are only accepted online for items purchased directly from LeMarq.cc. If you have purchased your item from one of LeMarq’s partners, please contact them directly to arrange an exchange or refund.  You agree that LeMarq is not responsible or liable for any such exchange or refund.

Products purchased as gifts can be refunded to the original purchaser provided all the other requirements permitting a refund apply in the circumstances; alternatively we can provide a credit to the gift recipient. Gift exchanges will show on the order history of the original purchaser. Please include a suitable delivery address for us to despatch exchanged products to.

Gift Vouchers are non-refundable.

Sale items are not eligible for refunds.

 

Custom Orders

Due to the very bespoke nature of custom orders, refunds, returns or exchanges are not possible. Therefore please check extra carefully that the sizing is correct before ordering. Returns or exchanges for custom orders will only be possible in the event of faulty products, and a replacement product might not always be available. In case the product cannot be exchanged, the amount paid for the product will be refunded to the card with which the purchase was originally made.

 

Exchanges

If you are unhappy with the fit, cut, colour or style of your product please feel free to return it for an exchange within 28 days of ordering.  As long as the item is “as new”* and in the original packaging.  LeMarq will accept it and replace your purchase with a product of your choice, refunding any difference in price or taking additional payment.

To qualify as “as new” condition for LeMarq, items must be unwashed and unworn. Please retain all original packaging and tags.

 

Faulty Goods

Goods are considered faulty where a manufacturing fault occurs within 90 days of delivery. LeMarq will assess whether or not the product has suffered a manufacturing fault and will return or refund the product as required. Please note that items that are damaged as a result of excessive or long term usage or accident damage are not considered to be faulty.

If you would like to exchange a faulty item, please be aware that it can only be replaced for the same product in the same size, subject to availability.

If a faulty item has been worn it must be freshly laundered before being returned. All unwashed worn garments will be returned back to the customer.

 

How To Make a Return

       Please log in and visit your account page, click on order history, select the appropriate order, click returns and print out a copy of your order. Please indicate which products you wish to return or exchange. Please include this print out in your returns package.

       Repackage your item wherever possible in the original packaging and enclose a copy of your returns form.

       Please post the package back according to your location to:
 
Returns
, LeMarq Ltd, 3 Rotherwood Road, London SW15 1LA United Kingdom


       We recommend that you acquire a PROOF OF POSTAGE receipt and retain this until you receive email confirmation that we are processing your return. We do not refund postage costs.

       When LeMarq receive your return we will aim to process it within 7 working days

       All packages must be marked “Goods returned under warranty".

       If you do have any enquiries about your return once it has been posted, email returns@LeMarq.cc. Please include the date the item was posted, which address it was sent back to, the name it was sent under and the item’s tracking number if applicable.

LeMarq will try to process your return as soon as it arrives. However please note that this can take several weeks to process depending on the time of year.

 

Risk and Title

Risk of damage or loss of the products shall pass to you on delivery.  Title in the products however shall remain with LeMarq and shall not pass to you until LeMarq has received payment in full of all amounts owed to LeMarq by you (whether for the products in question or otherwise), including amounts due but not yet payable.  Until such time as title in the products passes to you LeMarq shall have the absolute authority to retake possession of the products and/or sell, dispose of, or otherwise deal with the products, or any part of them at any time.

 

Use of LeMarq Products

You will not, and you will make sure that none of your employees or agents will, actively market, advertise, promote, distribute or sell any product of LeMarq unless we have given you written permission to do so.  You agree that LeMarq can, as soon as you place an order for products, refer in its marketing materials that you are a client of LeMarq.  

 

Intellectual Property

You are responsible for ensuring that you are permitted to provide LeMarq with all designs or logos that you may give as part of an order for customised products.  You agree to compensate LeMarq in full if anyone makes a claim against it as a result of its use of the designs or logos you provide.  This Condition will survive termination of the contract between us.

You agree that LeMarq is allowed to use all designs and logos that you provide it with for the purpose of producing the products in accordance with these Conditions.

You also agree that all marks used by LeMarq in the design, manufacture and production of the products (other than those supplied by you) together with all other marks of LeMarq and/or of the relevant event owner (e.g. event marks) remain the exclusive property of LeMarq (and/or of the relevant event owner) and you have no right to use them in any way, whether in marketing or otherwise.

 

Security

We take online security very seriously and have taken every precaution to ensure that your information is processed with confidentiality and accuracy.

 

Do not share personal information

LeMarq will never e-mail or call you to ask you to disclose or verify your credit card information, bank account details and passwords. If you are contacted by phone or receive an unsolicited email purporting to be from LeMarq and asking for such information, please disregard and pass this on to our team.

 

Credit card security

We take online security extremely seriously and have taken rigorous precautions to ensure that your payment information is processed confidentially and accurately.



We don't hold sensitive payment details about our customers. When you input your card details during shopping, the card processor retains all the information about your card and only issues LeMarq with a unique token identifier. This token then allows us to process the cost of your order against your card. It also allows us to issue refunds or process, for example, backorder charges. We don't have access to your complete card details.



Please be aware that in the interests of credit card security you may be contacted prior to the dispatch of your order with a request for additional information.

 

Privacy Policy

LeMarq Ltd. is aware that the protection of personal data and its confidential handling is of great concern to our users. We would therefore like to illustrate which information we collect and how we handle it.

 

Collection and Use of Personal Data

Personal data is information that identifies you, such as your name, e-mail or postal addresses. LeMarq does not collect personal data from you except when you specifically provide such data (e.g. when ordering, subscribing to e-mail newsletters, taking part in a survey, competition or sweepstake, ordering product or requesting for information) and consent to its use.

We store, use, or transfer your personal data only accordingly to your consent and to the extent – with respect to content and time – needed in each specific case, e.g. to respond to your questions or concerns, to fulfill your requests or to inform you about the results of a competition or sweepstake. 

In order to do this, it may be necessary for LeMarq to transfer personal data to other companies or to external service providers for further data processing. Service providers may, for example, be commissioned in the context of shipping goods, distributing advertising material or in the scope of competitions. LeMarq requires that these parties agree to process personal data based on our instructions and in compliance with this data protection notice.

Any other transfer of your personal data, for example the transfer of logon data from our websites to a third party’s social community website or web service like Facebook or Twitter, requires your explicit prior consent. LeMarq guarantees that it will not sell or lease your personal data to a third party. We may, however, have to disclose information about you if we are required to do so by law or in response to enforceable governmental requests.

 

Use of Personal Data for advertising or marketing purposes

If you expressly agree to the use of your personal data for advertising or marketing purposes, your personal data will also be stored and continuously used for such purposes, e.g. for sending you newsletters, product samples, asking for your participation in competitions or sweepstakes, all via e-mail or post or any other communication channel you consented to. We may use your data to create and maintain a user profile to provide you with individualized advertising and promotions. We may also use the data provided by you for analyzing and improving the effectiveness of our website services, advertising, marketing, market research, and sales efforts.

 

Withdrawal of consent

You may withdraw your consent to use your personal data completely or partly at any time with future effect. We will erase your data upon receipt of the withdrawal.

 

Right to Information

Upon request, we will promptly inform you which of your personal data, if any, was collected during your visits to our website. Please direct all you queries to one of the addresses stated above.

 

Automatically Recorded Information (Non-Personal Data)

When you access our website, we automatically collect general information that is not related to your person, e.g. the name of the internet service provider (or with company networks, the name of your firm), the website you visited before ours, information on our website you called up, date and time of the call up and the operating system and browser version in use.

This information is collected and analyzed in anonymized form. It is used solely for the purpose of improving the attractiveness, content and functionality of our website. It is not processed any further nor is it transmitted to third parties.

 

Cookies

What are cookies?

Cookies are plain text files containing small amounts of anonymous information that are created and stored on your computer, mobile or other device when you visit a website. They can be used for lots of different purposes, like saving shopping baskets, enabling smooth login, pre populating forms and remembering preferences. Cookies are not harmful and cannot scan or retrieve your personal information.



 

Why do we use Cookies?

We use cookies to improve your site experience by making the website easier to use as well as provide us with information about how the website is being used so that we can make sure it is up to date and error free.

 A list of all the cookies used on our website, by category, is set out below:

 

Cookie Type

Overview

Use on LeMarq.cc

Strictly necessary Cookies

Strictly necessary cookies are essential for the use of features on the website.

Used to:

   Remember your shopping basket items

   Identify you as being logged in

Performance Cookies

Performance cookies collect anonymous information on how the website is used so that we can improve the site.

Used to provide statistics on how visitors:

   Arrive at our site

   Browse our site

   Use our site

This helps to highlight how we can improve all areas of the site.

Functional Cookies

Functional cookies remember choices you make to improve your experience.

Used to:

   Remember your preferred country, language and currency

   Remember your preferred product listing style and discipline

Targeting or Advertising

 

Cookies

Targeting and Advertising cookies collect information about your browsing habits to make advertising more relevant to you and your interests.

Used to:

   Help measure the effectiveness of advertising campaigns

 

Using lemarq.cc means that you agree to our use of cookies.

Managing your Cookies

You can manage your cookies through adjusting your browser settings on your computer or mobile device.

For more information about managing your cookies and cookies in general, you can visit www.allaboutcookies.org.

Please be aware if you choose to restrict or block cookies it may impact the functionality or performance of the website, or prevent you from using certain services.

 

Limitation of liability in connection with the supply of products and site usage

LeMarq shall not be liable for: (i)  any indirect or consequential damages suffered by you; (ii) loss of profit, goodwill or business opportunity incurred by you; (iii) loss of data by you; (iv) loss of or damage to your property; or (v) loss or damage incurred by you as a result of third party claims, in each case relating to the supply of its products to you and/or the use of this site by you.

Except as set out in these Terms and Conditions, all conditions, warranties and representations, expressed or implied, in relation to the Products are excluded.

The entire liability of LeMarq under or in connection with these Terms and Conditions is limited, in respect of each event or series of connected events, to 125% of the purchase price paid by you.

Nothing in these Terms and Conditions limits or excludes our liability for personal injury or death arising from negligence.

  

Changes to our Terms and Conditions

If we decide to change our Terms and Conditions, we'll post the changes on this page so that you always have access to our latest Terms and Conditions. .

 

 

General

You agree that LeMarq may be prevented from delivering the products or performing its obligations on time as a result of events outside of its reasonable control and you agree not to hold LeMarq liable should any such event occur.


If any term of these Terms and Conditions is considered by a court to be invalid or unenforceable then the remainder of these Terms and Conditions shall remain valid.


No third party shall have a right to enforce the terms of these Terms and Conditions.


Only LeMarq is allowed to assign or sub-contract its rights under these Conditions.


You shall keep confidential at all times any and all information, data and other items received from LeMarq. 


These Terms and Conditions may only be varied with the express written approval of LeMarq.


Our contract for the purchase of products and these Terms and Conditions shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.

 

LeMarq Limited
June 2013